Judge: Virginia Keeny, Case: 24STCV25228, Date: 2025-04-03 Tentative Ruling

Case Number: 24STCV25228    Hearing Date: April 3, 2025    Dept: 45

CHANTAL RENTERIA VS REAL TIME STAFFING SERVICES, LLC, ET AL.

defendant real time staffing services, llc’s motion to compel arbitration and to stay action

Date of Hearing:        April 3, 2025                                      Trial Date:       None set  

Department:              45                                                        Case No.:        24STCV25228

Moving Party:            Defendant Real Time Staffing Services, LLC

Responding Party:     No opposition.

BACKGROUND

This action involves alleged labor code violations. On September 30, 2024, Plaintiff Chantal Renteria filed a complaint against Real Times Staffing Services, LLC d/b/a Select Staffing and Cardinal Health, Inc. for 1. Discrimination in Violation of Gov’t Code §§12940 et seq.; 2. Retaliation in Violation of Gov’t Code §§12940 et seq.; 3. Failure to Provide Reasonable Accommodations in Violation of Gov’t Code §§12940 et seq.; 4. Failure to Engage in a Good Faith Interactive Process in Violation of Gov’t Code §§12940 et seq.; 5. Retaliation (Lab. Code §98.6) 6. Retaliation (Lab. Code §6310) 7. Failure to Indemnify for Necessary Business Expenses (Cal. Labor Code §2802); and  8. Wrongful Termination in Violation of Public Policy.

[Tentative] Ruling

Defendant Real Time Staffing Services, LLC’s Motion to Compel Arbitration and to Stay Action is GRANTED.

DISCUSSION

Defendant Real Time Staffing Services, LLC d/b/a Select Staffing moves this court for an order compelling Plaintiff Chantal Renteria to arbitrate her claims asserted in the complaint. Real Time also moves the court for orders staying this matter pending the arbitration of Plaintiff’s claims. Defendant Cardinal Health, Inc. filed a Notice of Joinder and Joinder. Plaintiff filed a Notice of Non-Opposition.

Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties’ dispute.¿ (CCP § 1281.2; Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.) Because the right to arbitration depends upon contract, the party seeking arbitration bears the initial burden of proving that the parties actually agreed to arbitrate the instant dispute.  (Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 761.)  If the moving party does so, the burden shifts to the opposing party to show that the subject agreement is unenforceable.  (Id. at 761.)  The court “sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court’s discretion, to reach a final determination.”  (Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 972.)¿¿ 

Defendant Real Time has met their initial burden of showing that an arbitration agreement exists with Plaintiff and that the arbitration agreement appears valid and signed by Plaintiff. (See Bredehoft Decl. ¶10, Exh. 1.) Additionally, Defendant has demonstrated Plaintiff’s claims arise out of and relate to Plaintiff’s employment or termination of Plaintiff’s employment. As noted above, Plaintiff has filed a Notice of Non-Opposition.

Accordingly, Defendant Real Time Staffing Services, LLC’s Motion to Compel Arbitration and to Stay Action is GRANTED.