Judge: Armen Tamzarian, Case: 22STCV23561, Date: 2022-12-06 Tentative Ruling

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Case Number: 22STCV23561    Hearing Date: December 6, 2022    Dept: 52

Plaintiffs WLA Legal Services, Inc. and Steven Zelig’s Motion to Compel Binding Arbitration and Stay Action

On October 25, 2022, the court found the parties had an enforceable arbitration agreement.  Defendant opposed the motion to compel arbitration on the grounds that she could not afford to pay for arbitration.  When a party compelled to arbitrate objects that she cannot pay, the court must “determine if [the party] is unable to pay arbitration costs and, if so, to offer the [opposing party] two alternatives: elect to either pay that [party’s] share of the arbitration cost and remain in arbitration or waive its right to arbitrate.”  (Aronow v. Superior Court (2022) 76 Cal.App.5th 865, 874 (Aronow), internal quotes omitted.) 

The court continued this motion to allow defendant to file a completed copy of Judicial Council form FW-001 and request to waive court fees and show her inability to pay for arbitration.  On November 7, 2022, the court granted defendant’s request to waive court fees based on her inability to pay her monthly expenses and court fees. 

The court posted a tentative ruling granting this motion to compel arbitration on the condition that plaintiffs pay for arbitration.  Plaintiffs objected that they were never served with the form FW-001—the evidence the court relied upon.  The court continued the hearing and ordered defendant to serve her form FW-001 (or other evidence) on plaintiffs.  On November 22, 2022, defendant filed proof of service of her form FW-001 on plaintiffs.  Plaintiffs did not file any papers in response. 

Defendant provided sufficient evidence of her inability to pay for arbitration.  Plaintiffs have now seen that evidence and had an opportunity to object.  They did not.  Under Aronow, the court must provide plaintiffs with their two available options: elect to either pay defendant’s share of the arbitration cost or waive their right to arbitrate. 

Disposition

            If plaintiffs agree to pay for defendant’s arbitration costs, the motion will be granted.  If plaintiffs do not agree to pay defendant’s arbitration costs, the motion will be denied, and plaintiffs will have waived their right to arbitration. 

If Plaintiffs agree to pay defendant’s arbitration costs, the pending anti-SLAPP motion will be taken off-calendar, and this matter will be stayed pending arbitration.