Judge: Michael Shultz, Case: 23CMCV00303, Date: 2024-02-27 Tentative Ruling
Case Number: 23CMCV00303 Hearing Date: February 27, 2024 Dept: A
[TENTATIVE] ORDER TAKING
THE HEARING OFF CALENDAR ON MOTION TO COMPEL ARBITRATION BY DEFENDANT, UBER
TECHNOLOGIES, INC.
The
complaint alleges that Plaintiff was a passenger in a vehicle driven by
Defendant, Arthur McDonald (“McDonald”), who was employed by Uber Technologies,
Inc. (“Uber”). Plaintiff allegedly suffered injury in a motor vehicle accident.
Defendant
Uber moves to compel Plaintiff to arbitrate this dispute since Plaintiff
expressly agreed to submit any dispute to arbitration when Plaintiff registered
for an Uber account and agreed to its terms of use. The court should stay the
matter until completion of arbitration.
Defendant
timely served the motion on Plaintiff on January 30, 2024, but served only
Plaintiff’s counsel. Co-Defendant McDonald filed an answer on October 25, 2023,
and is represented by Hinshaw & Culbertson in San Francisco. The proof of
service does not indicate that McDonald's counsel was served with the motion.
Accordingly,
the motion is taken off calendar.