SUNRISE VILLAGE MHC LLC vs GUZMAN, RIGO
Motion for Attorney's Fees/Costs
Motion type
Causes of action
Parties
Ruling
The Court finds that Moving Defendants have demonstrated by a preponderance of the evidence that Plaintiff signed the arbitration agreement at issue and that a valid arbitration agreement exists between the parties that covers the instant dispute. (Code of Civil Procedure section 1281.2 et seq).
The court further finds, based on Defendants' supplementary declaration, that Defendants have sufficiently authenticated. Plaintiff's signature on the arbitration agreement at issue. Notably, Defendants have established that Plaintiff received an onboarding email from Central Valley Human Resources Department directing Plaintiff to the hiring system; that she was expected to create credentials using her previously verified email and to create a unique password to access a secure portal; evidence of a detailed chronology of documents viewed and signed during onboarding; as well as evidence associating the activity with Plaintiff's email address and unique user ID. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836; Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047; Garcia v. Stoneledge Furniture LLC (2024) 102 Cal.App.5th 41.
Viewed in conjunction with Defendants' showing that Plaintiff electronically executed multiple onboarding documents on the same date within a close temporal frame and sequence, this evidence is sufficient to authenticate Plaintiff's electronic signature and distinguish this case from those in which arbitration was denied for lack of attribution. (See Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047.)
Plaintiff's procedural objections regarding timeliness and claimed extensions do not warrant denial of the motion. The motion was noticed and briefed in compliance with applicable rules, and there is no showing of waiver.
Accordingly, Defendants' motion is granted as to moving Defendants only. The action is STAYED pending completion of arbitration pursuant to Code of Civil Procedure section 1281.4. All requests for judicial notice are GRANTED. Evidentiary objections are OVERRULED as not material to the Court's rulings.
The following is the tentative ruling for a case calendared before Commissioner Richard D. Moths in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: UD-25-000054 - SUNRISE VILLAGE MHC LLC vs GUZMAN, RIGO - Defendant's Motion for Attorney's Fees/Costs - HEARING REQUIRED.
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