[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL ARBITRATION; GRANTED
On August 2, 2018, Plaintiff James Polidoro (“Plaintiff”) filed this action against Defendants Behrouz Shadisrat (“Shadisrat”), Elizabeth Essakhar (“Essakhar”), and Airbnb, Inc. (collectively “Defendants”) for general negligence and premises liability relating to a January 20, 2017 slip and fall at a premise owned or controlled by Shadisrat and Essakhar, which Plaintiff had booked through Airbnb. Defendants move to compel arbitration and stay the litigation pending arbitration.
Background Facts
Plaintiff created an Airbnb account under the name James Polidoro on December 19, 2016. (Blake Decl., ¶ 9, Exhs. A, B.) Airbnb requires its account holders to agree to Terms and Service to use the Airbnb site. (Blake Decl., ¶ 5.) The person who created the account under the name James Polidoro was presented with a screen stating, “By signing up, I agree to Airbnb’s Terms of Service...”, with the phrase “Terms of Service”
Hearing Date
February 05, 2019
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[TENTATIVE] ORDER RE: DEFENDANT’S MOTION TO COMPEL ARBITRATION; GRANTED
On August 2, 2018, Plaintiff James Polidoro (“Plaintiff”) filed this action against Defendants Behrouz Shadisrat (“Shadisrat”), Elizabeth Essakhar (“Essakhar”), and Airbnb, Inc. (collectively “Defendants”) for general negligence and premises liability relating to a January 20, 2017 slip and fall at a premise owned or controlled by Shadisrat and Essakhar, which Plaintiff had booked through Airbnb. Defendants move to compel arbitration and stay the litigation pending arbitration.
Background Facts
Plaintiff created an Airbnb account under the name James Polidoro on December 19, 2016. (Blake Decl., ¶ 9, Exhs. A, B.) Airbnb requires its account holders to agree to Terms and Service to use the Airbnb site. (Blake Decl., ¶ 5.) The person who created the account under the name James Polidoro was presented with a screen stating, “By signing up, I agree to Airbnb’s Terms of Service...”, with the phrase “Terms of Service”