Judge: Elaine W. Mandel, Case: 23SMCV02152, Date: 2024-06-10 Tentative Ruling

Case Number: 23SMCV02152    Hearing Date: June 10, 2024    Dept: P

Tentative Ruling

Cargill, et al. v. Greenberg, Glusker, et al., Case No. 23SMCV02152

Hearing date June 10, 2024

Defendant Greenberg Glusker’s Petition to Compel Arbitration - UNOPPOSED

Plaintiffs allege defendant Greenberg Glusker and Rothstein Law committed legal malpractice in their representations of plaintiffs in an underlying federal lawsuit. Greenberg Glusker seeks to compel arbitration based on the arbitration provision in the engagement agreement. No opposition has been filed.

Existence of an Arbitration Agreement

In a motion to compel arbitration, moving party must prove by a preponderance of evidence existence of the arbitration agreement and that the dispute is covered by the agreement. The burden then shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud, unconscionability, etc.). Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413-414; Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 758. See also Code of Civ. Proc. §1281.2.

The signed arbitration agreement, dated May 15, 2020, contains an arbitration provision that states: “By signing this letter, you agree … and we agree that, in the event of any dispute arising out of or relating to this agreement, our relationship, or the services performed (including but not limited to disputes regarding fees or costs, claims of negligence, breach of fiduciary duty, fraud or any claim based upon a statute or rule), such dispute shall be resolved by submission to binding arbitration….” Steinberg Decl., Exh. 3 at pg. 7.

Greenberg Glusker contends the arbitration agreement covers the subject dispute because the claims arise from the legal representation in the underlying federal action. The arbitration provision covers “any dispute arising out of or relating to this agreement, our relationship, or the services performed…”  Steinberg Decl, Exh. 3 at pg. 7.

The arbitration provision covers all alleged conduct. The petition is unopposed and is GRANTED.