Judge: Loren G. Freestone, Case: 37-2023-00032494-CU-PT-CTL, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 18, 2024

01/19/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Petitions - Other Motion Hearing (Civil) 37-2023-00032494-CU-PT-CTL CHAVIS VS SUNPOWER CORPORATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Petitioner Tina Chavis' motion to compel Respondent SunPower Corporation to arbitration is DENIED AS MOOT.

Chavis' request for attorney fees is DENIED.

The Petition to Compel A petition to compel arbitration cannot be granted unless 'a party to the agreement refuses to arbitrate.' (Code Civ. Proc., § 1281.2.) Such refusal 'is what requires and justifies the intervention of the court to order arbitration under the agreement.' (See Mansouri v. Superior Court (2010) 181 Cal.App.4th 633, 641.) Here, SunPower agrees to arbitrate and has already remedied the procedural impediment by registering its arbitration clause with the AAA. As such, the petition to compel arbitration is denied as moot.

Attorney Fees 'The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) or section 1281.98.' (Code Civ. Proc., § 1281.99, subd. (a).) Section 1281.97, subdivision (a)(1) states that in a consumer arbitration that requires 'the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date the drafting party is in material breach of the arbitration agreement.' Section 1281.98, subdivision (a)(1) similarly states that in a consumer arbitration that requires 'the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement.' Payment does not because due until receipt of an invoice. (See Code Civ. Proc., §§ 1281.97, subd.

(a)(2), 1281.98, subd. (a)(2); Espinoza v. Superior Court (2022) 83 Cal.App.5th 761, 774.) Calendar No.: Event ID:  TENTATIVE RULINGS

3004045  41 CASE NUMBER: CASE TITLE:  CHAVIS VS SUNPOWER CORPORATION [IMAGED]  37-2023-00032494-CU-PT-CTL Here, AAA never sent an invoice to SunPower. As such, payment never became due and SunPower did not breach either section 1281.97(a) or section 1281.98(a).

Chavis argues that SunPower beached the arbitration agreement because its arbitration clause was not registered with AAA, which caused AAA to decline to arbitrate the dispute. But even assuming the failure to register the clause constituted a breach, that is not the type of breach that gives rise to sanctions under section 1281.99.

SunPower did not fail to pay an invoice within 30 days of its due date. As such, the request for attorney fees is denied.

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3004045  41