Judge: Elaine Lu, Case: 23STCV12543, Date: 2024-02-01 Tentative Ruling

Case Number: 23STCV12543    Hearing Date: February 1, 2024    Dept: 26

2/1/24:

The Court finds that it will be beneficial for both parties to submit more complete evidence before the Court rules on Defendant's motion to compel arbitration, including when (what year) Defendant began using HRM, what instructions if any were given to existing employees at the time to create an account on HRM, whether Plaintiff was instructed to create an account and execute documents on HRM, if so the circumstances (who, what, when, where, how, why) under which Plaintiff was given those instructions, the glitch that Steve Black states resulted in the wrong date being printed on the 2020 arbitration agreement, why the earlier (2003, 2011, 2016) arbitration agreements with Boulevard Cadillac are enforceable against Defendant Boulevard Automotive, and the circumstances that led to Plaintiff's execution of multiple arbitration agreements in 2001, 2003, 2011, and 2016 (who, what, when, where, how, why).

Plainitff orally requested today limited discovery as to the circumstances of Plaintiff's execution of all arbitration agreements that Defendant is seeking to enforce (including all arbitration agreements purportedly executed in 2001, 2003, 2011, 2016, and 2020), including what instructions Plaintiff may have been given, any custom and practice of Defendant at the time of execution, and any percipient witnesses to the execution of the arbitration agreements.  Defendant does not object to this limited discovery.  

No later than February 29, 2024, Defendant may file and serve supplemental evidence of any length and supplemental briefing not to exceed 10 pages addressing the above issues.  No later than April 29, 2024, Plaintiff may file and serve supplemental evidence of any length and supplemental briefing not to exceed 10 pages addressing the above issues.  No later than May 6, 2024, Defendant may file a supplemental reply brief not to exceed 2 pages.

Defendant's motion to compel arbitration is continued to June 24, 2024 at 8:30 am.

Defendant to give notice and file proof of service.