Motion to Compel Arbitration
Moving Party: Defendants Carehouse Healthcare Center, LLC dba Carehouse Healthcare Center; Genesis Healthcare, Inc.; Genesis Healthcare LLC; Skilled Healthcare, LLC; Summit Care, LLC; and Gwendy Hernandez Responding Party: Plaintiff Jessica Hugar
Ruling: Defendants’ motion to compel arbitration is granted. This case is stayed pending completion of the arbitration.
The right to arbitration depends upon contract; a motion to compel arbitration is simply a suit in equity seeking specific performance of that contract. (Little v. Pullman (2013) 219 Cal.App.4th 558, 565.) The movant bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. (Id.) In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary
Hearing Date
August 12, 2019
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Motion to Compel Arbitration
Moving Party: Defendants Carehouse Healthcare Center, LLC dba Carehouse Healthcare Center; Genesis Healthcare, Inc.; Genesis Healthcare LLC; Skilled Healthcare, LLC; Summit Care, LLC; and Gwendy Hernandez Responding Party: Plaintiff Jessica Hugar
Ruling: Defendants’ motion to compel arbitration is granted. This case is stayed pending completion of the arbitration.
The right to arbitration depends upon contract; a motion to compel arbitration is simply a suit in equity seeking specific performance of that contract. (Little v. Pullman (2013) 219 Cal.App.4th 558, 565.) The movant bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. (Id.) In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary