Motion To Compel Arbitration And Stay Litigation
Matter on the LAW and MOTION / DISCOVERY CALENDAR FOR FRIDAY, JUL-24-2026. LINE 7. DEFENDANT ZIHUI TONG's Motion To Compel Arbitration And Stay Litigation.
Defendant Tong's motion to compel arbitration and stay is GRANTED.
By order entered on June 30, 2026, the court found that Uber and plaintiff entered into a binding arbitration agreement. The court denied nonsignatory Tong's joinder to that motion because his the joinder did not explain or argue a basis to allow him, a nonsignatory, to compel arbitration. That order also permitted him to renew his request. He has now done so.
Based on the above, the court concludes that plaintiff and Uber entered into an enforceable agreement to arbitrate that applies to this case. Plaintiff's complaint specifically alleges that Tong was acting as Uber's agent. (Complaint, MV-2(e).) Plaintiff is bound by this allegation and it provides a basis for defendant Tong to compel arbitration. "[A] plaintiff's allegations of an agency relationship among defendants is sufficient to allow the alleged agents to invoke the benefit of an arbitration agreement executed by their principal even though the agents are not parties to the agreement." (Thomas v.
Westlake (2012) 204 Cal.App.4th 605, 614-615; see also Dryer v. Los Angeles Rams (1985) 40 Cal.3d 406, 418 ["If, as the complaint alleges, the individual defendants, though not signatories, were acting as agents for the Rams, then they are entitled to the benefit of the arbitration provisions."].)
Plaintiff's subsequent dismissal of Uber does not eliminate the agreement to arbitrate.
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