Judge: Robert B. Broadbelt, Case: 24STCV30310, Date: 2025-05-20 Tentative Ruling
Case Number: 24STCV30310 Hearing Date: May 20, 2025 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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24STCV30310 |
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May
20, 2025 |
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[tentative]
Order RE: defendants’ motion to compel arbitration and
stay action pending completion of arbitration |
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MOVING PARTIES: Defendants Uber Technologies,
Inc., Rasier, LLC, and Rasier-CA, LLC, joined by defendant Alphonce Odhiambo
Baraza on April 24, 2025
RESPONDING PARTY: Unopposed
Motion to Compel Arbitration and Stay Action Pending Completion of
Arbitration
Defendants Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC
(“Defendants”) filed the pending motion to compel plaintiff Athena Rifflard
(“Plaintiff”) to submit their claims to binding arbitration and to stay the
action pending completion of arbitration on March 17, 2025. Thereafter, on April 24, 2025, defendant Alphonce
Odhiambo Baraza (“Baraza”) filed a joinder to Defendants’ motion to compel
arbitration and to stay action pending completion of arbitration.
On May 8, 2025, Plaintiff filed a request for dismissal of Defendants
with prejudice. (May 8, 2025 Req. for
Dismissal, CIV-110, ¶ 1, subds. (a)(1), (b)(6).) The clerk dismissed Defendants pursuant to
Plaintiff’s request on May 8, 2025. (Id.,
¶ 5.)
On May 19, 2025, Defendants filed a notice taking their motion to
compel Plaintiff to arbitration and to stay action pending completion of
arbitration off calendar.
Because Plaintiff has dismissed Defendants, the court (1) finds that
Defendants’ motion to compel Plaintiff to arbitration and to stay action
pending completion of arbitration is moot, and (2) will order that the motion
is taken off calendar pursuant to Defendants’ request.
As set forth above, defendant Baraza filed a joinder to Defendants’
motion on April 24, 2025, in which Baraza requests that the court compel
arbitration of Plaintiff’s claims against him pursuant to the agency exception
and doctrine of equitable estoppel.
Because Defendants’ motion is moot, the court will order that Baraza’s
joinder to that motion is off calendar, without prejudice to Baraza’s filing an
independent motion to compel Plaintiff to arbitration.
ORDER
The court orders that the hearing on (1) defendants Uber Technologies,
Inc., Rasier, LLC, and Rasier-CA, LLC’s motion to compel arbitration and to
stay action pending completion of arbitration is taken off calendar as moot,
and (2) defendant Alphonce Odhiambo Baraza’s joinder to the motion to compel
arbitration and to stay action pending completion of arbitration is taken off
calendar as moot, without prejudice to defendant Alphonce Odhiambo Baraza’s
filing an independent motion to compel arbitration.
The court directs the clerk to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court