Judge: Thomas D. Long, Case: 24STCV17014, Date: 2025-03-25 Tentative Ruling

Case Number: 24STCV17014    Hearing Date: March 25, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 9, 2024, Plaintiff Michelle Ventura filed this action against Defendants Regal Medical Group Inc., Lakeside Medical Organization Inc., Heritage Provider Network Inc., Heritage Innovation Center (a dba of Regal Medical Group), Lakeside Community Healthcare (a dba of Lakeside Medical Organization), Aston Carter Inc., Aerotek Affiliated Services Inc., and Aerotek Inc.

On September 30, 2024, Aston Carter Inc., Aerotek Affiliated Services Inc., and Aerotek Inc. filed a motion to compel arbitration.

On October 15, 2024, Regal Medical Group Inc., Lakeside Medical Organization Inc., Heritage Provider Network Inc. filed a notice of joinder.

REQUEST FOR JUDICIAL NOTICE

Defendants’ request for judicial notice of 35 trial court orders in different actions is denied.  These orders are unpublished and nonprecedential.  (See Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831 [“a written trial court ruling has no precedential value”].)

DISCUSSION

When seeking to compel arbitration of a party’s claims, the movant 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 opponent 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 movant has waived the right to compel arbitration or if there are grounds to revoke the arbitration agreement.  (Ibid.; Code Civ. Proc., § 1281.2.)  Under California law and the Federal Arbitration Act (“FAA”), an arbitration agreement may be invalid based upon grounds applicable to any contract, including unconscionability, fraud, duress, and public policy.  (Sanchez v. Western Pizza Enterprises, Inc. (2009) 172 Cal.App.4th 154, 165-166.)

One of the documents provided to Plaintiff as part of the employment onboarding process was an Arbitration Agreement.  The parties agreed to arbitrate “all disputes, claims, complaints, or controversies . . . including … discrimination and/or harassment claims; retaliation claims; … and any other claim … arising out of and/or directly or indirectly related to my application for employment with the Company, and/or my employment with the Company, and/or the terms and conditions of my employment with the Company, and/or termination of my employment with the Company.”  (Motion at p. 11.)

On March 7, 2025, Plaintiff filed a notice of non-opposition to Defendants’ motion.

CONCLUSION

Defendants’ 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 March 27, 2026 at 8:30 a.m. 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 25th day of March 2025