1-25 of 327 results

CARRIE RILEY VS MORGAN STANLEY WEALTH MANAGEMENT ET AL

Nature of Proceedings: Motion: Compel Arbitration & Stay Judicial Proceedings; Motion: Stay Arbitration TENTATIVE RULING: For the reasons set forth herein, the motion of defendants Morgan Stanley Wealth Management and Emma Bridges to compel arbitration and to stay these judicial proceedings is grante...

...of action). The court severs plaintiffs� non-statutory claims (now stated as her ninth through fifteenth causes of action) and orders those claims to arbitration. The court denies defendants� motion to compel arbitration of plaintiffs� statutory claims (the first through eighth causes of action). The court grants defendants� motion to stay these proceedings as to the statutory claims pending disposition of the arbitra...

  • Hearing

    Apr 16, 2014

MARIO MORALES VS ANCON MARINE

Hearing Date: January 8, 2019 Calendar No.: 7 Case Name: Morales v. Ancon Marine, et al. Case No.: BC719498 Motion: Motion to Compel Arbitration Moving Party: Defendant Ancon Marine Responding Party: Plaintiff Mario Morales Tentative Ruling: The Motion to Compel Arbitration could be properly denied, absent the striking of its costs provisio...

...provision is stricken, the Motion to Compel Arbitration could properly be granted absent other compelling circumstances not yet fully addressed. The Court will take up these issues with counsel at the motion hearing. This is an action arising from Plaintiff’s employment as shop monitor and mechanic for Defendant. On August 27, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1...

  • Hearing

    Jan 8, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

TOMMY GAY VS DIAMOND MATTRESS COMPANY, INC., ET AL.

# 6. Tommy Gay v. Diamond Mattress Company, Inc., et al. Case No.: 19CMCV00049 Matter on calendar for: Motions to Compel Arbitration and Stay Proceedings Tentative ruling: Background This is a wrongful termination and discrimination action. Plaintiff Tommy Gay alleges violations of the Fair Employment and Housing Act (“FEHA”) an...

...reasons set forth below, the Court grants the motions. Standard Code of Civil Procedure § 1281.2 governs petitions to compel arbitration. A party to an alleged arbitration agreement may file a petition or motion with the trial court. If the court finds that an agreement exists, the court shall order arbitration unless: (1) The right to compel has been waived by the petitioner, or (b) grounds exist for resciss...

  • Hearing

    Sep 26, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

PAGE V. AEROTEK SCIENTIFIC, LLC

...Strike or Deny Jury Trial Demand on PAGA Claim Tentative Ruling: To grant defendant Aerotek’s motion to compel arbitration of plaintiff’s FEHA claims, and to stay those claims pending resolution of the arbitration. (Code Civ. Proc. §§ 1281.2; 1281.4.) However, the court intends to allow the PAGA claim to proceed in court without being stayed. To grant defendant Aerotek’s motion to strike plaintiff’s demand for ...

...agreement. Plaintiff has filed a notice of non-opposition to the motion to compel arbitration, so she does not deny that there is an agreement to arbitrate. Nor does she contend that the agreement does not cover the FEHA claims in the first amended complaint. However, she does contend that her PAGA claim is not arbitrable, and that the PAGA claim litigation should not be stayed even if the rest of the case goes to arb...

  • Hearing

    Apr 3, 2018

  • Type

    15 Unlimited - Other Employment

ZULEMA LOPEZ VILLEGAS VS MARIA INES CARMONA-FLORES

...to the First through Fifth, Seventh, Eighth, and Thirteenth through Seventeenth Causes of Action, and Eleventh and Eighteenth Causes of Action only as to Defendant Antelope Valley. The Motion to Compel Arbitration is DENIED as to all other claims and parties. Proceedings on the Sixth, Ninth, Tenth, and Twelfth Causes of Action, and the Eleventh and Eighteenth Causes of Action as to Proactive and Dr. Newman, are...

