Judge: Layne H. Melzer, Case: 2022-01295966, Date: 2023-05-18 Tentative Ruling

Petitioner Krysten Dornik, Athena Karsant

Motion to Compel Arbitration

The Petition for Order Compelling Arbitration is continued to 07/20/23 at 2:00 PM in Department C12.

Respondents have proffered evidence that Petitioner Karsant entered an “Assignment of a Claim For Damages” regarding the subject claims, whereby Petitioner Karsant assigned her rights thereunder to non-party, Jeff Dornik, and Petitioner Krysten Dornik. It is Petitioners’ burden to prove the existence of a valid agreement to arbitrate. (Lacayo v. Catalina Restaurant Group Inc. (2019) 38 Cal.App.5th 244, 257, citing AT&T Mobility LLC. v. Concepcion (2011) 563 U.S. 333, 344, 131 S.Ct. 1740.) Although it is possible that either Petitioner Karsant or Petitioner Dornik has the right to compel arbitration under the Residential Purchase Agreement and Joint Escrow Instructions, Petitioners have not filed a reply and have not indicated which person asserts that right under the agreement, and under what theory the other petitioner may be able to assert a right to compel arbitration.

Petitioners shall file and serve a supplemental brief, not to exceed 5 pages, addressing this issue by 06/23/23. Respondents may file and serve a supplemental opposition, not to exceed 5 pages, by 07/07/23. If Petitioners do not file a supplemental brief, the Court will be inclined to deny the petition, without prejudice, for failure to meet their burden of proving the existence of a valid agreement to arbitrate.

The Clerk shall give notice of the ruling.