Case Number: 19PSCV00623 Hearing Date: June 11, 2020 Dept: O
Defendants San Gabriel Valley Badminton Club and San Gabriel Valley Badminton Club II’s petition to compel arbitration is GRANTED.
Defendants San Gabriel Valley Badminton Club and San Gabriel Valley Badminton Club II (“Defendants”) petition to compel arbitration pursuant to Code of Civil Procedure section 1281.2.
A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.)
The petition to compel arbitration, consequently, functions as a motion and is to be heard in the manner of a motion, i.e., the facts are to be proven by affidavit or declaration and documentary evidence with oral testimony taken only in the court’s discretion. (CCP § 1290.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413-14.) Section 1281.4 provides, “if a court of competent jurisdiction… has ordered arbitration of a controversy… the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had.”
Defendants contend Plaintiff Gillian JingRan He (“Plaintiff”) entered into an agreement on or about August 30, 2018 to arbitrate any controversy or claim arising out of or relating to the membership agreement under the Uniform Rules for Better Business Bureau Arbitration. (Complaint, ¶ 13; McMullin Decl. ¶ 3, Ex. 1 at p.2.)
Plaintiff failed to file any evidence or argument in opposition to Defendants’ motion.
The Court finds that there exist a valid arbitration agreement that cover the claims asserted. (Bus. & Prof. Code § 17204.)
This motion, then, is granted.