Judge: Carolyn M. Caietti, Case: 37-2023-00035663-CU-OR-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 27, 2023

10/27/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00035663-CU-OR-CTL CHO VS CHAPMAN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Eugene Cho's unopposed Motion to Compel Arbitration and Stay Proceedings is GRANTED.

Based on the documents provided, including copies of the parties' arbitration agreements, Plaintiff proved the existence of arbitration agreements and this dispute is covered by the arbitration agreements. (C.C.P., § 1281.2; ROA 30, at Ex. A-B, ¶¶ 19-20.) 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 did not prove a ground of denial or oppose the motion. (ROA 37.) Thus, the motion to compel arbitration is GRANTED.

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 sets a status conference on April 26, 2023, 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.

Plaintiff is ordered to serve written notice of the Court's final ruling on all appearing parties by October 31, 2023, unless parties submit on the tentative ruling or waive notice at the hearing.

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