Sanders vs. California Department of Transportation

unconscionability claims. (See Rent-A-Center, West, Inc. v. Jackson (2010) 561 U.S. 63, 70-71.) But procedural and substantive unconscionability here are not adequately shown. Defendants have shown that the Federal Arbitration Act (“FAA”) applies here, which Plaintiffs do not dispute. The FAA preempts claims which would invalidate any arbitration provision in a rental lease. (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 341.) The Addendum reasonably limits costs that Plaintiffs may incur to arbitrate. (Kerzie Decl., Ex. 1, ¶ 4.) Arguments as to the reasonableness of specific lease terms are issues to be addressed in the arbitration.

The Motion is therefore GRANTED. This action is stayed pending completion of the arbitration. The court sets a status conference re: arbitration for 3/29/27 at 8:45am in Dept. C24.

Defendants’ Request for Judicial Notice (ROA 40) is GRANTED as to Ex. A under Ev. Code §452(c), as to the existence of the record, but DENIED as to Ex. B.

Defendants shall give notice.

209 Sanders vs. Plaintiff Marvin Sanders’ motion to strike California defendant Robert Betha’s demurrer is DENIED. Department of Transportation While the demurrer was untimely filed, there is no evidence of bad faith or prejudice to Plaintiff. As such, the Court will exercise its discretion to consider the demurrer. (Code of Civ. Proc. § 436; Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.)

The court continues the CMC from 7/6/26 to 7/20/26 at 1:30pm.

Defendant shall give notice.