Judge: Daniel S. Murphy, Case: 24STCP03809, Date: 2025-05-02 Tentative Ruling

Case Number: 24STCP03809    Hearing Date: May 2, 2025    Dept: 32

BACKGROUND

            On November 22, 2024, Petitioner Jamra, Jamra & Hanasab, LLP filed a petition to compel arbitration against Respondent Perry Liu. The matter arises from a fee dispute.

            On March 26, 2025, Petitioner filed the instant motion to compel arbitration. Respondent has not filed an opposition.

LEGAL STANDARD

“On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that 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….” (Code Civ. Proc, § 1281.2.) “The party seeking arbitration bears the burden of proving the existence of an arbitration agreement, and the party opposing arbitration bears the burden of proving any defense, such as unconscionability.” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236.)

DISCUSSION

“The moving party ‘can meet its initial burden by attaching to the motion or petition a copy of the arbitration agreement purporting to bear the opposing party's signature.’” (Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165.)

            Here, the retainer agreement between the parties specifies that “any dispute or controversy between you and J&J regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration.” (Jen Decl., Ex. A at p. 6.) Respondent specifically initialed this provision. (Ibid.) Respondent also signed an acknowledgment at the end of the agreement, attesting that “I ACKNOWLEDGE THAT THIS AGREEMENT IS SUBJECT TO ARBITRATION AS PROVIDED IN THE PARAGRAPH ABOVE ENTITLED ‘ARBITRATION.’” (Id. at p. 11.)

            Therefore, Petitioner has proven the existence of an arbitration agreement covering the claims at issue. Respondent does not dispute this with an opposition or otherwise present any reason for avoiding enforcement of the agreement. As a result, the matter must proceed in arbitration. 

CONCLUSION

            Petitioner’s motion to compel arbitration is GRANTED.