Judge: Matthew C. Braner, Case: 37-2023-00040815-CU-PO-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 30, 2024

05/31/2024  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) 37-2023-00040815-CU-PO-CTL BRYANT VS WESTWOOD APARTMENTS SD LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Westwood Apartments SD LLC and Irvine Management Company's motion to compel arbitration is GRANTED.

Plaintiff Kassandra Bryant did not file an opposition. Pursuant to this court's local rules, the court will deem this failure to respond a concession the motion has merit. (San Diego Local Rule 2.1.19.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, Defendants present evidence that Plaintiff entered into consecutive lease agreements on November 25, 2020, December 31, 2021, and December 19, 2022, all of which contain an addendum titled 'Addendum for Arbitration of Disputes and Class Action Waiver.' (Torres Dec., ¶¶ 5, Exs. A-C.) The arbitration addendum specifies that '[a]ny dispute, claim or controversy arising out of or relating to this Lease or your tenancy with Landlord, including the breach, termination, enforcement, interpretation or validity thereof, and including the determination of the scope or applicability of this provision to arbitrate ('Claim' or 'Claims') shall be determined by binding arbitration in the County in which the subject Premises is located, before one neutral arbitrator.' All three lease agreements were signed by Plaintiff, and the arbitration addendums were initialed by Plaintiff. Thus, this evidence is sufficient for Defendants to meet their burden to show the existence of an agreement to arbitrate Plaintiff's claims. Plaintiff failed to present evidence that would raise a defense to arbitration of his claims. Accordingly, Defendants' motion is granted.

Plaintiff Kassandra Bryant and Defendants Westwood Apartments SD LLC and Irvine Management Company 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 December 6, 2024, at 10:30 a.m. in this department.

The minute order is the order of the court.

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