Judge: Mark H. Epstein, Case: 24SMCV04571, Date: 2025-04-21 Tentative Ruling

Case Number: 24SMCV04571    Hearing Date: April 21, 2025    Dept: I

This is a motion to compel arbitration.  The court will GRANT the motion and STAY the action as to the moving parties. 

Plaintiff filed a legal malpractice action against various defendants.  Defendants seek to compel arbitration pursuant to the retainer agreement.  There is no opposition.

The moving party has the initial duty of proving that a valid arbitration agreement exists.  Defendants argue that there are at least three valid arbitration agreements.  The three agreements all have similar provisions stating that “all disputes arising out of, in connection with, or in relations to the interpretation, performance, or breach of this Agreement” will be arbitrated.  The dispute at issue falls within that language.  Defendants note that plaintiff was aware of these provisions because plaintiff had earlier sent a letter to one of the defendants invoking that provision.  (Defendant claims that he agreed and began to set up the process, but plaintiff chose to litigate.)  The arbitration agreements therefore cover this case.  The motion is therefore GRANTED.  And the case is also STAYED as to the moving parties to allow the arbitration to go forward.