This Tentative Ruling is made by Judge Evelio Grillo The motion of Defendant Tesla, Inc. for an order compelling Plaintiff Henkes to submit his claims in this action to binding arbitration and staying this action until the arbitration is completed is GRANTED.
The court must ordinarily answer only two "gateway" questions when asked to enforce an agreement to arbitrate: (1) whether the parties had agreed to arbitrate disputes, per the usual rules of contract law, and (2) whether the parties' current dispute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960.)
Plaintiff Henkes acknowledges that he entered into the 2/12/17 Employee Transfer Agreement. (Henkes Dec., par 2.)
The agreement he entered into with Tesla has an arbitration clause. The arbitration clause covers "any and all disputes, claims, or causes of action, in law or equity, arising from or relating to [Henkes's] employment, or the termination of [his] employment
Hearing Date
March 22, 2021
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This Tentative Ruling is made by Judge Evelio Grillo The motion of Defendant Tesla, Inc. for an order compelling Plaintiff Henkes to submit his claims in this action to binding arbitration and staying this action until the arbitration is completed is GRANTED.
The court must ordinarily answer only two "gateway" questions when asked to enforce an agreement to arbitrate: (1) whether the parties had agreed to arbitrate disputes, per the usual rules of contract law, and (2) whether the parties' current dispute lies within the scope of the agreement to arbitrate. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960.)
Plaintiff Henkes acknowledges that he entered into the 2/12/17 Employee Transfer Agreement. (Henkes Dec., par 2.)
The agreement he entered into with Tesla has an arbitration clause. The arbitration clause covers "any and all disputes, claims, or causes of action, in law or equity, arising from or relating to [Henkes's] employment, or the termination of [his] employment