...October 18, 2019, Antelope Valley filed a Reply and a Declaration indicating the willingness of Proactive and Dr. Newman to arbitrate. Discussion MOTION TO COMPEL ARBITRATION On petition of a party to an arbitration agreement to arbitrate a controversy, a court must order the petitioner and respondent to arbitrate the controversy if it determines the arbitration agreement exists, unless (1) the petitioner has wai...

  • Hearing

    Oct 25, 2019

  • Type

    Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)

ELLAMIRA MARTINEZ VS ANITAS MEXICAN FOODS CORP

...al. Case No.: BC701895 Motion: Motion to Compel Arbitration Moving Party: Defendant Anita’s Mexican Foods Corp. Responding Party: Plaintiff Ellamira Martinez Tentative Ruling: The Motion to Compel Arbitration is granted. This is an action arising from Plaintiff’s employment with Defendant. On April 12, 2018, Plaintiff filed the operative Complaint alleging causes of action for (1) failure to provide lawfu...

... compel arbitration based on an arbitration agreement signed by Plaintiff encompassing the Complaint’s claims. (See Lugo Decl., Exhibit A.) Plaintiff opposes the Motion on the ground that the subject arbitration agreement is unconscionable. Plaintiff argues the agreement is substantively unconscionable because (1) it requires that arbitration fees be split by the parties despite that Plaintiff brings FEHA and...

  • Hearing

    Aug 2, 2018

  • Type

    Other Employment Complaint (General Jurisdiction)

MISHA KIM VS AAAZA, INC., A CALIFORNIA CORPORATION, ET AL.

...AAAZA’s motion to compel arbitration is GRANTED. Plaintiff is ordered to arbitrate her claims against defendants pursuant to the Arbitration Agreement. Plaintiff’s action is stayed pending the completion of arbitration. AAAZA is to provide notice. This action arises out of Plaintiff, Misha Kim (“Plaintiff”)’s employment with AAAZA, Inc. (“AAAZA”) from approximately March 22, 2016 to January 4, 2019. Plaintiff alleg...

...§ 1102.5 against all defendants, (11) intentional infliction of emotional distress, (12) “retaliation for engaging in protected activity” in violation of FEHA against AAAZA. AAAZA now moves to compel arbitration of Plaintiff’s claims against it. Plaintiff did not file an opposition. Because no opposition was filed, the court will grant the motion and compel arbitration if AAAZA meets its burden. “California ...

  • Hearing

    Feb 19, 2020

  • Type

    Other Employment Complaint Case (General Jurisdiction)

BREANNA CHAMBERS VS GARCIA FAMILY CONSULTING LLC ET AL

...violation of the FEHA; (9) unlawful retaliation in violation of the FEHA; (10) failure to take all reasonable steps necessary to prevent harassment, discrimination and/or retaliation in violation of the FEHA; and (11) wrongful termination in violation of public policy. On June 6, 2019, Plaintiff filed the subject Motion for Order Declaring Arbitration Agreement Void. On June 18, 2019, the Court granted P...

...employer’s motion to compel arbitration because the employer “breached its agreement with Brown by refusing to participate in the arbitration proceedings Brown initiated”; as such, the court refused to compel arbitration. (Id. at 1010-12.) As an initial matter, the Court is not bound by federal common law precedent established in Brown. Moreover, even if the Court were to consider the reasoning in Brown to be persuas...

  • Hearing

    Jun 27, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

SABRINA CEJA VS BAKKAVOR FOODS USA INC ET AL

...SERVICE: OK MOTION: Defendants’ Motion to Compel Arbitration and Stay Proceedings OPPOSITION: Timely filed February 28, 2019 REPLY: Timely filed January 24, 2019 RECOMMENDATION: The court DENIES the motion. Counsel for Plaintiff to give notice. This employment action discrimination and wrongful termination action arises in connection with Plaintiff Sabrina Ceja (“Ceja”)’s employment with Bakkavor Foods...

...third and fifth through tenth causes of action against Bakkavor and alleges the first, second, fourth and eleventh causes of action against both Defendants. Defendant Bakkavor filed a motion to compel arbitration that came to hearing on January 11, 2019. The court denied the prior motion without prejudice for Defendant’s failure to demonstrate that Plaintiff had agreed to arbitrate her claims against Defendant...

