Judge: Anne Hwang, Case: 23STCV30182, Date: 2024-08-14 Tentative Ruling

Case Number: 23STCV30182    Hearing Date: August 14, 2024    Dept: 32

PLEASE NOTE:   Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached.  If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit.  The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling.  If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court.  If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely.  Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court. 

TENTATIVE RULING

BACKGROUND

On December 11, 2023, Plaintiff Jane Doe (“Plaintiff”) filed a complaint against Defendants Uber Technologies, Inc., Rasier, LLC, Rasier-CA, LLC, Oswaldo Gonzalez, and Does 1 to 51 based on injuries from an alleged motor vehicle accident that occurred on December 14, 2021.

Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC (“Defendants”) now move to compel arbitration of Plaintiff’s claim and to dismiss or stay the action pending completion of arbitration.

The hearing for this motion was originally scheduled for June 28, 2024.

On June 27, 2024, the Court granted in part Plaintiff’s ex parte application and continued the hearing for the motion to August 14, 2024. (Min. Order, 6/27/24.)

On August 1, 2024, Plaintiff filed an opposition to the motion. Defendants filed a reply on August 7, 2024.

LEGAL STANDARD

The Federal Arbitration Act (FAA) governs a motion to compel arbitration when an agreement provides its ‘enforcement’ shall be governed by the FAA. (Victrola 89, LLC v. Jamon Properties 8 LLC (2020) 46 Cal.App.5th 337, 346.)

Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties’ dispute.¿(9 U.S.C., § 4;¿Chiron Corp. v. Ortho Diagnostics Systems, Inc.¿(9th Cir. 2000) 207 F.3d 1126, 1130.) If the finding is affirmative on both counts, the FAA requires the Court to enforce the arbitration agreement in accordance with its terms. (Simula, Inc. v. Autoliv, Inc.¿(9th Cir. 1999) 175 F.3d 716, 719–720.) ¿

“If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.” (Code Civ. Proc., § 1281.4.)

JUDICIAL NOTICE

The Court takes judicial notice of the existence of the cases listed in Defendants’ Request for Judicial Notice, but not the contents of the orders. (Evid. Code § 452(d).)

DISCUSSION

Defendants move to compel arbitration on the grounds that Plaintiff agreed to arbitrate by agreeing to its Terms of Service. Defendants assert they are aware of Plaintiff’s legal name and address and used that information to identify her account information. (Gaddis Decl. ¶ 8, fn.1.) The agreement reads in pertinent part:

“Except as expressly provided below in Section 2(b), you and Uber agree that any dispute, claim or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof, (ii) your access to or use of the Services at any time, (iii) incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether the dispute, claim or controversy occurred or accrued before or after the date you agreed to the Terms, or (iv) your relationship with Uber, will be settled by binding arbitration between you and Uber, and not in a court of law. This Agreement survives after your relationship with Uber ends. You acknowledge and agree that you and Uber are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding. This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third-parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties; those claims shall also be subject to this Arbitration Agreement.”

…

“Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. 5 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto.”

(Gaddis Decl., Exh. H, April 14, 2021 Agreement (“Agreement”) at 2(a), (c).)

First, the FAA governs the agreement according to the explicit terms. (Id., Agreement at 2(c).) Defendants present evidence that Plaintiff first registered for an Uber account on August 29, 2015 and accepted Uber’s Terms of Use, which included an arbitration agreement. (Gaddis Decl. ¶ 8.) Uber’s Data Science Manager also determined that on June 14, 2021, Plaintiff was presented with an in-app blocking pop-up screen notifying Plaintiff of the April 14, 2021 updated terms. She then clicked the checkbox and tapped the “confirm” button. (Id. ¶ 15.)

Second, the agreement provides that all disputes and claims between Uber and Plaintiff involving any accidents resulting in personal injury will be resolved by binding arbitration. Therefore, because Defendants maintain that Plaintiff was using its services when the accident occurred, Defendants have met their burden that the agreement covers the present controversy. 

In opposition, Plaintiff does not oppose compelling arbitration as to Uber only. Instead, Plaintiff requests that the order compelling arbitration also toll the statute of limitations for the claims against Uber pending commencement of the arbitration. Additionally, Plaintiff requests that arbitration be commenced no later than ninety (90) days following entry of the order, unless otherwise agreed by the parties, and that any stay or dismissal only apply to the claims against Uber, and not against co-defendant Oswaldo Gonzalez.  

In reply, Defendants clarify that their motion is only seeking to compel arbitration and stay proceeding against Uber, and not against Defendant Oswaldo Gonzalez.

However, Plaintiff presents no authority to warrant tolling the statute of limitations, given that the case is already filed, or authority for the Court to order the arbitration to be commenced within 90 days.

CONCLUSION AND ORDER

Accordingly, Defendants’ motion to compel arbitration and stay all judicial proceedings as they relate only to Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC, pending the completion of arbitration is GRANTED.

The Court sets the matter for an Order to Show Cause Re Dismissal due to Completion of Arbitration Proceedings for February 10, 2025 at 8:30 a.m. in Department 32 of the Spring Street Courthouse.

Defendants shall provide notice of the Court’s ruling and file a proof of service of such.