Judge: Craig Griffin, Case: "Custer v. HCI Systems, Inc.", Date: 2022-10-03 Tentative Ruling

Defendant HCI Systems, Inc.’s motion to compel arbitration against plaintiff Dean Custer is GRANTED.

Plaintiff filed a limited opposition requesting an order that the arbitration proceed in compliance with Code of Civil Procedure section 1283.05 regarding discovery during arbitration and that there is no waiver of Code of Civil Procedure sections 1281.97 and 1281.98 regarding payment of fees and costs by the drafting party. There is nothing in the arbitration agreement which purports to require or authorize the Court’s intervention in discovery or other procedural matters before the arbitrator. Therefore, plaintiff’s arguments are unavailing. Defendant’s motion to compel arbitration is granted.

The court orders the action STAYED pending arbitration pursuant to Code of Civil Procedure section 1281.4. The court sets an ADR Review Hearing for December 9, 2022, at 9:30 a.m. in Dept. N17.

Defendant is to give notice.