  • Hearing

    Mar 21, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

FRED BERALUS VS HONDA OF SANTA MONICA ET AL

...Defendant. Case No.: BC 672988 Hearing Date: November 8, 2018 [TENTATIVE] RULING RE: Defendant HONDA OF SANTA MONICA’S PETITION TO COMPEL ARBITRATION Defendant Honda of Santa Monica’s Petition to Compel Arbitration is GRANTED. FACTUAL BACKGROUND This is an employment discrimination case. The Complaint alleges as follows. Plaintiff Fred Beralus (“Beralus”) was employed by Defendants Honda of Santa Monica, First...

...VIOLATION OF FEHA; FAILURE TO PREVENT DISCRIMINATION HARASSMENT AND RETALIATION’IN VIOLATION OF FEHA; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Defendant Honda filed the present Petition to Compel Arbitration and Stay Proceedings on September 18, 2017. Beralus filed an Opposition on February 8, 2018. Honda filed a reply on February 15, 2018. Discussion OBJECTIONS Beralus objects to portions of the dec...

  • Hearing

    Nov 8, 2018

  • Type

    Wrongful Termination (General Jurisdiction)

JANE DOE VS STARBUCKS CORPORATION, ET AL.

...19STCV37388 Hearing Date: February 14, 2020 [TENTATIVE] RULING RE: Defendant STARBUCKS CORPORATION’S PETITION to Compel Arbitration and stay proceedings Defendant Starbucks Corporation’s Motion to Compel Arbitration is DENIED. FACTUAL BACKGROUND This is an action for employment discrimination, harassment, and retaliation. Plaintiff Jane Doe (“Doe”) alleges as follows. Doe, a minor, was hired by Starbucks Corpor...

...retention FEHA Wrongful termination FEHA failure to prevent discrimination, harassment, and retaliation Intentional infliction of emotional distress Starbucks filed the present Petition to Compel Arbitration on December 13, 2019. Doe filed an Opposition on January 31, 2020. Starbucks filed a Reply on February 6, 2020. Discussion PETITION TO COMPEL ARBITRATION On petition of a party to an arbitration ...

  • Hearing

    Feb 13, 2020

  • Type

    Wrongful Termination (General Jurisdiction)

JOSE PEREZ VS SANTA MONICA SEAFOOD COMPANY, A CORPORATION

# 7. Jose Perez v. Santa Monica Seafood Company Case No.: 19CMCV00231 Matter on calendar for: Motion to Compel Arbitration Tentative ruling: Background This is an employment action. Plaintiff Jose Perez alleges various employment related causes of action against Defendant Santa Monica Seafood Company. The Complaint co...

...Process, FEHA Retaliation, FEHA Disability Discrimination, Violation of Labor Code § 233, Violation of Labor Code § 98.6, Wrongful Discharge in Violation of Public Policy Defendant now moves to compel arbitration. Plaintiff opposes. For the reasons set forth below, the Court grants the motion. Standard Code of Civil Procedure § 1281.2 governs petitions to compel arbitration. A party to an alleged arbitratio...

  • Hearing

    Oct 31, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

RONALD TOBIN VS HILTON WORLDWIDE INC ET AL

Nature of Proceedings: Motion to Compel Arbitration & Dismiss/Alternatively Stay Matter Case: Ronald Tobin v. Hilton Worldwide, Inc., et al., Case No. 1438768 (Judge Sterne) Hearing Dat...

...Sterne) Hearing Date: March 17, 2014 Motion: Motion of Defendants to Compel Arbitration and to Dismiss or Stay Action Tentative Ruling: For the reasons set forth herein, the motion of defendants to compel arbitration is granted in part and denied in part. Pursuant to Code of Civil Procedure section 1281.2, plaintiff Ronald Tobin’s first, second, third, fourth and fifth causes of action as against defendant Hilton ...

