Judge: Robert C. Longstreth, Case: 37-2023-00031764-CU-WT-CTL, Date: 2024-06-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 03, 2024

06/04/2024  02:00:00 PM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2023-00031764-CU-WT-CTL PENA VS AEROTEK INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Aerotek, Inc.'s unopposed Motion to Compel Arbitration (ROA 12) and Defendant Reser's Fine Foods, Inc.'s unopposed Joinder thereto (ROA 30) are GRANTED.

Defendant Aerotek, Inc. has presented evidence of a valid written Mutual Arbitration Agreement (Cometa-Fasanello Decl. at Exh. B) that is enforceable under the Federal Arbitration Act.

Defendant Reser's Fine Foods, Inc. has asserted, consistent with the Mutual Arbitration Agreement, that Plaintiff is compelled to arbitrate his claims against it as well.

Plaintiff does not oppose the motion. (ROA 36.) Accordingly, Plaintiff is ordered to arbitrate her claims against both Defendants in accordance with the Agreement and this case is STAYED pending completion of the arbitration.

However, Defendant Aerotek, Inc.'s Requests for Judicial Notice (ROA 15) are denied. Contracts between private parties are not judicially noticeable, and neither the tentative nor the final rulings of other superior court judges are relevant to this court's determination of the issues on this motion in this case.

The court sets a status conference regarding the status of arbitration for December 6, 2024 at 10:30 a.m.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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