Judge: Lisa R. Jaskol, Case: 22STCV26230, Date: 2024-06-04 Tentative Ruling

Case Number: 22STCV26230    Hearing Date: June 4, 2024    Dept: 28

Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On August 12, 2022, Plaintiff Yamil Pena (“Plaintiff”) filed this action against Defendants Nooh Nabwaaga, Lyft, Inc. (“Lyft”), and Does 1-20 for motor vehicle tort and general negligence. 

On December 29, 2022, Plaintiff amended the complaint to include Defendant Marilyn Cuautle as Doe 1. 

On March 18, 2024, Lyft filed an answer. 

On April 18, 2024, Lyft filed a motion to compel arbitration to be heard on June 4, 2024.  No opposition has been filed. 

No trial date is currently scheduled. 

PARTY’S REQUEST 

Lyft asks the Court to compel arbitration of Plaintiff’s action. 

LEGAL STANDARD 

“A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable, and irrevocable, save upon such grounds as exist for the rescission of any contract.”  (Code Civ. Proc., § 1281.) 

Code of Civil Procedure section 1281.2 provides in 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." 

(Code Civ. Proc., § 1281.2, subds. (a), (b).) 

“Arbitration is a favored procedure. An ‘ “ ‘arbitration should be upheld unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute.’ ” ’ ” (Salgado v. Carrows Restaurants, Inc. (2019) 33 Cal.App.5th 356, 360, quoting Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 397.) “Doubts about the applicability of the arbitration clause to the dispute should be resolved ‘in favor of sending the parties to arbitration.’ ” (Ibid., quoting Cione v. Foresters Equity Services, Inc. (1997) 58 Cal.App.4th 625, 642.)  

DISCUSSION         

On March 29, 2019, Plaintiff created a user account through the Lyft app. As part of the registration process, Plaintiff accepted Lyft’s Terms of Service, dated February 2, 2018.  Plaintiff has affirmatively accepted Lyft’s Terms of Service on three separate occasions, two before the incident at issue and another after filing the complaint. 

Each time Plaintiff accepted the new terms of service, Plaintiff received a pop-up on the Lyft application directing Plaintiff to scroll through. At the bottom of the screen, Plaintiff received an “I AGREE” button, which Plaintiff was required to accept to use the app. These terms of service stated that the arbitration provisions apply to any past, present, or future dispute, and “appl[y] to all claims between [Plaintiff] and Lyft . . . arising out of or relating to . . . the Lyft Platform” except as otherwise expressly indicated. (Ex. 4) None of the limitations apply here. Plaintiff accepted the terms and continued to use the Lyft app. 

Plaintiff alleges she was a passenger inside a motor vehicle driven by a Lyft employee and was injured when the driver failed to stop and rear-ended another vehicle. 

Plaintiff filed her lawsuit after she agreed to the Terms of Use.  Plaintiff has refused to submit to arbitration despite Lyft’s attempt to meet and confer. 

The Court grants the motion. 

CONCLUSION 

The Court GRANTS Defendant Lyft, Inc.’s motion to compel arbitration.  The Court orders Plaintiff Yamil Pena to arbitrate her claim against Defendant Lyft, Inc.  The Court stays Plaintiff Yamil Pena’s claims against Defendant Lyft, Inc. pending the outcome of arbitration. 

Moving party is ordered to give notice of this ruling. 

Moving party is ordered to file the proof of service of this ruling with the Court within five days.