Judge: Marcella O. Mclaughlin, Case: 37-2023-00044549-CU-OE-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 14, 2024

03/15/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2023-00044549-CU-OE-CTL RODELES VS EVANS HOTELS LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/22/2023

The unopposed motion to compel arbitration and stay action 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.

In this case, defendant has established the existence of an agreement between the parties to 'resolve all claims, controversies, or other disputes between them by binding arbitration.' (Belef Decl., Ex. 1.) The burden shifts to plaintiff to prove any defenses to the arbitration agreement's enforcement. Plaintiff has not opposed the motion, and thus has failed to meet his burden.

Accordingly, plaintiff is ordered to arbitrate his claims against defendant as he agreed to do when he was hired. Code Civ. Proc. § 1281.2. The case is hereby stayed while the arbitration is conducted.

Code Civ. Proc. § 1281.4. The CMC set for today (ROA 15-16) is vacated. An arbitration status conference will be held on March 14, 2025 at 10:00 a.m. in Dept. 72.

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