  • Hearing

    Mar 17, 2014

DAVID VALLEJO VS VERSA PRODUCTS ET AL

...Laudadio Responding Party: Plaintiff Vallejo Notice: OK Tentative Ruling: The Motion to Compel Arbitration is granted. The action is dismissed without prejudice as to the parties participating in the arbitration pursuant to a reservation of jurisdiction by the Court to proceed if and as necessary with any appropriate enforcement or other proceedings herein. With respect to the parties subject to the Arbitrati...

...(5) violation of FEHA—failure to engage in timely good faith, interactive process, and (6) wrongful termination in violation of public policy. Motion to Compel Arbitration Defendants move to compel arbitration pursuant to an agreement entered into between the parties at the time Plaintiff’s hiring. The parties do not dispute the substantive applicability of the arbitration provision at hand. Instead, Plaint...

  • Hearing

    Jun 19, 2017

  • Type

    Wrongful Termination (General Jurisdiction)

JOSEFINA MARTINEZ VS HANES PROPERTIES LLC ET AL

...REALTY, INC., VALERIO VILLAGE, LLC, VALERIO VILLAGE APARTMENTS, LP, CASA BONITA APTS., and DOES 1 through 20, inclusive, Defendants. CASE NO.: BC686076 [TENTATIVE] ORDER RE: DEFENDANTS’ MOTION TO COMPEL ARBITRATION 8:30 a.m. April 11, 2018 Dept. 56 This is an action arising from Plaintiff Josefina Martinez’s employment with Defendants. On December 12, 2017, Plaintiff filed the operative Complaint alleging ca...

...competition. Defendants Hanes Properties, LLC, Hanes Investment Reality, Inc., Valerio Village, LLC, Valerio Village Apartments, LP, and Hanes-Casa Bonita, LLC move to compel arbitration pursuant to an arbitration provision in Plaintiff’s employment agreement (“Agreement”); the Agreement encompasses all claims asserted in the Complaint. (See Guzman-Juarez Decl., Exhibit A.) Plaintiff opposes the Motion, arguin...

  • Hearing

    Apr 11, 2018

  • Type

    Wrongful Termination (General Jurisdiction)

MARIA NIETO VS DEL MAR PARK LLC ET AL

...Date: March 4, 2019 [TENTATIVE] RULING RE: Defendant Del Mar Park, LLC’s Motion to Compel Arbitration. Defendant Del Mar Park, LLC’s Motion to Compel Arbitration and Jesse Alvarez’s joinder in that motion are GRANTED. FACTUAL BACKGROUND This is an action for sexual harassment and employment discrimination. The Complaint alleges as follows. Plaintiff Maria Nieto (“Nieto”) worked for Defendant Del Mar ...

...CODE § 6310: VIOLATION OF LABOR CODE § 1102.5: WRONGFUL TERMINATION IN VIOLATION OF PUBIC POLICY; NEGLIGENT HIRING, TRAINING, RETENTION AND SUPERVISION; SEXUAL BATTERY; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; VIOLATION OF THE RALPH CIVIL RIGHTS ACT. Del Mar filed the present Motion to Compel Arbitration on November 13, 2018. Jessie Alvarez file a joinder in the Motion to Compel Arbitration o...

  • Hearing

    Mar 4, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

JASON FLAD VS C & L REFRIGERATION CORPORATION

... ARBITRATION. Defendants’ Motion to Compel Arbitration is GRANTED as to the First through Ninth Cause of Actions. However, the court limits the application of the following provision: “The prevailing party in the arbitration proceeding shall be entitled to recover reasonable costs, including attorney’s fees, as determined by the arbitrator.” This provision is limited to be consistent with California law, that is, a prevai...

...January 4, 2017. DISCUSSION I. OBJECTIONS C&L’s Objections • Objections Nos. 1–29 are OVERRULED. • Objection No. 30 is SUSTAINED. II. MOTION TO COMPEL ARBITRATION On petition of a party to an arbitration agreement to arbitrate a controversy, a court must order the petitioner and respondent to arbitrate the controversy if it determines the arbitration agreement exists, unless (1) the petitioner has wai...

