Judge: Robert P. Dahlquist, Case: 37-2023-00025460-CU-PO-NC, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 03, 2024

01/05/2024  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00025460-CU-PO-NC FURMAN VS WHV RESORT GROUP, INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/27/2023

Defendant WVH Hospitality Management, Inc.'s unopposed motion to compel arbitration (ROA # 11) is granted.

The court deems the lack of opposition to be a concession as to the merits of the motion. In addition, notwithstanding the absence of any opposition, the court has evaluated the motion and finds that the motion has merit and should be granted.

The moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. The burden then shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud, unconscionability, waiver, etc.).

Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal. 4th 394, 413–414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal. App. 4th 754, 758.

The court is persuaded that the defendant has met its burden of establishing the existence of an arbitration agreement and that the causes of action asserted in the complaint are subject to the agreement.

Plaintiff Yevgeniy Iosifovich Furman has not opposed this motion. As such, plaintiff has not established a basis for the court to decline to enforce the agreement.

Therefore, the court grants the motion compelling arbitration. This case is stayed pending further court order. All future hearing dates are vacated.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 2:30 p.m. on January 5, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 5, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3070167