Judge: Gregory W. Pollack, Case: 37-2023-00026097-CU-PA-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024  09:30:00 AM  C-71 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Gregory W Pollack

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2023-00026097-CU-PA-CTL PANSEGRAU VS LYFT INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 09/27/2023

The Court rules on defendant Lyft, Inc.'s (Defendant) motion to compel arbitration and stay proceedings as follows: Defendant brings this unopposed motion pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. §1, et seq.

It is undisputed that plaintiff Jennifer Marie Pansegrau (Plaintiff) repeatedly consented to Defendant's Terms of Service, which included an arbitration provision. (See McCachern Dec.) The arbitration provision itself states, that 'YOU AND LYFT MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION...' (Id., at Exh. 7, ¶17(a).) The scope of said agreement covered 'any dispute, claim or controversy whether based on past, present, or future events, arising out of or relating to...the Lyft Platform, the Rideshare Services...and all other federal and state statutory and common law claims.' (Id., at Exh. 8, 17(a).) In addition, the FAA, which governs this arbitration agreement, strongly favors enforcement of arbitration agreements. (Dean Witter Reynolds, Inc. v. Byrd (1985) 470 U.S. 213, 218.) Given the above, the motion is granted and the matter stayed pursuant to 9 U.S.C. §3.

IT IS SO ORDERED.

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