Judge Richard S. Whitney, Case 37-2022-00030604-CU-OE-CTL 2023-10-20 Tentative Ruling

Judge: Richard S. Whitney, Case: 37-2022-00030604-CU-OE-CTL, Date: 2023-10-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 19, 2023

10/20/2023 10:30:00 AM C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited Other employment Motion Hearing (Civil) 37-2022-00030604-CU-OE-CTL AGUIRRE VS DMSD CAJUN EATS LLC [EFILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT DMSD CAJUN EATS, LLC'S UNOPPOSED MOTION TO COMPEL ARBITRATION OF ALL PLAINTIFF'S CLAIMS AND TO DISMISS is GRANTED, in part.

Defendant DMSD CAJUN EATS, LLC ('Defendant') seek to compel Plaintiff Angelica Aguirre ('Plaintiff') to submit to arbitration. Plaintiff does not oppose the motion.

CCP section 1281.2 provides: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact....

(CCP §1281.2.) The moving party must prove by a preponderance of the evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.) The burden then shifts to the resisting party to prove by a preponderance of the evidence a ground for denial, e.g., unconscionability or waiver. (Id.) Defendant has met its burden to show the existence of an arbitration agreement and that Plaintiff's allegations fall within the scope of the arbitration provision. Plaintiff fails to raise any defenses as to the enforceability of the arbitration agreement. Plaintiff has failed to show, by a preponderance of the evidence, the arbitration agreement is unenforceable. The motion is granted as to compelling arbitration of Plaintiff's individual claims and dismissing the class action claims. However, Defendant also seeks to dismiss Plaintiff's remaining action based on the assertion Plaintiff lacks standing as to non-individual PAGA claims under Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Defendant's argument fails. The California Supreme Court recently held '[w]here a plaintiff has brought a PAGA action comprising individual and non-individual claims, an order compelling arbitration of the individual claims does not strip the plaintiff of standing as an aggrieved employee to litigate claims on behalf of other employees under PAGA.' (Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, 1114.) The motion is denied as to the request to dismiss non-individual claims. The case is hereby stayed pursuant to CCP section 1281.4. A status conference is hereby set for April 26, 2024, at 10:00 am.

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2976245 CASE NUMBER: CASE TITLE: AGUIRRE VS DMSD CAJUN EATS LLC [EFILE] 37-2022-00030604-CU-OE-CTL Calendar No.: Event ID: TENTATIVE RULINGS

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