Employment: After Rehearing, Court Of Appeal Again Reverses Trial Court’s Order Denying Employer’s Motion To Compel Arbitration

Same As Before – Only This Time A Third Judge Signs On To The Opinion

     I blogged about this very same case in a post on August 27, 2014.  So I was puzzled at first as to why another published opinion was issued following rehearing on January 20, 2015.  Cruise v. Kroger Co., B248430 (2/3 Jan. 20, 2015) (Aldrich, Kitching, Klein) (published).  The disposition before and after rehearing is identical:  “The order denying the motion to compel arbitration and stay the action is reversed with directions to grant the motion.”  The opinions are not identical, but are substantially the same.

     This time around, Justice Kitching’s concurrence is added, making it a threesome.  The first time around, a third judge was unavailable, and the Court relied on a provision allowing judgment upon the concurrence of two judges.  Cal. Const., art. VI, § 3.  Puzzle solved.