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 53

 

 

athena rifflard ;

 

Plaintiff,

 

 

vs.

 

 

alphonce odhianbo baraza , et al.;

 

Defendants.

Case No.:

24STCV30310

 

 

Hearing Date:

May 20, 2025

 

 

Time:

10:00 a.m.

 

 

 

[tentative] Order RE:

 

defendants’ motion to compel arbitration and stay action pending completion of arbitration

 

 

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:  May 20, 2025

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court





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