Judge: Jon R. Takasugi, Case: 24STCV09832, Date: 2024-09-04 Tentative Ruling

Case Number: 24STCV09832    Hearing Date: September 4, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s motion to compel arbitration is GRANTED.

            On 4/19/2024, Plaintiff Dershay Woods-Boler (Plaintiff) filed suit against West Gardena Care Center, LLC dba West Gardena Post Actute, Kenneth Lehmann, Daniel Rivera, and Maria Bernardo, alleging: (1) disability discrimination; (2) failure to accommodate; (3) failure to engage in interactive process; (4) retaliation; (5) violation of the California Family Rights Act (CFRA); (6) retaliation in violation of CFRA; (7) failure to prevent; (8) violation of Labor Code section 1102.5; (9) violation of Labor Code section 232.5; (10) violation of Labor Code section 98.6; (11) violation of Business and Professions Code section 17200; and (12) constructive wrongful termination.

            Now, Defendant West Gardena Care Center, LLC dba West Gardena Post Actute (Defendant) moves to compel Plaintiff to arbitrate this action, and stay proceedings.

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

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, Defendant submitted evidence that in her application for her job at West Gardena Care Center, Plaintiff agreed that if she was hired, “any and all disputes regarding [her] employment with [West Gardena Care Center] including any dispute relating to the termination of [her] employment, are subject to the Alternative Dispute Resolution process, which includes final and binding arbitration.” (Bravo Dec., Ex. B.)

Defendant also submitted evidence that thereafter, in May 2021, Defendant presented Plaintiff with a free-standing document entitled “Alternative Dispute Resolution Policy and Agreement Acknowledgment” (the Arbitration Agreement). (Bravo Dec. ¶ 9, and Dec., Exh. A.) Plaintiff reviewed and signed the Arbitration Agreement. (Id.) It was then counter-signed on behalf of West Gardena Care Center. (Id.)

      The Agreement applies any “employment disputes” that might thereafter arise between her and West Gardena Care Center or any of its “employees or officers.” (Bravo Dec., Exh. A at 4.) The Agreement also covers (a) alleged violations of state, federal and/or local constitutions, statutes, or regulations, including but not limited to those related to discrimination or harassment based on disability; (c) claims based on any purported breach of contractual obligations, and (d) claims based on any purported breach of duty arising in tort, including violations of public policy. (Id.)

Given that Defendant 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 Plaintiff 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).)

II.               Plaintiff’s Burden 

The party opposing arbitration bears the burden of proving, by a preponderance of the evidence any defense, such as unconscionability or duress. (Pinnacle, supra, 55 Cal.4th at p. 236.)

Plaintiff filed a non-opposition to Defendant’s motion to compel arbitration.

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

It is so ordered.

Dated:  September    , 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.