Judge: Jon R. Takasugi, Case: 23STCV05801, Date: 2023-07-11 Tentative Ruling

Case Number: 23STCV05801    Hearing Date: July 11, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Plaintiff’s motion to compel arbitration is GRANTED.

On 3/15/2023, Plaintiff Thomas De Salles (Plaintiff) filed suit against Roman James Design Build, Inc, alleging breach of contract.

            Now, Plaintiff moves to compel arbitration of his Complaint, and stay proceedings.

            The motion is unopposed.

Discussion

            Plaintiff argues that his Complaint is subject to a binding arbitration agreement.

The party moving to compel arbitration “bears the burden of proving [the] existence [of an arbitration agreement] by a preponderance of the evidence.” (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.) The moving party also bears the burden of demonstrating that the claims fall within the scope of the arbitration agreement. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.)

            Here, Plaintiff submitted evidence that he, a homeowner, entered into a construction contract with Defendant, a general contractor. The construction contract, drafted by Defendant, provided:

Any controversy between the parties hereto involving the construction or application of any terms, covenants or conditions of this Agreement, or any claims arising out of or relating to this Agreement, or the breach hereof, will be submitted to and settled by final and binding arbitration in Los Angeles County, California, conducted before a single arbitrator who shall be a former federal judge, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

            (Salles Decl., Exh. 1.)

            Plaintiff’s claim is for breach of contract, and thus expressly falls within the scope of the agreement. (Ibid.; See also Complaint.) 

Given that Plaintiff has established by a preponderance of the evidence that an arbitration agreement exists, and that Plaintiff’s claims are covered by that agreement, the burden shifts to the Defendant to establish that the arbitration clause should not be enforced. (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236. (Pinnacle).)

            Defendant did not oppose this motion, and thus has not met its burden to establish that the arbitration clause should not be enforced.

            Based on the foregoing, Plaintiff’s motion to compel arbitration is granted. 

It is so ordered.

Dated:  July    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.