  • Hearing

    Jan 11, 2017

  • Type

    Other Employment Complaint (General Jurisdiction)

SONIA MIRANDA VS ALDEN ENTERPRISES, INC., ET AL.

...19STCV18861 Motion: Motion to Compel Arbitration Moving Party: Defendants Alden Enterprises, Inc. and ICC Convalescent Corp. Opposing Party: Plaintiff Sonia Miranda Tentative Ruling: The Motion to Compel Arbitration is granted. This is an action arising from Plaintiff’s employment as a certified nurse assistant for Defendants. On May 31, 2019, Plaintiff filed the operative Complaint for (1) FEHA harassment, disc...

...Enterprises, Inc. and ICC Convalescent Corp. seek to compel arbitration based on an arbitration provision within Plaintiff’s employment agreement encompassing the Complaint’s claims. Plaintiff opposes the Motion, arguing that the FAA does not apply and that the subject arbitration provision is unconscionable. As to Plaintiff’s first argument, even if the FAA does not apply, Plaintiff fails to explain the sig...

  • Hearing

    Dec 5, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

(NO CASE NAME AVAILABLE)

...al. MOVING PARTY: Defendants TWC Administration LLC and Charter Communications, Inc. OPPOSING PARTY: Plaintiff Rolando Sifuentes TRIAL DATE: None PROOF OF SERVICE: OK MOTION: Defendants’ Motion to Compel Arbitration OPPOSITION: Timely filed January 22, 2019 REPLY: Timely filed January 29, 2019 RECOMMENDATION: The court CONTINUES the hearing to March 6, 2019 to allow Plaintiff the opportunity to respond to Defe...

...in violation of the FEHA, and (6) wrongful termination in violation of public policy. Defendants now move to compel Plaintiff’s claims to arbitration and to stay this action pending completion of the arbitration. Plaintiff opposes the motion. “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. To further that policy, Cod...

  • Hearing

    Feb 5, 2019

PENNY CLEMMONS ESQ PHD VS PRICE POSTEL AND PARMA

...Court considered the motion of Price, Postel & Parma LLP’s to compel arbitration; the Court granted the motion on the condition that the plaintiff in the litigation, shall not have to incur costs of the arbitration proceeding in excess of $355 (plaintiff had maintained that AAA rules provided that plaintiff must share the costs of arbitration with defendant); the Court concluded that the arbitration provision wa...

...adjudication that plaintiff is not entitled to statutory rights/remedies under FEHA. Summary of the Motion On May 12 defendant filed a motion for equal division of arbitration costs and a request for judicial notice. The judicial notice seeks notice of the following: (1) Complaint for damages; (2) Opposition to defendant’s petition to compel arbitration and stay pending lit...

  • Hearing

    Jun 7, 2011

RICARDO MORALES VS GRUMA CORPORATION, ET AL.

...19STCV07237 Hearing Date: August 16, 2019 [TENTATIVE] RULING RE: Defendants Gruma corporation and Claudia Bolario’s Motion to Compel Arbitration Defendants Gruma corporation and Claudia Bolario’s Motion to Compel Arbitration is GRANTED. FACTUAL BACKGROUND This is an action for employment discrimination. The Complaint alleges as follows. Plaintiff Ricardo Morales (“Morales”) worked for Defendant Gruma Corporation (“Gruma...

...Retaliation CFRA Violation FEHA Failure to Engage in Good Faith Process FEHA Failure to Accommodate Unsafe Workplace Labor Code § 6300 Whistleblower Retaliation Labor Code § 1102.5 Intentional Infliction of Emotional Distress Wrongful Termination in Violation of Public Policy Defendants filed the present Motion to Compel Arbitration on June 14, 2019. Morales filed an Opposition on August 5, 2019. Discussion ...

