Judge: Thomas S. Mcconville, Case: 2021-01196094, Date: 2023-08-28 Tentative Ruling

Defendant Meta Platforms, Inc. (f/k/a Facebook, Inc.) has two motions on the court’s calendar today.  Those motions are addressed in turn below.

Motion to Confirm Arbitration Award.

Defendant Meta Platforms, Inc’s motion to confirm arbitration award is GRANTED.  The court confirms the arbitration order of January 20, 2023, dismissing the American Arbitration Association matter of Isaiah Juarez v. Facebook, Inc., AAA Case No. 01-21-0017-8303.  The court further orders the dismissal of this matter pending in Orange County Superior Court, with prejudice.

A party may seek confirmation by filing and serving a petition at least 10 days, but no more than 4 years, after service of the award on that party. (C.C.P. 1288, 1288.4).  The petition must name as respondents all parties to the arbitration and may name any other persons bound by the award. (C.C.P. 1285).  The petition must also set forth the substance of the arbitration agreement or have a copy attached, name the arbitrator, and set forth or have attached a copy of the award and the arbitrators' written opinion, if any. (C.C.P. 1285.4.).  Defendant has filed the proper form and met the procedural requirements for the requested relief. 

The party seeking judicial enforcement of a private arbitration award has the burden of proving the award as well as the existence of a valid arbitration agreement.  Toal v. Tardif (2009) 178 Cal.App.4^th 1208, 1223.  By way of the evidence attached to the declaration of attorney Jacob M. Heath, defendant has met its initial burden for the requested relief. 

There is no opposition to this motion.  As only limited grounds are available to oppose a motion to confirm an arbitration award and plaintiff hasn’t advanced any of those grounds, defendant’s requested relief is GRANTED.

Defendant’s motion to confirm arbitration award is GRANTED.  The court confirms the arbitration order of January 20, 2023, dismissing the American Arbitration Association matter of Isaiah Juarez v. Facebook, Inc., AAA Case No. 01-21-0017-8303.  The court further orders the dismissal of this matter pending in Orange County Superior Court, with prejudice.

Motion to Seal.

Defendant Meta Platforms, Inc’s motion to file under seal is DENIED.

Defendant has not established that there is an overriding public interest in the sealing of these documents that overcomes the right of public access to court records, let alone that there is a substantial probability of prejudice if the record is not sealed.  CRC Rule 2.550(d)(1)-(3).  In this case, there is nothing in the subject documents that give away trade secrets or personal private information.  Further, there is no explanation why, even if there was confidential information in the documents, there is any right of privacy in this information with a significant enough interest to override the public interest. 

For the court to order sealing, it must make a detailed order which specifically states facts supporting the findings required by CRC 2.550(d)(1)-(5).  See also Advisory Committee Comment to CRC 2.550   The court cannot make the required findings.

Defendant shall give notice.