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Cheng-Canindin v. Renaissance Hotel Associates

57 Cal. Rptr. 2d 867 (1996)

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Cheng-Canindin v. Renaissance Hotel Associates

California Court of Appeal
57 Cal. Rptr. 2d 867 (1996)

EP

Facts

Georgina Cheng-Canindin (Cheng) (plaintiff) sued the owners and management of the Parc Fifty Five Hotel (hotel) (defendant) for wrongful termination. In response, two hotel defendants filed a petition with the trial court seeking to compel Cheng to arbitrate her claims through the hotel’s Review Committee (committee) and to stay court proceedings pending resolution by the committee. The hotel argued that while employed, Cheng acknowledged receipt of its employee handbook in which Cheng agreed to submit all disputes related to her employment to the committee, which would make a final, binding decision on the issue. The committee would consist of hotel employees and managers from outside Cheng’s department, with the general manager serving as the swing vote, if needed, and deciding whether employees could testify. The hotel claimed that the committee process was unbiased and that Cheng waived her right to litigate claims related to her employment. Based on the language in the handbook, Cheng argued that the committee process was optional and voluntary, not requiring her to submit to arbitration. The trial court denied the hotel’s petition to compel arbitration. The hotel appealed.

Rule of Law

Issue

Holding and Reasoning (Haerle, J.)

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