Judge: Loren G. Freestone, Case: 37-2023-00048970-CU-OE-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00048970-CU-OE-CTL BELDON VS GENEX SERVICES LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendant Genex Services LLC's unopposed motion to compel Plaintiff Courtney Beldon 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, Genex presented a copy of a 'Mutual Arbitration Agreement' requiring arbitration of 'any and all existing or future disputes between Employee and the Company . . . that arise out of or relate to Employee's recruitment, employment or separation from employment with the Company . . . whether the disputes or claims arise under common law, or in tort, contract, or pursuant to a statute,' including 'claims for wrongful termination of employment,' as well as 'claims under any and all federal, state, or municipal statutes, regulations, or ordinances, including but not limited to laws that prohibit discrimination, harassment, or retaliation in employment.' The above-referenced arbitration agreement was an update to a preexisting agreement and was emailed to all California employees on July 1, 2022. Employees were informed that 'by remaining employed and accepting the benefits of employment for more than 30 days after receipt of this mutual arbitration agreement, [they were] agreeing to all of its terms.' Similar language also appeared at the top of the arbitration agreement. Beldon remained employed for the ensuing 30 days without objection.

(See Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 130 ['when an employee continues his or her employment after notification that an agreement to arbitration is a condition of continued employment, that employee has impliedly consented to the arbitration agreement'].) This is a sufficient prima facie showing of the existence of an agreement to arbitrate the instant dispute.

The burden therefore shifts to Beldon to raise a defense.

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3073228  58 CASE NUMBER: CASE TITLE:  BELDON VS GENEX SERVICES LLC [IMAGED]  37-2023-00048970-CU-OE-CTL Beldon did not file an opposition. As such, she necessarily failed to meet her burden and concedes 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 in accordance with the terms of the mutual arbitration agreement. The case is stayed pending arbitration.

The court sets a status conference for October 18, 2024 at 10:00am.

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