Judge: David A. Hoffer, Case: 30-2022-01275139, Date: 2023-07-24 Tentative Ruling

The Motion to Compel Arbitration and to Stay Proceedings filed on 2/24/23 is GRANTED.

To compel arbitration, the moving party must prove by a preponderance of the evidence that a written agreement to arbitrate a controversy exists and that a party thereto refuses to arbitrate such controversy. (C.C.P. § 1281.2.) The provisions of the written agreement to arbitrate and the paragraph that provides for arbitration must either be stated verbatim in the petition or attached thereto. (C.R.C. 3.1330.) The burden then shifts to the resisting party “to demonstrate that an arbitration clause cannot be interpreted to require arbitration of the dispute.” (Buckhorn v. St. Judge Heritage Medical Group (2004) 121 Cal.App.4th 1401, 1406.) Any reasonable doubt as to whether a claim falls within the arbitration clause is to be resolved in favor of arbitration. (Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1229.)

Defendant has met the basic requirements of alleging that there is a written agreement to arbitrate and the Motion’s supporting Declaration of Harlin Bhangoo attaches and authenticates Exhibit A, which is the arbitration agreement. Defendant has shown that the FAA applies, as Defendant is engaged in interstate commerce, and that there is a valid, enforceable agreement to arbitrate. 

The language of the Agreement expressly states that it covers claims including “claims for discrimination and/or harassment; claims for wrongful termination, claims for retaliation… claims for wages or other compensation… and claims for violation of any law, statute, regulation, ordinance or common law”.  It expressly covers claims for violations of the California Labor Code and California Wage Orders. As such, Plaintiff’s claims fall squarely within the express terms of the arbitration agreement.

Accordingly, the unopposed Motion to Compel Arbitration is granted and the action is stayed.  The court will set a date approximately six months from the hearing date for a status conference.

Moving party is ordered to give notice of this ruling.