Judge: Jon R. Takasugi, Case: 24STCP03425, Date: 2024-12-31 Tentative Ruling

Case Number: 24STCP03425    Hearing Date: December 31, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Petitioner’s petition to compel arbitration is CONTINUED, to allow for supplemental materials to be submitted regarding the proposed arbitrators.

            On 10/23/2024, Petitioner Meyer, Olson, Lowy, & Meyers LLP (Petitioner) filed a petition to compel Respondent Khalif Edwards (Respondent) to submit to binding arbitration, and for Court appointment of an arbitrator.

             On 10/24/2024, Petitioner moved to compel binding arbitrator and for Court appointment of an arbitrator.

Legal Standard

“Where the Court has determined that an agreement to arbitrate a controversy exists, the Court shall order the petitioner and the respondent to arbitrate the controversy …unless it determines that…  grounds exist for rescission of the agreement.” (Code Civ. Proc., § 1281.2.) Among the grounds which can support rescission are fraud, duress, and unconscionability. (Tiri v. Lucky Chances, Inc. (2014) 226 Cal.App.4th 231, 239.) The Court may also decline to compel arbitration wherein there is possibility of conflicting rulings on a common issue of law or fact. (Code Civ. Proc., § 1281.2 (c).)

Discussion

1.      Defendants’ Burden

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.)

A.    Existing Agreement

Petitioner submitted evidence that Respondent signed a written retainer agreement on 9/19/2022 that provided for binding arbitration in the event of a dispute between the parties. (See Petition, Exh. A, B.)

Here, a dispute has arisen between Petitioner and Respondent, and thus it falls within the scope of the agreement.

Given that Petitioner has established by a preponderance of the evidence that an arbitration agreement exists, and that its claims are covered by that agreement, the burden shifts to the Respondent 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).)

            Respondent did not oppose this motion, and thus has not advanced any basis for not enforcing the agreement.

            This leaves only Petitioner’s request to appoint an arbitrator. Petitioner contends that Respondent has refused to select an Arbitrator and thus proposes that the Court appoint an arbitrator since the method for selection of in the written agreement has failed. Petitioner proposes the appointment of either Hon. Hank Goldberg, Hon. Scott Gordon, Hon. Margo Hoyt, Hon. Thomas Trent Lewis, or Hon. Roy Paul, all of whom it contends have experience in Family Law while sitting on the bench.

            However, Petitioner has not provided any additional information on these proposed arbitrators, such as CVs or background. As such, the Court has no basis to evaluate the appropriate of any of the proposed arbitrators.

            Based on the foregoing, Petitioner’s petition to compel arbitration is continued, to allow for supplemental materials to be submitted regarding the proposed arbitrators.

It is so ordered.

Dated:  December    , 2024

   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.