Judge Richard S. Whitney, Case Number: 37-2023-00042603-CU-OE-CTL, Date: 2024-04-05 Tentative Ruling

Judge: Richard S. Whitney, Case: 37-2023-00042603-CU-OE-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 03, 2024

04/05/2024 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) 37-2023-00042603-CU-OE-CTL OJEDA VS ION INTERMEDIATE HOLDINGS LLC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANTS' MOTION TO COMPEL ARBITRATION AND STAY REPRESENTATIVE CLAIMS is GRANTED.

Defendants ION INTERMEDIATE HOLDINGS, LLC, INTEGRATED ONCOLOGY NETWORK, LLC, and CALIFORNIA CANCER ASSOCIATES FOR RESEARCH AND EXCELLENCE, INC. ('Defendants') seeks to compel Plaintiff JULIE OJEDA's individual PAGA claims and to stay the remaining representative PAGA claims.

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.) Plaintiff asserts she did not sign the arbitration agreement. Plaintiff does not dispute the arbitration agreement covers the disputes nor that it is conscionable. In response, Defendant provide evidence that Plaintiff created an account with Defendants' third-party online HR management company, Insperity, by using an e-mail address, a unique username, and password. Defendants provide evidence that Plaintiff was assigned an 'Insperity Employee ID Number.' (Decl. Hernandez.) 'In or around June 2022, Plaintiff was notified through the e-mail address of her choice that Defendants required Plaintiff to either update, or re-execute a number of employment documents due to the transition to ION. Among those documents were the Arbitration Agreement ....' (Decl. Hernandez.) 'All of the documents were electronically signed by Plaintiff through her Insperity Premier portal on June 20, 2022.' (Decl. Hernandez.) The Court finds Defendants have met their burden to demonstrate the existence of an arbitration agreement that covers the disputes in this action. Plaintiff's declaration does not provide evidence that contradicts the electronic Calendar No.: Event ID: TENTATIVE RULINGS

3094486 CASE NUMBER: CASE TITLE: OJEDA VS ION INTERMEDIATE HOLDINGS LLC [E-FILE] 37-2023-00042603-CU-OE-CTL signatures, other than her self-serving statements and surmising.

Under Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906 certain PAGA disputes may be compelled to arbitration notwithstanding Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. Iskanian, which is now overruled in part, states 'where...an employment agreement compels the waiver of representative claims under the PAGA, it is contrary to public policy and unenforceable as a matter of state law.' (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 384.) 'After Iskanian, several appellate courts [] held that an individual PAGA plaintiff may not be required to arbitrate his or her PAGA claim.' (Contreras v. Superior Court of Los Angeles County (2021) 61 Cal.App.5th 461, 472.) The Supreme Court in Viking River determined PAGA claims are arbitrable on an individual basis. (Viking River, supra, 142 S.Ct. at 1913 ['Under this Courts holding, Iskanian's prohibition on wholesale waivers of PAGA claims is not preempted by the FAA. But Iskanian's rule that PAGA actions cannot be divided into individual and non-individual claims is preempted, so Viking was entitled to compel arbitration of Moriana's individual claim.']) Viking River overruled Iskanian's rule that effectively precluded claim splitting a PAGA claim. Since Viking River became the law, parties could split a PAGA claim. Viking River now allows a court to find the 'representative' portion of the PAGA claim may not be compelled to arbitration while the 'individual' portion of the PAGA claim may be compelled to arbitration. The same may be done in this case.

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 motion is granted. The Court elects to stay the remainder of this matter not compelled to arbitration. A status conference is hereby set for October 25, 2024, at 10:00 am.

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3094486