Tentative Ruling
Christopher Hannan v. Fuelster Technologies, Inc., Case No. 20SMCV00736
Hearing Date September 10, 2020
Defendant’s Motion to Compel Arbitration/Plaintiff’s Motion to Stay Arbitration
Plaintiff had a consulting agreement to provide fundraising and marketing services for defendant. Plaintiff alleges defendant failed to pay a promised signing bonus and consulting fee and fraudulently concealed its inability to pay, as well as suspension of its corporate status. Defendant seeks to compel arbitration pursuant to the parties’ written agreement. Plaintiff seeks to stay arbitration.
Defendant’s Motion to Compel Arbitration
Under Cal. Code of Civ. Proc. §1281.2, a party to an arbitration agreement can move to arbitrate. Moving party has the burden of proving existence of an arbitration agreement. Securitas Security Services, USA, Inc. v. Superior Court (2015) 184 Cal.Rptr.3d 568, 574. The party opposing has the burden of proof as to waiver. St. Agnes Medical Center v. Pa
Hearing Date
September 10, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Tentative Ruling
Christopher Hannan v. Fuelster Technologies, Inc., Case No. 20SMCV00736
Hearing Date September 10, 2020
Defendant’s Motion to Compel Arbitration/Plaintiff’s Motion to Stay Arbitration
Plaintiff had a consulting agreement to provide fundraising and marketing services for defendant. Plaintiff alleges defendant failed to pay a promised signing bonus and consulting fee and fraudulently concealed its inability to pay, as well as suspension of its corporate status. Defendant seeks to compel arbitration pursuant to the parties’ written agreement. Plaintiff seeks to stay arbitration.
Defendant’s Motion to Compel Arbitration
Under Cal. Code of Civ. Proc. §1281.2, a party to an arbitration agreement can move to arbitrate. Moving party has the burden of proving existence of an arbitration agreement. Securitas Security Services, USA, Inc. v. Superior Court (2015) 184 Cal.Rptr.3d 568, 574. The party opposing has the burden of proof as to waiver. St. Agnes Medical Center v. Pa