Judge Lee W. Tsao, Case Number: 23NWCV01980, Date: 2024-04-24 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV01980, Date: 2024-04-24 Tentative Ruling

Case Number: 23NWCV01980 Hearing Date: April 24, 2024 Dept: C

GALLEGOS v. KAISER FOUNDATION HOSPITALS, ET AL.

CASE NO.: 23NWCV01980

HEARING: 4/24/24 @ 9:30 A.M.

TENTATIVE RULING

Defendant Kaiser Foundation Hospitals’ motion to compel arbitration is GRANTED.

Moving Party to give NOTICE.

The motion is unopposed as of April 19, 2024.

This is a slip-and-fall case. On May 31, 2023, Plaintiff Richard Gallegos allegedly slipped and fell inside Kaiser Permanente Downey Medical Center. He sues Kaiser Foundation Hospitals dba Kaiser Permanente Downey Medical Center, James Branchick, and DOES 1 through 50 inclusive. Defendant Kaiser Foundation Hospitals moves to compel arbitration based on the Senior Advantage Medicare Medi-Cal Plan South, under which Gallegos was enrolled as a Kaiser Medicare Senior Advantage member. Defendant also requests a stay of the action pending arbitration.

Discussion

Parties may be compelled to arbitrate a dispute upon the court finding the following: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties’ dispute.¿(Code Civ. Proc., § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.)

A party petitioning to compel arbitration has the burden of establishing the existence of a valid agreement to arbitrate and the party opposing the petition has the burden of proving, by a preponderance of the evidence, any fact necessary to its defense. (Banner Entertainment, Inc. v. Super. Ct.¿(1998) 62 Cal.App.4th 348, 356-57.)

The initial burden of proving the existence of an arbitration agreement is on Defendant, and Defendant can do this by attaching a copy of the arbitration agreement purporting to bear the respondent’s signature. (See Bannister v. Marinidence Opco, LLC (2021) 64 Cal.App.5th 541, 541-543.) Alternatively, the moving party can set forth the agreement’s provisions in the motion. (See Cal. Rules of Court, rule 3.1330; see also Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.)

Here, Defendant has stated the agreement’s terms. (Mot, pgs. 3-5.) Defendant has also submitted evidence to support that Plaintiff was enrolled in the plan at the time of injury. (Decl. Covarrubio, ¶ 4, Ex. B, C; Decl. Garcia, ¶ 5; Decl. Armas, ¶ 5.) The Court finds that Defendant met its burden.

¿“If the moving party meets its initial prima facie burden and the opposing party disputes the agreement, then in the second step, the opposing party bears the burden of producing evidence to challenge the authenticity of the agreement.” (Gamboa v. Northeast Community Clinic¿(2021) 72 Cal.App.5th 158, 165.)

The motion is unopposed. Thus, the Court grants the motion to compel arbitration.

If a court has ordered arbitration of a controversy which is pending before a court, upon motion of a party to such action or proceeding, the court shall stay the action or proceeding until an arbitration occurs in accordance with the order to arbitrate or until such earlier time as the court specifies. (Code Civ. Proc., § 1281.4.)

The action is stayed pending the arbitration.