C22-01164
CASE NAME: ALEJANDRO TORRES VS. B & M TEAR OFF, INC.
*HEARING ON MOTION TO COMPEL ARBITRATION
FILED BY: B & M TEAR OFF, INC.
*TENTATIVE RULING:*
Before the Court is a motion to compel arbitration filed by defendant B & M Tear Off, Inc. For the
reasons set forth, the Court continues the hearing on the motion for supplemental briefing as set
forth below. The continued hearing shall be held at 9:00 a.m. on April 13, 2023.
The copy of the Complaint filed on May 24, 2022 in the Court's Odyssey system omits page 13, a page
that appears to contain the fourth cause of action. The face of the Complaint identifies that cause of
action as "Unfair Competition (Bus. & Prof. Code §§ 17200, et seq.)." Plaintiff states that he has not
brought a PAGA claim (Opp. p. 1, l. 23), but the moving party's motion and reply papers repeatedly
refer to Plaintiff's PAGA claim. (See, e.g., Mot. p. 9, l. 12, and p. 14; Reply, p. 9; Bernal Decl. ¶¶ 2-4].)
Because the Court's copy of the Complai