Judge: Stephen I. Goorvitch, Case: 20STCV40600, Date: 2022-07-29 Tentative Ruling

Case Number: 20STCV40600    Hearing Date: July 29, 2022    Dept: 39

Maria Mejia v. Bendick Precision, Inc.

Case No. 20STCV40600

Motion to Compel Arbitration

            Plaintiff Maria Mejia (“Plaintiff”) filed this wrongful termination action against Bendick Precision, Inc. (“Defendant”).  Defendant now moves to compel arbitration based upon an arbitration agreement purportedly signed by Plaintiff.  The motion is supported by a declaration from Jillian M. Reyes, who states that she is an attorney with the Ryan Law Firm, which represents Defendant in this litigation.  The declaration attempts to authenticate the arbitration agreement, but it fails in that respect.  Ms. Reyes has no personal knowledge of any of the relevant facts and the declaration is based on hearsay.  Defendant attempts to remedy the problem with its reply brief, proffering a declaration from Christy Haines stating that the arbitration agreement was contained in Plaintiff’s personnel file.  However, Plaintiff has not had an opportunity to respond to this declaration.

            Based upon the foregoing, the Court’s tentative order is to deny the motion without prejudice or to continue the hearing and afford Plaintiff’s counsel an opportunity to file a surreply.