Judge: Carolyn M. Caietti, Case: 37-2023-00023873-CU-WT-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2023-00023873-CU-WT-CTL DAVIS FRADET VS BRIGHT EVENT RENTALS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/24/2023

Defendant Bright Event Rentals, LLC's Motion to Compel Arbitration and to Stay Action is GRANTED.

Based on the documents provided, including a copy of the parties' arbitration agreement, Defendant proved the existence of an arbitration agreement and this dispute is covered by the arbitration agreement. (C.C.P., § 1281.2; Declaration of Tom Conway, at Ex. 1.) The burden then shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud, unconscionability, etc.) (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758.) Plaintiff filed an opposition, indicating she did not oppose the motion, so long as the arbitration 'is directed to conform to the requirements of the seminal California Supreme Court case Armendariz v. Foundation Health Psycare Services, Inc., 24 Cal. 4th 83 (2000)....' Plaintiff does not articulate any way in which the arbitration agreement does not comport with Armendariz. Thus, she has not proven a ground for denial.

The parties are ordered to arbitrate this dispute. The litigation is stayed pending the outcome of the arbitration pursuant to C.C.P. section 1281.4.

The Court notes Plaintiff's response indicates she does not waive the provisions of C.C.P. section 1281.97 through 1281.99.

The Case Management Conference is vacated.

The Court sets a status conference on October 25, 2024, at 9:30 a.m. in Department 70.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Defendant is ordered to serve written notice of the Court's final ruling on all appearing parties by April 30, 2024.

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