Judge: Marcella O. Mclaughlin, Case: 37-2023-00023772-CU-WT-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2023-00023772-CU-WT-CTL CRAWFORD VS BRIDGE HOME HEALTH CENTRAL COAST LLC A SUBSIDIARY OF BRIDGE GROUP HH INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/01/2023

The motion to compel 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. If the court finds that an agreement to arbitrate the controversy exists, it must grant the petition to compel arbitration unless (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues; or (4) the petitioner is a state or federally chartered depository institution. Code Civ. Proc. § 1281.2.

A. Defendants have established – and plaintiff does not dispute – the existence of an agreement to arbitrate between the parties. (See Goodwin Decl., Ex. A.) The burden therefore shifts to plaintiff to prove any defenses to the arbitration agreement's enforcement. See Baker, 13 Cal.App.5th at 1157.

B. The California Supreme Court has identified several factors that are properly considered in assessing waiver claims, including (1) whether the party has taken actions inconsistent with the right to arbitrate; (2) whether the litigation machinery was substantially invoked and whether the parties were well into preparation of a lawsuit before the party notified the opposing party of an intent to arbitrate; (3) whether a party requested arbitration close to the date of trial or unreasonably delayed seeking arbitration; (4) whether a defendant seeking arbitration filed a counterclaim without demanding arbitration; (5) whether important intervening steps took place before the party demanded arbitration (e.g., the party took advantage of discovery procedures not available in arbitration); and (6) whether the party delayed the demand for arbitration in a way that affected, misled, or prejudiced the opposing party.

St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1196. 'There is a presumption against waiver, and the party seeking to demonstrate waiver bears a heavy burden of proof.' Cinel v. Barna (2012) 206 Cal.App.4th 1383, 1389.

In this case, plaintiff argues that defendants waived their right to arbitrate by failing to respond to her counsel's prelitigation demand for arbitration. The court disagrees. Plaintiff has not cited any authority holding that such conduct constitutes a waiver of the right to arbitrate. Moreover, even if defendants' failure to respond could be construed as an action inconsistent with the right to arbitrate, none of the other St. Agnes factors support a finding of waiver. The case is less than five months old. Defendants have not filed a cross-complaint, engaged in discovery, or otherwise invoked the 'litigation machinery.' To the extent plaintiff claims she has been deprived of the benefits and efficiencies of arbitration, that is Calendar No.: Event ID:  TENTATIVE RULINGS

3037922  50 CASE NUMBER: CASE TITLE:  CRAWFORD VS BRIDGE HOME HEALTH CENTRAL COAST LLC A  37-2023-00023772-CU-WT-CTL of her own doing. Nothing prevented plaintiff from initiating an arbitration proceeding when defendants did not respond to her demand. In sum, plaintiff has failed to meet her 'heavy burden' of establishing waiver.

C. Plaintiff has also failed to establish that Code of Civil Procedure section 1281.97 provides a basis to deny the motion. '[S]ection 1281.97... statutorily defines a material breach as a matter of law to be the failure to pay anything less than the full amount due by the expiration of the statutory grace period[.]' Gallo v. Wood Ranch USA, Inc. (2022) 81 Cal.App.5th 621, 644. Here, there is no evidence that an arbitration has been initiated, an invoice has been issued, or defendants have failed to timely pay it.

D. Accordingly, the motion is granted. Plaintiff is ordered to arbitrate her claims against defendants.

The case is hereby stayed while the arbitration is conducted. Code Civ. Proc. 1281.4. An arbitration status conference will be held on November 1, 2024 at 10:00 a.m. in Department 72.

E. In issuing this ruling, the court has not considered the unpublished Court of Appeal opinion cited on pages 8 and 10 of the opposition brief. This is improper. CRC 8.1115(a). Plaintiff's counsel is admonished to refrain from engaging in similar conduct in the future.

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