Judge: Matthew C. Braner, Case: 37-2023-00003948-CU-PO-CTL, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - January 04, 2024

01/05/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00003948-CU-PO-CTL SCHANTZ VS AIRBNB INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Airbnb, Inc.'s motion to compel arbitration is GRANTED.

As of January 4, 2024, Plaintiff Robert Schantz has not filed an opposition to Defendant's motion.

Pursuant to this court's local rules, this failure to respond will be regarded as a concession that Defendant's motion has merit. (See San Diego Superior Court Local Rule 2.1.19, subd. (B).) Under 'both federal and state law, the threshold question presented by a petition to compel arbitration is whether there is an agreement to arbitrate.' (Long v. Provide Commerce, Inc. (2016) 245 Cal.App.4th 855, 861 (citation omitted).) 'The petitioner bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.' (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842.) Here, Defendant seeks to enforce the arbitration provision contained in its Terms of Service, which requires that 'any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Airbnb Platform, Host Services, or any Content (collectively, 'Dispute') will be settled by binding individual arbitration.' (ROA #29, Am. Brockman Dec., Ex. E, § 23.4.) Defendant presents evidence that in order for Plaintiff to rent the real property from which his premises liability and negligence claims arose, he had to create an account, and in doing so, he agreed to Defendant's Terms of Service. (ROA #29, Am.

Brockman Dec., ¶¶ 7-10.) According to Katherine Brockman (a Legal Investigations Associate employed by Defendant and familiar with Defendant's platform), Plaintiff created his account and first agreed to the Terms of Service on April 6, 2015, and agreed to several updated Terms of Service after creating his account. (ROA #29, Am. Brockman Dec., ¶¶ 11-16.) Defendant's evidence is sufficient for it to meet its burden to show the existence of an agreement to arbitrate Plaintiff's claims. With the burden shifted, Plaintiff has failed to present evidence that would raise a defense to arbitration of his claims. Accordingly, Defendant's motion is granted.

Plaintiff Robert Schantz and Defendant Airbnb, Inc. are ordered to arbitration and this litigation is STAYED pending completion of arbitration.

The court will vacate the Civil Case Management Conference and set a status conference for July 7, 2024, at 10:30 a.m. in this department.

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3054663  7 CASE NUMBER: CASE TITLE:  SCHANTZ VS AIRBNB INC [IMAGED]  37-2023-00003948-CU-PO-CTL The minute order is the order of the court.

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3054663  7