19STCV46300 CHRIS MEOLA vs GHP MANAGEMENT CORPORATION
Defendant GHP Management Corporation’s Motion to Compel Arbitration and Request for a Stay of PAGA Claim
TENTATIVE RULING: The motion to compel arbitration is DENIED because the court finds the agreement to be procedurally and substantively unconscionable. Defendant’s request for a stay is DENIED.
When a party to an arbitration agreement files a petition alleging the existence of a written agreement to arbitrate a controversy and that the other party to the agreement refuses to arbitrate this controversy, a judge must order the parties to arbitrate the controversy on determining that an agreement to arbitrate the controversy exists and there is no defense to its enforcement. CCP §§ 1281.2
Public Policy
Strong public policies favor enforcement of agreements to arbitrate disputes. Wagner Constr. Co. v Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25; Aanderud v Superior Court (2017) 13 Cal.App.5th 880, 889; Laymon v J. Rockcliff
Hearing Date
September 15, 2020
Type
Wrongful Termination (General Jurisdiction)
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19STCV46300 CHRIS MEOLA vs GHP MANAGEMENT CORPORATION
Defendant GHP Management Corporation’s Motion to Compel Arbitration and Request for a Stay of PAGA Claim
TENTATIVE RULING: The motion to compel arbitration is DENIED because the court finds the agreement to be procedurally and substantively unconscionable. Defendant’s request for a stay is DENIED.
When a party to an arbitration agreement files a petition alleging the existence of a written agreement to arbitrate a controversy and that the other party to the agreement refuses to arbitrate this controversy, a judge must order the parties to arbitrate the controversy on determining that an agreement to arbitrate the controversy exists and there is no defense to its enforcement. CCP §§ 1281.2
Public Policy
Strong public policies favor enforcement of agreements to arbitrate disputes. Wagner Constr. Co. v Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25; Aanderud v Superior Court (2017) 13 Cal.App.5th 880, 889; Laymon v J. Rockcliff