On October 15, 2021 a
Tentative decisions - Motion to Compel Arbitration, Dismiss Claims and Stay Action
was filed
involving a dispute between
Locke, Terina Renee,
and
Does 1-20, Inclusive,
Riverside Sanitarium, Llc,
for Complex Civil Unlimited
in the District Court of San Bernardino County.
Preview
Tentative Rulings for June 20, 2022
Department 8-26
Judge David Cohn
Tentative Rulings for Department 8-26 are posted on the court’s website
(https://www.sb—court.orq/divisions/civil/civiI—tentative—rulinqs) at 3:00 p.m. or at 7:00
p.m. the court day before the hearing. Ifno tentative ruling is posted at 3:00 p.m.,
please check again after 7:00 p.m.
Ifyou do not wish to submit on a tentative ruling, you must appear for the hearing
either in person or via CourtCalI (888-882-6878 or www.cour‘tcall.com). Failure to
appear is deemed a waiver of oral argument. lf allparties submit on a tentative ruling,
the tentative ruling will become the ruling of the court at the hearing. The tentative
ruling may note particular issues on which the court requests the parties to provide
further argument at the hearing. If so directed, attendance at the hearing is mandatory,
either in person or via CourtCall.
The party prevailing on a motion or other hearing shall serve written notice of the
court’s ruling unless all parties waive notice of the ruling.
10:00 a.m. Calendar
11. Locke v. Riverside Sanitarium, LLC
CIVSB2129216
Motion to Compel Arbitration
Tentative Ruling:
Plaintiff has dismissed the individual and class claims, leaving only a
representative action brought under the Labor Code Private Attorney General Act,
Labor Code section 2698 et seq. (PAGA). When the motion and opposition were filed,
waivers and arbitration provisions for representative actions were invalid under
California law. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th
348.) Therefore, under lskanian, this motion would have been moot, because PAGA
cases were non—arbitrable. After this motion was fully briefed, however, the United
States Supreme Court published itsdecision in Viking River Cruises, Inc. v. Mariana
(June 15, 2022) 596 U.S. _. The decision may affect this motion. Therefore, the
motion can be continued to a later date to allow each party to file supplemental briefing
as necessary.
Page 1 of 2
CVSZ60062022
Document Filed Date
June 20, 2022
Case Filing Date
October 15, 2021
Category
Complex Civil Unlimited
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Preview
Tentative Rulings for June 20, 2022 Department 8-26 Judge David Cohn Tentative Rulings for Department 8-26 are posted on the court’s website (https://www.sb—court.orq/divisions/civil/civiI—tentative—rulinqs) at 3:00 p.m. or at 7:00 p.m. the court day before the hearing. Ifno tentative ruling is posted at 3:00 p.m., please check again after 7:00 p.m. Ifyou do not wish to submit on a tentative ruling, you must appear for the hearing either in person or via CourtCalI (888-882-6878 or www.cour‘tcall.com). Failure to appear is deemed a waiver of oral argument. lf allparties submit on a tentative ruling, the tentative ruling will become the ruling of the court at the hearing. The tentative ruling may note particular issues on which the court requests the parties to provide further argument at the hearing. If so directed, attendance at the hearing is mandatory, either in person or via CourtCall. The party prevailing on a motion or other hearing shall serve written notice of the court’s ruling unless all parties waive notice of the ruling. 10:00 a.m. Calendar 11. Locke v. Riverside Sanitarium, LLC CIVSB2129216 Motion to Compel Arbitration Tentative Ruling: Plaintiff has dismissed the individual and class claims, leaving only a representative action brought under the Labor Code Private Attorney General Act, Labor Code section 2698 et seq. (PAGA). When the motion and opposition were filed, waivers and arbitration provisions for representative actions were invalid under California law. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348.) Therefore, under lskanian, this motion would have been moot, because PAGA cases were non—arbitrable. After this motion was fully briefed, however, the United States Supreme Court published itsdecision in Viking River Cruises, Inc. v. Mariana (June 15, 2022) 596 U.S. _. The decision may affect this motion. Therefore, the motion can be continued to a later date to allow each party to file supplemental briefing as necessary. Page 1 of 2 CVSZ60062022