Judge: Colin Leis, Case: 22STCV32721, Date: 2024-01-10 Tentative Ruling

Case Number: 22STCV32721    Hearing Date: January 10, 2024    Dept: 74

Narine Sargsyan v. Kan Di Ki, LLC, et al.

Motion to Compel Arbitration.

The court considered the moving papers and opposition, and reply.

In 2014, Plaintiff Narine Sargysan (Plaintiff) entered an arbitration agreement with Defendant Kan Di Ki, LLC (Defendant).

            In 2018, Plaintiff allegedly entered into an arbitration agreement with Trident USA Health Services, Defendant’s parent company.

            On October 5, 2022, Plaintiff filed a complaint against Grigor Galadzhyan and Defendant. In the complaint, Plaintiff alleged causes of action for wrongful termination, age discrimination, disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, harassment, intentional infliction of emotional distress, and adverse employment actions in violation of public policy.

            On December 20, 2022, Defendant filed this motion to compel arbitration and stay proceedings.

The court grants Defendant’s motion to compel because none of Plaintiff’s arguments resting on Defendant’s entry into and later emergence from a Chapter 11 corporate reorganization under the Bankruptcy Code, during which Defendant assumed its pre-bankruptcy “employment related” agreements, persuades the court that Defendant’s reorganization renders the arbitration agreement unenforceable.