Judge: Jill Feeney, Case: 23STCV00132, Date: 2023-04-28 Tentative Ruling

Case Number: 23STCV00132    Hearing Date: April 28, 2023    Dept: 30

*** TENTATIVE MODIFIED AT HEARING

Christopher Daniel Clark v. Lyft, Inc. et al.

23STCV00132

Motion to Compel Arbitration, by Defendant Lyft, Inc.

Ruling:  Granted.  Action is stayed pending completion of arbitration. 

Conference Re:  Status of Arbitration Proceedings is set for 10/27/2023 at 8:30 a.m. in Department 30 of the Spring Street Courthouse.

Counsel are ordered to file  JOINT Report Re: Status of Arbitration Proceedings (5) court days prior to 10/27/2023 .

**** The Arbitration Stay will be lifted upon filing of Request for Dismissal as to Defendant Lyft, Inc.

Moving party to give notice of ruling. 


Reasoning:  

The evidence shows that Lyft had a clickwrap format to manifest agreement to its Terms of Service. By clicking the button, Plaintiff agreed to Defendant's Terms of Service, thereby agreeing to arbitrate.   While the agreement was adhesive in nature, it was not procedurally unconscionable to any significant degree.  Neither was the agreement substantively unconscionable.  Nothing in it is harsh, one-sided or unduly oppressive.   Given the early stages of this lawsuit, Lyft has not waived its right to compel arbitration.