Judge: John C. Gastelum, Case: 22-01259988, Date: 2022-11-29 Tentative Ruling

(1) Joinder (2) Motion to Compel Arbitration (3) CMC

Tentative Ruling: (1-2) Specially appearing Defendant Reservation Software, LLC’s (“RSL”) Motion to Compel Arbitration is GRANTED.

There was an enforceable and binding arbitration agreement between the parties.  (9 U.S.C. §2.)  Plaintiff has not established a defense to the arbitration clause such that it is unenforceable.  The terms of the arbitration agreement appear reasonably fair to the parties and do not benefit one party over another.  The arbitration clause mandates that the parties agree upon one neutral arbitrator.  The arbitration clause is not hidden in the Agreement such that it constitutes a surprise and Plaintiff was presented with the Agreement approximately six days before signing the Agreement, giving him time to review and negotiate the terms of the Agreement.  With his approximately $100,000 investment, Plaintiff entered the Agreement as a business venture and the other investing Members were roughly equal parties.  As such, the defense of unconscionability does not apply.

“[A]ny reasonable doubt as to whether a claim falls within the arbitration clause is to be resolved in favor of arbitration.”  (Victrola 89, LLC v. Jaman Properties 8 LLC (2020) 46 Cal.App.5th 337, 356.)

Specially appearing Defendants Rubberstick, LLC, a Delaware limited liability company; Sean Miller; an individual; Donald Gore, an individual; Eric Bache, as an individual and as Trustee of the Bache Family Trust; and Elizabeth Cavanaugh, an individual move to join the Motion to Compel Arbitration.  The Motion to Join the Motion to Compel is GRANTED.  Plaintiff did not oppose the Motion to Join and joinder is appropriate under the circumstances given the parties’ similar interest in the litigation and arbitration.

This action is STAYED pending arbitration.

Moving party to give notice.