Judge: Marcella O. Mclaughlin, Case: 37-2023-00031305-CU-WT-CTL, Date: 2023-12-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 14, 2023

12/15/2023  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) 37-2023-00031305-CU-WT-CTL BRATT VS RIVERA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/14/2023

The motion to compel arbitration is DENIED.

'The party seeking to compel arbitration bears the burden of proving by a preponderance of the evidence an agreement to arbitrate a dispute exists.' Trinity v. Life Ins. Co. of North America (2022) 78 Cal.App.5th 1111, 1120. To meet this burden, the moving party must produce prima facie evidence of a written agreement to arbitrate the controversy. Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165. The moving party can do so by submitting a copy of the arbitration agreement purporting to bear the opposing party's signature or by setting forth the relevant arbitration provisions in the motion. See id.; see also CRC 3.1330 ('The provisions must be stated verbatim or a copy must be physically or electronically attached to the petition and incorporated by reference.').

Here, plaintiff did not attach any arbitration agreement bearing defendants' signatures to the moving papers. Nor did he set forth the terms of the alleged arbitration provision. Accordingly, plaintiff has failed to meet his initial burden of producing prima facie evidence of a written agreement to arbitrate the parties' controversy. See Gamboa, 72 Cal.App.5th at 165; see also Larian v. Larian (2004) 123 Cal.App.4th 751, 759 ('[T]he right to compel arbitration depends upon the existence of a valid agreement to arbitrate between the parties.').

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