In the Matter of Meyer, Olson, Lowy & Meyers, LLP v. Scott Gladstone

BMW North America, LLC to give notice of this ruling. IT IS SO ORDERED. DATED: August 19, 2026 _____________________________ Robert B. Broadbelt III Judge of the Superior Court

Court of California County of Los Angeles - Central District Department 513 Meyer, Olson, Lowy & Meyers, LLP; Petitioner, vs. Scott Gladstone; Respondent. | Case No.: |

| | | Hearing Date: | August 19, 2026 | | | Time: | 10:00 a.m. | | | [Tentative] Order RE: Petition to Compel Arbitration and Appoint Arbitrator

| MOVING PARTY: Petitioner Meyer, Olson, Lowy, & Meyers, LLP RESPONDING PARTY: No response Petition to Compel Arbitration and Appoint Arbitrator The court considered the moving papers filed in connection with this petition.

DISCUSSION Petitioner Meyer, Olson, Lowy, & Meyers, LLP ("Petitioner") petitions the court for an order (1) compelling respondent Scott Gladstone ("Respondent") to submit the parties' dispute concerning Petitioner's claim for fees to binding arbitration, and (2) appointing an arbitrator.

"' "The party seeking to compel arbitration bears the burden of proving the existence of an arbitration agreement, while the party opposing the petition bears the burden of establishing a defense to the agreement's enforcement." '" ¿ (Beco v. Fast Auto Loans (2022) 86 Cal.App.5th 292, 302.)

To determine the existence of an arbitration agreement, the court uses " a three-step burden-shifting process. " ¿ (Iyere v. Wise Auto Group (2023) 87 Cal.App.5th 747, 755.) ¿ " The arbitration proponent must first recite verbatim, or provide a copy of, the alleged agreement. ¿ [Citations.] ¿ A movant can bear this initial burden ' by attaching a copy of the arbitration agreement purportedly bearing the opposing party ' s signature. '" ¿ (Ibid. [internal citations omitted].) ¿ " If the movant bears its initial burden, the burden shifts to the party opposing arbitration to identify a factual dispute as to the agreement ' s existence . . . . " ¿ (Ibid.) ¿ If the opposing party meets its burden to " submit sufficient evidence to create a factual dispute " as to the existence of the agreement, the burden shifts back to the arbitration proponent, who retains the ultimate burden of proving its existence by a preponderance of the evidence. ¿ (Ibid.; Gamboa v.

Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165-166.) ¿¿¿

First, the court finds that Petitioner has met its burden to prove the existence of an arbitration agreement to arbitrate the parties' dispute concerning Petitioner's claim for fees by presenting a copy of the signed arbitration agreement in its Petition. (Petition, Ex. A.)

Second, the court finds that Respondent has not met his burden to identify a factual dispute as to the arbitration agreement's existence. The court also finds that Respondent has not met his burden of establishing a defense to enforcement of the arbitration agreement. The court therefore grants the petition to compel arbitration. (Code Civ. Proc., Sec.1281.2.)

Petitioner also requests that the court appoint an arbitrator. The appointment of an arbitrator is governed by Code of Civil Procedure section 1281.6. Pursuant to section 1281.6, the court nominates the following five persons from lists of persons supplied by the parties: Hon. Hank Goldberg (Ret.), Hon. Scott Gordon (Ret.), Hon. Margo Hoyt (Ret.), Hon. Thomas Trent Lewis (Ret.), and Hon. Roy Paul (Ret.). [1] (Petition, filed December 22, 2025, p, 2:17-20.)

The parties may within five days of receipt of notice of the court's nominees set forth above jointly select the arbitrator whether or not the arbitrator is among the nominees. (Code Civ. Proc., Sec. 1281.6.) If the parties fail to select an arbitrator within the five-day period, either party may file an ex parte application with the court to request that the court appoint the arbitrator from the nominees pursuant to section 1281.6.

ORDER The court GRANTS petitioner Meyer, Olson, Lowy, & Meyers, LLP's petition to compel arbitration. The court orders petitioner Meyer, Olson, Lowy, & Meyers, LLP and respondent Scott Gladstone to arbitrate the parties' dispute concerning Petitioner's claim for fees pursuant to the petition filed December 22, 2025. The court orders petitioner Meyer, Olson, Lowy, & Meyers, LLP to give notice of this ruling. IT IS SO ORDERED. DATED: August 19, 2026 _____________________________ Robert B. Broadbelt III Judge of the Superior Court

[1] Respondent did not provide a list of persons he requests the court to appoint as arbitrator. | Home -->)" -->