Judge: Curtis A. Kin, Case: 19STCV38638, Date: 2022-08-11 Tentative Ruling

Case Number: 19STCV38638    Hearing Date: August 11, 2022    Dept: 72

MOTION FOR AN ORDER TO RESUME JURISDICTION

Date:               8/11/22 (8:30 AM)

Case:               Cherryl Breier v. Crystal Cruises, LLC (19STCV38638)

TENTATIVE RULING:

Plaintiff Cherryl Breier’s Motion for an Order for the Court to Resume Jurisdiction is GRANTED.

On October 6, 2020, the Court granted defendant’s motion to compel arbitration and stayed the case.  On June 22, 2022, the arbitrator removed the case between plaintiff and defendant Crystal Cruises, LLC from arbitration due to defendant’s breach and waiver of the arbitration agreement. (Nava Decl. ¶ 2 & Ex. A at II.A.7, III.1.)  Plaintiff now moves for the Court to resume jurisdiction of this action.  Defense counsel has filed a response stating it takes no position concerning plaintiff’s motion.

Based on the arbitrator’s finding that defendant breached the arbitration agreement and waived the contractual right to arbitration by failing to participate in the arbitration, the Court agrees that the arbitration agreement between the parties is no longer enforceable. (CCP § 1281 [“A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract”]; Cinel v. Barna (2012) 206 Cal.App.4th 1383, 1390 [contractual rights may be breached by repudiation, constituting grounds for finding of waiver of arbitration agreement].)

Accordingly, the Court lifts the stay and reasserts jurisdiction in this matter.  (See Cinel, 206 Cal.App.4th at 1387 [trial court reasserted jurisdiction after arbitration panel terminated arbitration for nonpayment of fees].)