Judge Holly J. Fujie, Case Number: 23STCV26677, Date: 2024-02-26 Tentative Ruling

John Marsic (Plaintiff) was hired by his now former employer, JMG Investments, Inc. dba Harmony Place (Defendant) on September 1, 2016 to work as a Resident Advisor Supervisor. (Complaint, ¶ 16.) Defendant is a company that operates a residential facility for substance abuse disorder, treatment, and rehabilitation.

Around the fall of 2019, Plaintiff suffered a heart attack at work. (Id.at ¶ 18.) Then, in February of 2022, Plaintiff was injured when he fell on ice while working. (Id. at ¶ 19.) Although this slip and fall caused Plaintiff to miss two days of work, he returned thereafter. In April of 2022, Plaintiff began suffering from dizziness and high blood pressure, which limited Plaintiff’s ability to perform at work. (Id. at ¶ 20.) After consulting with his medical provider the following September, Plaintiff’s doctor provided Plaintiff with a letter to Defendant regarding medical leave, which was approved. (Id. at ¶ 21.)

Plaintiff remained in contact with Defendant regarding his medical conditions. After discussions around returning to work in December of 2022, Plaintiff received a letter terminating his employment dated December 20, 2022. (Id. at ¶ 22.) Plaintiff subsequently filed his Complaint on October 30, 2023.

The Complaint alleges nine causes of action including violations of the Fair Employment and Housing Act (FEHA) against Defendant. The motion before the Court is Defendant’s Motion to Compel Arbitration (Motion). The Motion was filed on January 2, 2024, and is unopposed.

Under both the Federal Arbitration Act and 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.) This is usually done by presenting a copy of the signed, written agreement to the court. “A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions must be stated verbatim, or a copy must be physically or electronically attached to the petition and incorporated by reference.” (Cal. Rules of Court, rule 3.1330.)

The moving party must also establish the other party’s refusal to arbitrate the controversy. (Code of Civ. Proc. § 1281.2.) The filing of a lawsuit against the moving party for a controversy clearly within the scope of the arbitration agreement affirmatively establishes the other party’s refusal to arbitrate the controversy. (Hyundai Amco America, Inc. v. S3H, Inc. (2014) 232 Cal.App.4th 572, 577.)

Here, Defendant files a signed copy of the arbitration agreement (the agreement) concurrently with their Motion. (Declaration of Lena Amitin, Exh. B.) The agreement is signed with Plaintiff’s first and last name, and dated December 5, 2018. A clear heading within the agreement is titled “Agreement for Binding Arbitration” just before the paragraph detailing the agreement, what the agreement covers, and that the signer waives their right to a trial by jury. (Id.)

The agreement states that the signer agrees to “submit and settle any dispute, controversy, or claim arising out of or relating to my employment relationship with [Defendant] to arbitration…” The termination of Plaintiff’s employment clearly arises out of Plaintiff’s employment relationship with Defendant. Additionally, there is no indication of any procedural nor substantive unconscionability within the agreement.

Defendant has also established that that opposing party refuses to arbitrate through: (1) Plaintiff’s filing of the Complaint on October 30, 2023 that commenced this action and (2) through the Declaration of Pauline L. Duong (Duong Decl.) which states that after conferring with Plaintiff’s counsel, Plaintiff would not stipulate to arbitration. (Duong Decl., ¶ 5.)

As Defendant has established the existence of a valid arbitration agreement and has established Plaintiff’s refusal to arbitrate, the Motion to Compel Arbitration is GRANTED.

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.

Hon. Holly J. Fujie

Judge of the Superior Court