Judge: Douglas W. Stern, Case: 22STCP03193, Date: 2022-10-26 Tentative Ruling

Case Number: 22STCP03193    Hearing Date: October 26, 2022    Dept: 68

Jeffer Mangels Butler & Mitchell LLP v. Coachella Sports & Entertainment Stadium Authority LLC, Case No. 22STCP03193

Tentative Ruling: Petition to Compel Binding Arbitration

On August 29, 2022, Petitioner filed its Petition to Compel Binding Arbitration related to fees for legal services that it provided Respondent Coachella Sports & Entertainment Stadium Authority LLC.  No opposition has been filed.

The Petition was served on Respondent by regular mail (and electronically) as agreed in the parties’ June 12, 2019 Terms of Engagement paragraph 11.  (See Code of Civ. Proc. § 1290.4(a).)

Under California law, arbitration agreements are valid, irrevocable, and enforceable, except on such grounds that exist at law or equity for voiding a contract. (Winter v. Window Fashions Professions, Inc. (2008) 166 Cal.App.4th 943, 947.) The party moving to compel arbitration must establish the existence of a written arbitration agreement between the parties. (Code of Civ. Proc. § 1281.2.) In ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute, and general principles of California contract law help guide the court in making this determination. (Mendez v. Mid-Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.)

Petitioner has met its initial burden of showing that an arbitration agreement exists with Respondent. (Sedor Decl., ¶ 2; Ex. 1.) The arbitration agreement provided by Petitioner contains a signature of Respondent.  Respondent has not filed any opposition to the Petition to Compel Arbitration.

Petitioner provided notice of the right to arbitration on December 21, 2021 (Sedor Decl., ¶ 3; Ex. 2) and on February 3, 2022, served a demand for arbitration on Respondent (Sedor Decl., ¶ 4; Ex. 3).

Based on the foregoing, because Petitioner has proven the existence of the arbitration agreement and Respondent has not indicated any opposition, the Court will grant Petitioner’s petition to compel arbitration.

Petitioner’s petition to compel arbitration is GRANTED.