Judge: Thomas D. Long, Case: 22STCV36659, Date: 2023-12-19 Tentative Ruling

Case Number: 22STCV36659    Hearing Date: December 19, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On November 21, 2023, Plaintiff Amelia Carmen Pineda filed this action against Defendant L.A. Desserts Inc.

On July 19, 2023, Defendant filed a motion to compel arbitration.

When seeking to compel arbitration of a plaintiff’s claims, the defendant must allege the existence of an agreement to arbitrate.  (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.)  The burden then shifts to the plaintiff to prove the falsity of the agreement.  (Ibid.)  After the Court determines that an agreement to arbitrate exists, it then considers objections to its enforceability.  (Ibid.)  The Court must grant a petition to compel arbitration unless the defendant has waived the right to compel arbitration or if there are grounds to revoke the arbitration agreement.  (Ibid.; Code Civ. Proc., § 1281.2.)

Defendant’s employee handbook provides for arbitration of “any dispute, claim, or controversy that they may have against each other, including their current and former agents, owners, officers, directors, or employees, which arise from the employment relationship between the Restaurant and Employee and/or the termination of that employment relationship.”  (Motion, Ex. A at pp. 72-73.)  Plaintiff signed an acknowledgement and agreement to the arbitration agreement.  (Motion, Exs. A-C.)

On December 6, 2023, Plaintiff filed a notice of non-opposition to Defendant’s motion, and “Plaintiff will be stipulating to arbitration.”

Accordingly, the motion to compel arbitration is GRANTED.  The entire action is STAYED pending the conclusion of the arbitration.

A Status Conference re: Arbitration is scheduled for 12/19/2024 at 8:30 AM in Department 48 at Stanley Mosk Courthouse.  Five court days before, the parties are to file a joint report stating the name of their retained arbitrator and the status of arbitration.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 19th day of December 2023