Judge: Loren G. Freestone, Case: 37-2023-00046879-CU-BT-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2023-00046879-CU-BT-CTL MOM CA INVESTCO LLC VS WFG NATIONAL TITLE INSURANCE COMPANY CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendant Mohammad Honarkar's unopposed motion to compel Plaintiffs MOM CA Investco LLC ('MOM CA'), MOM CA Investor Group LLC ('MOM Member'), and MOM CA Manager LLC ('MOM Manager') (collectively the 'MOM Entities') to arbitration is GRANTED.

'The party seeking to compel arbitration has the burden of proving the existence of an enforceable arbitration agreement by a preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance any fact necessary to its defense.' (Baker v. Italian Maple Holdings LLC (2017) 13 Cal.App.5th 1152, 1157.) 'With respect to the moving party's burden to provide evidence of the existence of an agreement to arbitrate, it is generally sufficient for that party to present a copy of the contract to the court.' (Baker, supra, 13 Cal.App.5th at p. 1160.) 'Once such a document is presented to the court, the burden shifts to the party opposing the motion to compel, who may present any challenges to the enforcement of the agreement and evidence in support of those challenges.' (Ibid.) Here, the relevant agreements are attached to the complaint. Honarkar, MOM Member, and MOM Manager are parties to an 'Operating Agreement of MOM CA Investco LLC' (the 'OA'). Honarkar and MOM CA are also parties to an 'Asset Contribution Agreement' (the 'ACA'). The OA and the ACA both contain an arbitration provision requiring that 'Any dispute, controversy or claim arising out of or relating to this Agreement' be arbitrated with JAMS. It is unnecessary to decide whether the two causes of action alleged against Honarkar arise out of/relate to the OA or ACA because JAMS Rule 11 delegates that issue to the arbitrator. (See JAMS Comprehensive Arbitration Rules & Procedures, Rule 11(b), eff.

June 1, 2021; Greenspan v. LADT, LLC (2010) 185 Cal.App.4th 1413, 1442 ['when parties explicitly incorporate rules that empower an arbitrator to decide issues of arbitrability, the incorporation serves as clear and unmistakable evidence of the parties' intent to delegate such issues to an arbitrator'].) The burden therefore shifts to the MOM Entities to raise a defense. The MOM Entities did not file an opposition. As such, they necessarily failed to meet their burden and concede the merits of the motion.

(Super. Ct. San Diego County, Local Rules, rule 2.1.19.B.) Accordingly, the motion to compel arbitration is granted. The parties are directed to arbitrate with JAMS in accordance with the terms of their agreements. The case is stayed pending arbitration.

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3067340  47 CASE NUMBER: CASE TITLE:  MOM CA INVESTCO LLC VS WFG NATIONAL TITLE INSURANCE  37-2023-00046879-CU-BT-CTL The court sets a status conference for November 15, 2024 at 10:00am.

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3067340  47