Judge: Serena R. Murillo, Case: 20STCV00549, Date: 2022-10-04 Tentative Ruling

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Case Number: 20STCV00549    Hearing Date: October 4, 2022    Dept: 29

Daniel Alva, et al. v. Arthur M. Akimoto, D.C., et al.

Motion to Compel Arbitration filed by Defendant Arthur M. Akimoto

TENTATIVE

Defendant Arthur M. Akimoto’s motion to compel arbitration and stay proceedings is GRANTED.

Legal Standard 

“California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes.  To further that policy, section 1281.2 requires a trial court to enforce a written arbitration agreement unless one of three limited exceptions applies.  Those statutory exceptions arise where (1) a party waives the right to arbitration; (2) grounds exist for revoking the arbitration agreement; and (3) pending litigation with a third party creates the possibility of conflicting rulings on common factual or legal issues.”  (Acquire II, Ltd. v. Colton Real Estate Group (2013) 213 Cal.App.4th 959, 967 [citations omitted]; Code Civ. Proc. § 1281.2.)    

In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement.  (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961; see also Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236 [“[g]eneral principles of contract law govern whether parties have entered a binding agreement to arbitrate”].) The opposing party has the burden to establish any defense to enforcement. (Gatton v. T—Mobile USA, Inc. (2007) 152 Cal.App.4th 571, 579 [“The petitioner, T—Mobile here, bears the burden of proving the existence of a valid arbitration agreement and the opposing party, plaintiffs here, bears the burden of proving any fact necessary to its defense.”]) 

Discussion

Procedurally, a motion to compel arbitration or stay proceedings must state verbatim the provisions providing for arbitration, or must have a copy of them attached. (Cal Rules of Court, Rule 3.1330.)   Defendant complies with this requirement. Code of Civil Procedure section 1281.2 also requires a moving party to allege “the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy.”  (Code Civ. Proc., § 1281.2.)  Defendant avers that Plaintiff has refused to arbitrate. (Kadish Decl., ¶ ¶ 6-7 Exh. A.) Plaintiff has not opposed the instant motion, in effect conceding that a prior demand was made on Plaintiff by Defendant. 

Defendant avers that Plaintiff signed an arbitration agreement. The agreement provides, under Article 1 in pertinent part: “It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered, will be determined by submission to arbitration as provided by California law, and not by lawsuit or resort to court process except as state and federal law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.”

Further, Article 2 states: “It is also understood that any dispute that does not relate to medical malpractice, including disputes as to whether or not a dispute is subject to arbitration, will also be determined by submission to binding arbitration. It is the intention of the parties that this agreement binds all parties as to all claims, including claims arising out of or relating to treatment or services provided by the health care provider, including any heirs or past, present or future spouse(s) of the patient in relation to all claims, including loss of consortium....”

(Akimoto Decl., ¶ 12; Exh. A.)  

The Court finds that Plaintiff’s claims in the Complaint fall within the ambit of the parties’ arbitration agreement.  Thus, Defendant has met its burden of showing that there is a valid agreement to arbitrate Plaintiff’s claims. 

The Court notes that Plaintiff has not opposed the instant motion. Since no opposition has been filed, the Court finds that Plaintiff has not met his burden of showing any defense to enforcement. 

Accordingly, Defendant’s unopposed motion to compel arbitration is GRANTED. 

Defendant seeks a stay of the proceedings.  Code of Civil Procedure section 1281.4 provides that if arbitration “of a controversy which is an issue involved in an action or proceeding pending before a court of this State” is ordered, the court in which the action or proceeding is pending “shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.” (Code Civ. Proc. § 1281.4.)   

Accordingly, Defendant’s request for a stay of the proceedings is GRANTED.  All proceedings are STAYED pending binding arbitration. 

Conclusion

Based on the foregoing, Defendant’s motion to compel arbitration and stay proceedings is GRANTED.

Moving party is ordered to give notice.