Judge Timothy B. Taylor, Case 37-2022-00032285-CU-OR-CTL 2023-09-15 Tentative Ruling

Judge: Timothy B. Taylor, Case: 37-2022-00032285-CU-OR-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 11, 2023

09/15/2023 01:30:00 PM C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Timothy Taylor

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Civil - Unlimited Other Real Property Motion Hearing (Civil) 37-2022-00032285-CU-OR-CTL VASCONEZ VS U STORE IT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 06/02/2023

Tentative Ruling on Motion to Compel Arbitration Vasconez v. U-Stor-It, Case No. 2022-32285 Sept. 15, 2023, 1:30 p.m., Dept 72 1. Overview and Procedural Posture.

This is a contract action involving a self-storage facility in San Diego. Plaintiff represents herself. She filed a Judicial Council form complaint using the personal injury form (but making contract claims) on August 11, 2022.

Following a 'meet and confer' effort (ROA 12), defendants demurred to the complaint. ROA 14-17.

There was no opposition. Following a hearing on April 14, 2023, the court sustained the demurrer with leave to amend in a detailed ruling, and set the case for trial. ROA 29-33.

Plaintiff filed the FAC on May 16, 2023. ROA 35. The FAC was much more detailed than the original complaint, and for the first time referenced a specific date of a rental agreement. Armed with this, defendant was able to locate the rental agreement, which contains (at paragraph 5) an arbitration provision. Defendants now seek to compel arbitration in accordance with the terms of this agreement.

ROA 37-41. The trial date had to be vacated as a result of the filing of the motion. ROA 52-57. There is no opposition.

The case is also set for a continued CMC. ROA 54.

2. Applicable Law.

A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. Code Civ. Proc. § 1281.2. The moving party bears the burden of persuasion to prove the existence of the arbitration agreement by a preponderance of the evidence.

Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413. However, the burden of production may shift in a three-step process. Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165.

First, the moving party bears the burden of producing prima facie evidence of a written agreement to Calendar No.: Event ID: TENTATIVE RULINGS

2981119 CASE NUMBER: CASE TITLE: VASCONEZ VS U STORE IT [IMAGED] 37-2022-00032285-CU-OR-CTL arbitrate the controversy. Id. Pursuant to CRC 3.1330, the moving party can meet its initial burden by reciting verbatim, or providing a copy of, the alleged agreement: 'A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions must be stated verbatim or a copy must be physically or electronically attached to the petition and incorporated by reference.' If the moving party meets its initial prima facie burden and the opposing party does not dispute the existence of the arbitration agreement, then nothing more is required for the moving party to meet its burden of persuasion. Gamboa, 72 Cal.App.5th at 165. If, however, the moving party meets its initial prima facie burden and the opposing party disputes the agreement, then in the second step, the opposing party bears the burden of producing evidence to challenge the authenticity of the agreement.

Id. To bear this burden, the arbitration opponent must offer admissible evidence creating a factual dispute as to the authenticity of their signatures. Iyere v. Wise Auto Group (2023) 87 Cal.App.5th 747, 755.

If the opposing party meets its burden of producing evidence, then in the third step, the moving party must establish with admissible evidence a valid arbitration agreement between the parties. Gamboa, 72 Cal.App.5th at 165. The moving party may carry its burden 'in any manner,' including by presenting evidence of the contents of the contract in question and the circumstances surrounding the contract's execution. Fabian v. Renovate America, Inc. (2019) 42 Cal.App.5th 1062, 1068. Once the moving party proves the existence of an agreement by a preponderance of the evidence, the burden then shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud, unconscionability, etc.). Rosenthal, 14 Cal.4th at 413.

3. Discussion and Ruling.

The unopposed motion to compel arbitration is granted.

Defendants have established the existence of an agreement between plaintiff and U-Stor-It to arbitrate 'all disputes or claims arising out of' their relationship, including any claims against U-Stor-It's employees or agents. (Kollar Decl., Ex. A at ¶ 5(b).) The burden shifts to plaintiff to prove any defenses to the arbitration agreement's enforcement. See Rosenthal, supra, 14 Cal.4th at 413. Plaintiff has not opposed the motion and, therefore, has failed to meet her burden.

Accordingly, plaintiff is ordered to arbitrate her claims against defendants. The case is hereby stayed while the arbitration is conducted. Code Civ. Proc. § 1281.4. The CMC set for today is vacated. An arbitration status conference will be held on September 13, 2024 at 1:30 p.m. in Dept. 72.

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2981119