Ling v. P.F. Chang's China Bistro, Inc.

Opinion

GROVER, J.

This appeal requires us to decide whether the trial court erred by correcting and remanding an arbitrator’s attorney fees award under the California Arbitration Act. (Code Civ. Proc., § 1280 et seq.) As did the trial court, we conclude that the arbitrator exceeded his power by awarding statutory attorney fees to a defendant employer for work performed in defeating an employee’s inextricably intertwined claims, contrary to public policy embedded in Labor Code section 1194’s one-way fee-shifting provision. We further conclude that the trial court’s remedy — correcting the award…