Judge: Joel L. Lofton, Case: 23AHCV00655, Date: 2023-06-29 Tentative Ruling

Case Number: 23AHCV00655    Hearing Date: August 17, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      August 17, 2023                                              TRIAL DATE: No date set.

CASE:                         NICOLE JOHNSON, an individual, v. LASERAWAY MEDICAL GROUP, INC., a California corporation; LASERAWAY, LLC, and DOES 1 to 100, inclusive. 

CASE NO.:                 23AHCV00655

MOTION TO COMPEL ARBITRATION

MOVING PARTY:               Defendants Laseraway Medical Group, Inc. and Laseraway, LLC (“Defendants”)

RESPONDING PARTY:      Plaintiff Nicole Johnson

SERVICE:                              Filed July 10, 2023

OPPOSITION:                       Notice of non-opposition filed August 10, 2023

RELIEF REQUESTED

             Defendants move to compel Plaintiff to submit this claim to binding arbitration.

BACKGROUND

             This case arises out of Plaintiff Nicole Johnson’s claim that on January 4, 2023, she suffered burns and injuries as a result of Defendants’ negligent performance of a laser hair removal procedure. Plaintiff filed this complaint March 24, 2023, alleging eight causes of action for (1) general negligence, (2) fraud, (3) breach of contract, (4) battery, (5) unjust enrichment, (6)  Consumer Legal Remedies Act violation, (7) Unfair Competition Law violation, and (8) False Advertising Law violation.

TENTATIVE RULING

            Defendants’ motion to compel arbitration is GRANTED.

            This case is ordered stay pursuant to Code of Civil Procedure section 1281.4.

LEGAL STANDARD

“California and federal law both favor enforcement of valid arbitration agreements.” (Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 889.) “A party who files a motion to compel arbitration ‘bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.’’ (Cisnero Alverez v. Altamed Health Services Corporation (2021) 60 Cal.App.5th 572, 580.)

DISCUSSION

            Defendants move to compel Plaintiff to submit this claim to binding arbitration. Defendants assert that Plaintiff consented to the arbitration agreement on February 25, 2023. (Heckmann Decl. ¶ 8, Exhibit B.) On August 10, 2023, Plaintiff filed notice that she was not opposing Defendants’ motion to compel arbitration.

            Defendants’ motion to compel arbitration is granted.

CONCLUSION

            Defendants’ motion to compel arbitration is GRANTED.

            This case is ordered stayed pursuant to Code of Civil Procedure section 1281.4.

Case Management Conference set on September 6, 2023 is taken off calendar and a Post Arbitration Status hearing on June 26, 2024 at 8:30am

            Moving Party to give notice.

Dated:   August 17, 2023                                ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org