Judge: Michael Small, Case: 22STCV26122, Date: 2023-12-12 Tentative Ruling

Case Number: 22STCV26122    Hearing Date: December 12, 2023    Dept: 57

The Court is granting Defendant's motion to compel arbitration of Plaintiff's claims.  In the Court's view, the claims plainly fall within the ambit of the parties' arbitration agreement.  Plaintiff's contention that the arbitration agreement is both procedurally and substantively unconscionable fails under applicable precedent that makes clear that the elements of the agreement to which Plaintiff points in its opposition to Defendant's motion do not reflect unconscionability.  Equally unavailing is Plaintiff's contention that Defendant's litigation conduct amounted to a waiver of Defendant's right to compel arbitration.  The record before the Court does not evince any such waiver.

In light of the ruling granting Defendant's motion, proceedings in this Court are stayed pending the outcome of the arbitration.