Deadlines: 30-Day Deadline To Pay Arbitration Fees Not Violated Where Mistake Was Made By Provider, Not Employer

First Invoice Was Paid By Employee And Marked "Paid" And Employer Timely Paid Second Invoice.

        In Anoke v. Twitter, Inc., A168675 (1/5 pub. 9/18/24) (Burns, J.), Sarah Anoke and other employees initiated arbitration against Twitter ("X") for employment-related disputes. Under California Code of Civil Procedure section 1281.97, an employer must pay its share of arbitration fees within 30 days of receiving the invoice, or the employer may face penalties, including paying the employee’s attorney fees.

        Here, the arbitration provider mistakenly accepted payment from the employees' counsel for the employer's portion of the fees. The arbitration provider later refunded this mistaken payment and issued a new invoice to X, which was paid within the 30-day window. Anoke argued X’s payment was untimely because it was not made within 30 days of the first invoice. However, the court ruled that since the first invoice was marked “paid” and a new invoice was issued, the 30-day period started from the second invoice.

        Held: X timely paid its share of arbitration fees within the 30-day grace period after receiving a second invoice. As a result, X was not in default under section 1281.97, and Anoke was not entitled to recover attorney fees under the statute. The superior court’s denial of Anoke’s petition was affirmed.