Judge: Michael Small, Case: 22STCV40497, Date: 2023-10-13 Tentative Ruling

Case Number: 22STCV40497    Hearing Date: October 13, 2023    Dept: 57

Bootbarn's motion to compel arbitration of Plaintiff Sonya Valenzuela's claims is granted. The evidence submitted by the parties shows that  Valenzuela had actual or constructive knowledge of the instantaneous pop-up "Conditions of Use " of Bootbarn's website that contains  an arbitration agreement covering claims of the sort  that Valenzuela asserts against Bootbarn.     In concluding that Bootbarn's motion should be granted, the Court has taken into account Valenzuela's objections to paragraphs 5 and 6 of, Exhibits B and C to, the declaration of Alicia Baiardo in support of the motion.   The Court need not rule on the objections because the Court did not consider those portions of the declaration in disposing of Bootbarn's motion.