Judge: Lee W. Tsao, Case: 21NWCV00704, Date: 2024-02-26 Tentative Ruling

Case Number: 21NWCV00704    Hearing Date: February 26, 2024    Dept: C

Daniel Moenaert vs Ethosenergy Field Services, LLC, et al., Case No. 21NWCV00704

Plaintiff files an Ex Parte Application for an order modifying the November 15, 2022 Order Compelling Arbitration.

Plaintiff argues the JAMS arbitrator has applied the JAMS Employment Arbitration Rules and Procedures, which will cause the Plaintiff to pay $7,000.00. Plaintiff contends that the $7,000.00 is contrary to enforceable agreements that require employer to pay the cost of arbitration under  California law.

The Court notes that Plaintiff filed this ex parte under Cal. Rules of Court 5.151(b), however Rule 5.151 applies to family court matters.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. R. Ct. 3.1202(c).)  However, Plaintiff has not filed a motion requesting this court to lift the stay on litigation.  

The JAMS Arbitrator is set to close their file on March 13, 2024, if payment is not received from Plaintiff. The  Plaintiff was aware of JAMS' decision since June of 2023.  The cost of arbitration was known to Plaintiff since at the latest, November 10, 2023.  Yet Plaintiff waited over three months to seek any court intervention.  Plaintiff invites this court to reconsider its order from over a year ago.   

While a trial court has jurisdiction to lift a litigation stay pending arbitration to address Plaintiff's request for relief due to financial inability to pay the anticipated arbitration costs (Aronow v. Superior Court (Emergent, LLC) (2022) 76 Cal.App.5th 865, 885), such is not the case alleged here.  Plaintiff's argument is that the order compelling arbitration should be modified to overrule the arbitrator's decision.  This Court declines to do so.  Moreover, Plaintiff has an opportunity to seek review of JAMS' decision.  

Accordingly, the Court denies the Plaintiff's ex parte application.  

Defendant to give notice.