Judge: Ronald F. Frazier, Case: 37-2022-00003437-CU-OE-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Other employment Motion Hearing (Civil) 37-2022-00003437-CU-OE-CTL SERRANO VS HALLER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 02/24/2023

Defendant Wellness Enhanced Lifestyle Living, LLC's unopposed Motion to Compel Arbitration, or in the Alternative, Motion for Judgment on the Pleadings, is GRANTED IN PART. (ROA 54.) As a preliminary matter, this case has been stayed due to Defendant's bankruptcy petition. Defendant, in support of this motion, requests judicial notice of its Chapter 7 bankruptcy petition and subsequent Order Approving Trustee's Report of No Distribution and Closing Case, among other exhibits. The court grants Defendant's requests for judicial notice. (ROA 56.) In light of the closure of Defendant's bankruptcy case, the court orders the stay lifted so that it may consider Defendant's motion.

Defendant has presented prima facie evidence of a written arbitration agreement, and the motion is unopposed. Accordingly, the court orders Plaintiff and Defendant to arbitration and orders this case STAYED. The court sets a status conference for June 7, 2024 at 10:15 a.m.

Because the court has determined the parties are required to arbitrate the claims, the court finds it has no jurisdiction to consider Defendant's motion for judgment on the pleadings and denies Defendant's alternative request on those grounds.

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