Judge: Nick A. Dourbetas, Case: 2021-01238329, Date: 2022-08-12 Tentative Ruling

1. Motion to Compel Arbitration

2. Case Management Conference

Defendants Pacifica Newport Mesa, LLC’s and Pacifica Companies, LLC’s Motion to Compel Plaintiff to Submit Claims to Binding Arbitration is GRANTED.  (See Code Civ. Proc. § 1281.2.)

Defendants met their initial burden to show the existence of an arbitration agreement, plaintiff’s refusal to submit to arbitration, and proof that the arbitration agreement covers the dispute at issue. (See Mansouri v. Superior Court (2010) 181 Cal.App.4th 633.)    

Plaintiff failed to meet his evidentiary and legal burden to show that the arbitration agreement was unconscionable, or otherwise unenforceable.   While plaintiff presented some evidence of procedural unconscionability, he failed to present any evidence establishing substantive unconscionability.

Plaintiff shall submit his claims against defendants to binding arbitration pursuant to their Arbitration Agreement.

As the Arbitration Agreement does not identify a specific arbitrator, the parties can reach an agreement as to which “third party independent arbitration provider” to use. The arbitration is to be conducted per AAA Employment Arbitration Rules, and defendants are ordered to pay all costs of arbitration as agreed in their motion.

Plaintiff’s evidentiary objections are overruled.

The court rules as follows on defendant’s evidentiary objections:

Declaration of David Lopez

1.       Sustained, lack of foundation, lack of personal knowledge.

2.       Sustained, See CRC 3.1110(g)

This action is stayed pending completion of arbitration.  (See Code Civ. Proc., § 1281.4.)   

 The court sets a status conference re: binding arbitration for March 6, 2023 at 9:00 am in Dept. C14. 

 Defendants are ordered to give notice.