Judge: Nathan R. Scott, Case: Figueroa v. Ghorbanian Professional Dental Corp., Date: 2022-09-16 Tentative Ruling

Defendants Ghorbanian Professional Dental Corporation, AAVA Dental, Abraham Ghorbanian, and Garima Mehrotra’s motion to compel arbitration is denied.

Defendants fails to show a written arbitration agreement exists that covers plaintiff’s claims.  (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements and burden].)

Specifically, defendants failed to authenticate the Collective Bargaining Agreement or Mutual Agreement to Arbitrate Claims.

Plaintiff’s objections to the Mazarei declaration are overruled as to #1 and sustained as to #2-5.

Plaintiff’s objection to defendant’s reply evidence is sustained.  (See Valentine v. Plum Healthcare Group, LLC (2019) 37 Cal.App.5th 1076, 1089.)

Defendant shall give notice.