Judge: Holly J. Fujie, Case: 23STCV15610, Date: 2023-12-12 Tentative Ruling

Case Number: 23STCV15610    Hearing Date: December 12, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Lyft, Inc. (“Moving Defendant”)

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            Plaintiff’s complaint (the “Complaint”) alleges: (1) assault; (2) battery; (3) negligence; (4) violation of the Unruh Civil Rights Act; and (5) intentional infliction of emotional distress. 

On September 8, 2023, Moving Defendant filed a motion to compel arbitration and stay the proceedings (the “Motion”) on the grounds that Plaintiff entered into an agreement as a condition of using Moving Defendant’s services that requires that the claims alleged in the Complaint be resolved in binding arbitration.  On November 29, 2023, Plaintiff filed a notice of non-opposition to the Motion that states that Plaintiff agrees to participate in arbitration proceedings. 

            In light of Plaintiff’s non-opposition, the Court GRANTS the Motion and orders that Plaintiff’s claims be resolved in arbitration.  (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  The Court STAYS the action pending the conclusion of the arbitration proceedings.  The Court schedules a status conference on June 11, 2024 at 8:30 a.m. in this department.  The parties are to submit a joint status report by June 4, 2024.

 Moving party is ordered to give notice of this ruling. 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

         Dated this 12th day of December 2023