  • Hearing

    Aug 16, 2019

  • Type

    Wrongful Termination (General Jurisdiction)

MENDOZA VS VALLEY PRIDE INC HEARING ON PETITION FOR COMPEL ARBITRATION AND STAY PROCEEDINGS BY VALLEY PRIDE INC

...Pride, Inc. and Ruben Becerra (“Defendants”) move the court for an order compelling Plaintiff Karla Mendoza (“Mendoza”) to arbitrate her claims against it and to stay the proceedings pending completion of arbitration pursuant to the FAA and CCP §§1281.2 and 1281.4 on the grounds that Mendoza entered into a valid arbitration agreement (“Agreement”) that requires arbitration of all disputes arising out of or related...

...severed. Mendoza also asserts that Defendants waived their right to compel arbitration and have not met their substantial burden of proof that there is a valid Agreement as Mendoza did not consent to Arbitration. In support of her opposition, Mendoza submitted the declaration of Attorney Michael Conway who declares that on May 29, 2019, Defendants requested by letter that Plaintiff arbitrate her claims, but P...

  • Hearing

    Jul 23, 2019

ROLANDO SIFUENTES VS CHARTER COMMUNICATIONS, LLC

...al. MOVING PARTY: Defendants TWC Administration LLC and Charter Communications, Inc. OPPOSING PARTY: Plaintiff Rolando Sifuentes TRIAL DATE: None PROOF OF SERVICE: OK MOTION: Defendants’ Motion to Compel Arbitration OPPOSITION: Timely filed January 22, 2019 REPLY: Timely filed January 29, 2019 RECOMMENDATION: The court CONTINUES the hearing to March 6, 2019 to allow Plaintiff the opportunity to respond to Defe...

...in violation of the FEHA, and (6) wrongful termination in violation of public policy. Defendants now move to compel Plaintiff’s claims to arbitration and to stay this action pending completion of the arbitration. Plaintiff opposes the motion. “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. To further that policy, Cod...

  • Hearing

    Feb 5, 2019

  • Type

    Other Employment Complaint Case (General Jurisdiction)

SALVADOR RAMIREZ VS ARAKELIAN ENTERPRISES INC ET AL

... Motion by Defendants Arakelian Enterprises, Inc. and Daniel Godoy to Compel Arbitration: GRANTED2. Motion by Defendants Arakelian Enterprises, Inc. and Daniel Godoy for Sanctions: DENIED 1. Motion to Compel Arbitration: Background As alleged in the Complaint, this action arises from Defendants Arakelian Enterprises, Inc. dba Athens Services (“Athens”) and Daniel Godoy (“Godoy”)’s alleged wrongful termin...

...individual claims against Athens. (Declaration of Adam C. Abrahms (“Abrahms Decl.”) ¶ 6, Ex. H.) Athens now moves to compel arbitration of Plaintiff’s FEHA and wrongful termination claims pursuant to the same arbitration agreement and moves for sanctions pursuant to Code of Civil Procedure, section 128.7 for Plaintiff’s filing of the subject Complaint. Discussion I. Legal Standard “California law reflects a strong ...

  • Hearing

    Nov 7, 2017

  • Type

    Wrongful Termination (General Jurisdiction)

DAWN SCHUCK VS VIKING RIVER CRUISES INC ET AL

...ANGELES - CENTRAL DISTRICT DAWN SCHUCK, Plaintiff, vs. VIKING RIVER CRUISES, INC., TRINET HR III, INC., and DOES 1-20, inclusive, Defendants. CASE NO.: BC714596 [TENTATIVE] ORDER RE: MOTION TO COMPEL ARBITRATION 8:30 a.m. December 20, 2018 Dept. 56 This is an action arising from Plaintiff’s employment with Defendants. On October 4, 2018, Plaintiff filed the operative First Amended Complaint (“FAC”) allegi...

...alleging causes of action for (1) FEHA discrimination, (2) FEHA failure to prevent discrimination, (3) wrongful termination in violation of public policy, (4) FEHA retaliation, (5) FEHA harassment, (6) FEHA failure to prevent harassment, (7) failure to pay overtime compensation, (8) failure to pay timely earned wages, (9) failure to pay timely earned wages upon separation of employment, (10) failure to p...

  • Hearing

    Dec 20, 2018

  • Type

    Wrongful Termination (General Jurisdiction)

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