Judge Richard S. Whitney, Case 37-2023-00026845-CU-OE-CTL 2024-03-01 Tentative Ruling

Judge: Richard S. Whitney, Case: 37-2023-00026845-CU-OE-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 28, 2024

03/01/2024 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) 37-2023-00026845-CU-OE-CTL BAUMES VS TB SF PAYROLL & MANAGEMENT LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANTS TB SF PAYROLL & MANAGEMENT, LLC'S, SUGAR FACTORY BRANDS, LLC'S, AND CHARISSA DAVIDOVICI'S UNOPPOSED MOTION TO COMPEL ARBITRATION AND STAY ACTION is GRANTED.

Defendants TB SF Payroll & Management, LLC, Sugar Factory Brands, LLC and Charissa Davidovici ('Defendants') seek to compel Plaintiff Sean D. Baumes' ('Plaintiff') individual claims and to dismiss and/or stay the remaining claims. Failure to file an opposition to the motion indicates Plaintiff's acquiescence that the motion is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) 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 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. (Id.) Defendants have met their burden to demonstrate there is an arbitration agreement that covers the disputes at issue in this action. Plaintiff has not met Plaintiff's burden to demonstrate the arbitration agreement either does not exist or is not enforceable. Plaintiff's individual PAGA claims are arbitrable and the remaining representative PAGA action may be stayed pending the arbitration of Plaintiff's individual PAGA claims. (Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104.) The class action waiver is enforceable. (Epic Systems Corp. v. Lewis (2018) 584 U.S. 497, 503; Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 366-372 abrogated on other grounds by Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639.) The motion is granted. The Court elects to stay the remainder of this matter that is not waived and compelled to arbitration. A status conference is hereby Calendar No.: Event ID: TENTATIVE RULINGS

3078489 44 CASE NUMBER: CASE TITLE: BAUMES VS TB SF PAYROLL & MANAGEMENT LLC [IMAGED] 37-2023-00026845-CU-OE-CTL set for August 30, 2024, at 10:00 am.

Calendar No.: Event ID: TENTATIVE RULINGS

3078489 44