Madrigal v. Garfield Beach CVS CA2/5

Filed 7/28/23 Madrigal v. Garfield Beach CVS CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

JENNIFER M. MADRIGAL, B321255

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC695352) v.

GARFIELD BEACH CVS, LLC,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Lia Martin, Judge. Dismissed. Law Offices of Anita Grace Edwards and Anita Grace Edwards, for Plaintiff and Appellant. Payne & Fears, Daniel F. Fears, Andrew K. Haeffele, and Leilani E. Jones, for Defendant and Respondent.

I. INTRODUCTION

Plaintiff Jennifer M. Madrigal appeals from an order denying her petition to vacate an arbitration award pursuant to Code of Civil Procedure section 1286.1 We will dismiss the appeal as having been taken from a nonappealable order.

II. BACKGROUND

A. Complaint and Arbitration

On February 20, 2018, plaintiff, a former shift supervisor for defendant Garfield Beach CVS, LLC (CVS), filed a complaint alleging gender discrimination, gender harassment, and retaliation in violation of the Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.), constructive wrongful termination based on FEHA, and failure to pay final wages in violation of Labor Code sections 201 and 203.2 On September 18, 2018, plaintiff and CVS stipulated that they would submit plaintiff’s claims “to final and binding arbitration pursuant to the terms of the [a]rbitration [a]greement” with the American Arbitration Association (AAA) as the arbitrator. The trial court accepted the stipulation and issued a stay of the proceedings.