Judge: Christopher K. Lui, Case: 24STCV02293, Date: 2024-11-19 Tentative Ruling
Case Number: 24STCV02293 Hearing Date: November 19, 2024 Dept: 76
TENTATIVE RULING
Attorney Daniel E. Jones’ motion for admission pro hac vice to appear as counsel for Defendant Lyft, Inc. is GRANTED.
Defendant Lyft, Inc. moves to compel arbitration and stay proceedings is GRANTED.
Motion To Compel Arbitration and Stay Action
Defendant Lyft, Inc. moves to compel arbitration and stay proceedings.
California favors arbitration. (Haworth v. Superior Court (2010) 50 Cal.4th 372, 380.) CCP §1281.2 provides:
On petition of a party to an arbitration agreement alleging the
existence of a written agreement to arbitrate a controversy and that a party
thereto refuses to arbitrate such controversy, the court shall order the
petitioner and the respondent to arbitrate the controversy if it determines
that an agreement to arbitrate the controversy exists, unless it determines
that:
(a) The right
to compel arbitration has been waived by the petitioner; or
(b) Grounds
exist for the revocation of the agreement.
Under
California law, arbitration agreements are valid, irrevocable, and enforceable,
save upon such grounds as exist at law or in equity for the revocation of any
contract. (Cable Connection, Inc. v. DIRECTV, Inc. (2008) 44 Cal.4th 1334, 1343; Code Civ. Proc., § 1281.) A party petitioning to compel
arbitration has the burden of establishing the existence of a valid agreement
to arbitrate and the party opposing the petition has the burden of proving by a
preponderance of evidence any fact necessary to its defense. (Banner Entertainment, Inc. v. Superior Court
(1998) 62 Cal.App.4th 348, 356.) The court may weigh the evidence by
considering affidavits, declarations, documents and oral testimony. (Id. at 357.)
Defendant
presents the arbitration provision attached to the Paul McCachern, which
Plaintiff electronically agreed to in each updated version of the Terms of
Service Agreement by clicking I Agree in order to proceed to offer a ride using
the Lyft App. (McCachern Decl., ¶¶ 9 – 15.) McCachern sufficiently
authenticates the Terms of Service Agreements and arbitration provisions
contained therein. (McCachern Decl. ¶¶ 16 – 18.) McCachern also establishes
that Plaintiff agreed to Lyft’s Terms of Service by using the app and platform.
(McCachern Decl., ¶¶ 19 – 21.)
The
arbitration provision is set forth in pertinent part as follows:
PLEASE BE
ADVISED: THIS AGREEMENT CONTAINS PROVISIONS
THAT GOVERN
HOW CLAIMS BETWEEN YOU AND LYFT CAN BE
BROUGHT (SEE
SECTION 17 BELOW). THESE PROVISIONS WILL, WITH
LIMITED
EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A
JURY TRIAL,
AND (2) SUBMIT CLAIMS YOU HAVE AGAINST LYFT TO
BINDING AND
FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY CLASS, GROUP OR
REPRESENTATIVE
ACTION OR PROCEEDING. AS A DRIVER OR
DRIVER
APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF
ARBITRATION
WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
. . .
17. DISPUTE
RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement
to Binding Arbitration Between You and Lyft.
YOU AND LYFT
MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A
COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY
ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration
Agreement”) is governed by the Federal Arbitration Act (“FAA”); but if the FAA
is inapplicable for any reason, then this Arbitration Agreement is governed by
the laws of the State of Delaware, including Del. Code tit. 10, § 5701 et seq.,
without
regard to choice of law principles. This Arbitration Agreement survives after
the Agreement terminates or your relationship with Lyft ends. ANY ARBITRATION
UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS
AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this
Arbitration Agreement applies to all Claims (defined below) between you and
Lyft, including our affiliates, subsidiaries, parents, successors and assigns,
and each of our respective officers, directors, employees, agents, or
shareholders. This Arbitration Agreement also applies to claims between you and
Lyft’s service providers,
including but
not limited to background check providers and payment processors; and such service
providers shall be considered intended third-party beneficiaries of this
Arbitration Agreement.
Except as
expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM”
AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING
ARBITRATION SOLELY BETWEEN YOU AND LYFT. These Claims include, but are not
limited to, any dispute, claim or controversy, whether based on past, present,
or
future
events, arising out of or relating to: this Agreement and prior versions
thereof (including the breach, termination, enforcement, interpretation or
validity thereof), the Lyft Platform, the Rideshare Services, the Lyft
Services, Lyft promotions, gift card, referrals or loyalty programs, the Lyft
Tablet, any other goods or services made available through the Lyft Platform by
Lyft or a third-party provider, your relationship with Lyft, the threatened or
actual suspension, deactivation or termination of your User Account or this
Agreement,
background
checks performed by or on Lyft’s behalf, payments made by you or any payments
made or allegedly owed to you, any promotions or offers made by Lyft, any city,
county, state or federal wage-hour law, trade secrets, unfair competition,
compensation, breaks and rest periods, expense reimbursement, wrongful
termination, discrimination, harassment, retaliation, fraud, defamation,
emotional distress, breach of any express or implied contract or covenant,
claims arising under federal or state consumer protection laws; claims arising
under antitrust laws, claims arising under the Telephone Consumer Protection
Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade
Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age
Discrimination in Employment Act, Older Workers Benefit Protection Act, Family
Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income
Security Act of 1974 (except for individual claims for employee benefits under
any benefit plan sponsored by Lyft and covered by the Employee Retirement
Income Security Act of 1974 or funded by insurance), and state statutes, if
any, addressing the same or similar subject matters, and all other
federal and
state statutory and common law claims. All disputes concerning the
arbitrability of a Claim (including disputes about the scope, applicability,
enforceability, revocability or validity of the Arbitration Agreement) shall be
decided by the arbitrator, except as expressly provided below.
BY AGREEING
TO ARBITRATION, YOU UNDERSTAND THAT YOU AND LYFT ARE WAIVING THE RIGHT TO SUE
IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE
PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended
to require arbitration of every claim or dispute that can lawfully be
arbitrated, except for those claims and disputes which by the
terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(Paul McCachern, Exh. 1 [bold emphasis added\])
The scope of the arbitration agreement include the breach of contract asserted in the Complaint. The Court finds that Plaintiff agreed to arbitration this claim against Defendant. The burden shifts to Plaintiff to demonstrate that the arbitration agreement should not be enforced.
In failing to file an opposition, Plaintiff has not met that burden.
As
such, the motion to compel arbitration is GRANTED. The action is ordered stayed
pursuant to CCP § 1281.4.