Judge: Colin Leis, Case: 23STCV17228, Date: 2024-01-31 Tentative Ruling

Case Number: 23STCV17228    Hearing Date: January 31, 2024    Dept: 74

Peter Machin v. CRMLS Comliance [sic]

Motion to Compel Arbitration and Stay Action

The court considered the moving papers. Plaintiff did not file an opposition.

BACKGROUND

            This action arises from a dispute over a database that facilitates real estate sales.

            On July 24, 2023, Plaintiff Peter Machin filed a complaint against Defendant California Regional Multiple Listing Service, Inc.

            On August 24, 2023, Defendant filed this motion to compel arbitration and stay the action.

DISCUSSION

            Defendant seeks to compel arbitration. Defendant bears the burden of producing evidence of a written agreement that covers the claims in Plaintiff’s complaint. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.) Defendant has met that burden. (Smetana Decl., ¶ 2, Ex. 1; ¶ 3, Ex. 2, § XVII; Garcia Decl., ¶ 5; Ex. 1.) Plaintiff has not filed an opposition to the motion.

CONCLUSION

                The court grants Defendant’s motion to compel arbitration and stays this action pending the arbitration’s completion. The court orders all of Plaintiff’s causes of action to arbitration.

Defendant shall give notice.