ERIC BLICKENSTAFF ET AL VS. HYUNDAI MOTOR AMERICA ET AL

Matter on calendar for Thursday, August 20, 2026, Line 10, DEFENDANT HYUNDAI MOTOR AMERICA's Motion To Compel Binding Arbitration.

Defendant Hyundai Motor America's unopposed Motion To Compel Arbitration is GRANTED.

In Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, the court describes the three-step process to establish the existence of an agreement to arbitrate. The first step requires the party seeking arbitration to carry the initial burden of presenting prima facie evidence of a written agreement to arbitrate the controversy. "A party seeking arbitration can carry its initial burden by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature. The party seeking arbitration need not follow the normal procedures of document authentication and need only allege the existence of an agreement and support the allegation as provided in rule [3.1330]." (Ramirez v. Charter Communications, Inc. (2024) 102 Cal.App.5th 821, 831.)

"If that initial burden is met, the second step requires the party opposing arbitration to carry the burden of producing evidence to challenge the authenticity of the agreement. If the opposing party meets the burden of producing sufficient evidence, the third step requires the party seeking arbitration to prove by a preponderance of the evidence that the parties formed a valid contract to arbitrate their dispute." Ramirez v. Golden Queen Mining Co., LLC (2024) 102 Cal.App.5th 821, 830 (cleaned up).)

"If the opposing party meets its burden of producing evidence, then in the third step, the moving party must establish with admissible evidence a valid arbitration agreement between the parties. The burden of proving the agreement by a preponderance of the evidence remains with the moving party." (Gamboa, 72 Cal.App.5th at 165-166.)

Moving Defendant carried its initial burden presenting prima facie evidence of a written agreement to arbitrate the controversy. (See Ameripou Decl., Ex. 3; Rao Decl., Ex. 2.) The agreements appear to cover the disputes at issue. (See Compl., passim.)

Plaintiff, for his part, has not made any step two showing. Thus, the court finds the parties agreed to arbitrate the claims at issue.

Good cause appearing, Plaintiff's claims against Moving Defendant are ordered to arbitration and this action is stayed pending the outcome of arbitration proceedings. =(302/JMQ) | |