Judge: Robert C. Longstreth, Case: 37-2022-00042490-CU-OE-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00042490-CU-OE-CTL DELGADILLO VS DESERT AUTO GROUP IV LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/28/2022

Defendant Desert Auto Group IV LLC's unopposed Motion to Compel Arbitration and Stay Action Pending Outcome of Arbitration is GRANTED. (ROA 11.) 'A written agreement to submit to arbitration an existing controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.' (Code Civ. Proc. § 1281.) Defendant asserts it is entitled to enforce the arbitration provisions in a contract between 'Chula Vista Honda' and Plaintiff. (ROA 18, Exh. A.) Although Defendant does not sufficiently explain on what basis it believes it is entitled to enforce the arbitration provisions of this contract, Plaintiff does not oppose the motion and concedes he is required to arbitrate his claims against defendant.

The court notes Plaintiff filed a 'Statement of Non-Opposition' wherein Plaintiff requested that the court state in its order 'that the protections set forth in Armendariz v. Fountain Health Psychcare Services, Inc.

(2000) 24 Cal.4th 83 apply to this pre-dispute arbitration agreement between an employee and his employer.' The court declines Plaintiff's invitation to do so, since such an order appears to be superfluous, and would be inappropriate at this stage to the extent it is not.

The parties are ordered to arbitration and this case is STAYED pending completion of the arbitration.

The court sets a status conference regarding the status of arbitration for May 31, 2024 at 10:15 a.m.

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