Judge: Melvin D. Sandvig, Case: 24CHCV02502, Date: 2025-05-23 Tentative Ruling

Case Number: 24CHCV02502    Hearing Date: May 23, 2025    Dept: F47

Dept. F47

Date: 5/23/25

Case #24CHCV02502

MOTION TO COMPEL ARBITRATION

Motion filed on 12/23/24.

MOVING PARTY: Defendant Maplebear, Inc. dba Instacart

RESPONDING PARTY: Plaintiffs Jennifer Constantine and John Gordon

RELIEF REQUESTED: An order staying this action until the completion of arbitration and compelling this matter to binding arbitration. 

RULING: The motion is placed off calendar.

On 7/10/24, Plaintiffs Jennifer Constantine and John Gordon (Plaintiffs) filed this action against Defendant Maplebear, Inc. dba Instacart (Defendant) and others alleging causes of action for: (1) Negligence, (2) Negligent Supervision, (3) Intentional Infliction of Emotional Distress, (4) Negligent Infliction of Emotional Distress, (5) Assault and Battery, (6) Intentional Misrepresentation, (7) Negligent Misrepresentation and (8) Loss of Consortium. 

On 12/23/24, Defendant filed the instant motion seeking an order staying this action until the completion of arbitration and compelling this matter to binding arbitration.  The proofs of service attached to the motion papers indicate that they were served on 12/23/24 by email on Plaintiffs’ counsel at the following email address: russellbehjatania@yahoo.com (emphasis added).  Plaintiffs’ counsel’s email address as indicated in eCourt and on documents filed by Plaintiffs’ counsel is: russellbehjatnia@yahoo.com. 

No opposition or other response to the motion has been filed by Plaintiffs.  Although the Notice of Non-Opposition filed on 5/16/25 was served on Plaintiffs’ counsel’s correct email address, there is still no evidence that Plaintiffs’ counsel had proper notice and/or received the motion papers. 

Based on the foregoing, the hearing on the motion is placed off calendar.