Judge: James A. Mangione, Case: 37-2023-00024875-CU-OE-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00024875-CU-OE-CTL SOLTERO VS MOSSY NISSAN INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Mossy Nissan, Inc. dba Mossy Nissan National City's Motion to Compel Arbitration is granted.

The Court finds that Defendant has satisfied its burden to show that the electronic signature on the August 6, 2021 Dispute Resolution Agreement ('Agreement') was 'the act of' Plaintiff. (See Civ. Code § 1633.9(a).) Consequently, the Court finds the Agreement is a valid, binding agreement between the parties to arbitrate employment disputes on an individual basis. Finally, the Court disagrees with Plaintiff's argument that he has not asserted any individual PAGA claims. A PAGA claim necessarily contains an individual component because a Plaintiff only has standing if he can show that he suffered one or more of the alleged violations. (See Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, 1116.) Therefore, an employer can compel arbitration of the individual Labor Code violation that Plaintiff asserts in order to establish standing under PAGA.

This case is stayed pending arbitration. A status conference is set for July 26, 2024, at 9:45 a.m. in this Department.

All evidentiary objections are overruled.

The minute order is the order of the Court.

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