Judge: Layne H. Melzer, Case: 2022-01282804, Date: 2023-07-20 Tentative Ruling

Petitioner Alton Self Storage, LP

Petition to Compel Arbitration

The court grants Alton Self Storage, LP dba Alton Self Storage’s Petition to compel Respondent Dan Nguyen aka Dan Ngoc Nguyen aka Huu Dan The Nguyen to submit to arbitration.

Relevant Prior Hearings

The court previously continued the hearing on this Petition in order for service to be properly effectuated pursuant to CCP §§ 1290.2 and 1290.4. That has now been accomplished. (ROA  43, 56.)

General Legal Authority

CCP § 1281.2 provides in relevant part:

On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that:

(a) The right to compel arbitration has been waived by the petitioner; or

(b) Grounds exist for rescission of the agreement.

(c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. For purposes of this section, a pending court action or special proceeding includes an action or proceeding initiated by the party refusing to arbitrate after the petition to compel arbitration has been filed, but on or before the date of the hearing on the petition. This subdivision shall not be applicable to an agreement to arbitrate disputes as to the professional negligence of a health care provider made pursuant to Section 1295.

“‘[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable.

Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence. If the party opposing the petition raises a defense to enforcement--either fraud in the execution voiding the agreement, or a statutory defense of waiver or revocation (see § 1281.2, subds. (a), (b))--that party bears the burden of producing evidence of, and proving by a preponderance of the evidence, any fact necessary to the defense.’” (Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 761, quoting Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.)

Merits

Petitioner has met its burden to show that the parties agreed to binding arbitration, provided a copy of the arbitration agreement with the language of the arbitration agreement in the Amended Petition. (Chu Decl., ¶¶ 5 and 7, Exhibit A, Section 36; Amended Petition, ¶ 17.)

Respondent has failed to appear and oppose this motion.

Accordingly, the unopposed petition to compel arbitration is granted. Respondent Dan Nguyen aka Dan Ngoc Nguyen aka Huu Dan The Nguyen is to submit to arbitration pursuant to the terms of the Arbitration Agreement in the March 2018 Rental Agreement.

Petitioner is ordered to serve notice of this Order.