Judge: Nick A. Dourbetas, Case: 2022-01248539, Date: 2022-09-16 Tentative Ruling

1. Motion to Compel Arbitration

2. Case Management Conference

Defendant’s motion to compel arbitration is GRANTED.  Plaintiff’s complaint alleges that defendant breached the Settlement Agreement by conduct occurring following execution of the same. This argument is unaccompanied by any supporting evidence. Additionally, the face of the Settlement Agreement encompasses this exact sort of claim (e.g. “…arising out of or relating to this Agreement or breach thereof…”) and that such claims shall be resolved by binding arbitration.

Plaintiff’s argument that his consent to the Settlement Agreement was procured by fraud or duress is not supported by any evidence.

Finally, plaintiff’s argument that the existence of an equitable relief clause in the Settlement Agreement precludes granting this motion is unsupported by citation to any authority.

Plaintiff and defendant are ordered to submit the claims in the action to binding arbitration pursuant to the terms of the Settlement Agreement executed by the parties. (Compl. Exh. A.)

The court sets a post-arbitration status conference for April 10, 2023, at 9:00 a.m.

The court exercised its discretion and considered plaintiff’s late filed opposition brief. (See Calif. Rules Court, rule 3.1300(d).) The court will be disinclined to do so again as to future untimely filings.

Defendant is ordered to give notice.