Kerns vs. Burch

of action remains viable, punitive damages may be recoverable pursuant to said claim. (Civ. Code § 3294(a).)

The 8/24/26 CMC is continued to 10/5/26 at 8:45am.

Plaintiff shall give notice.

310 Santos vs. Defendants Acacio Fertility Center, Inc., Brian Acacio Fertility David Acacio, M.D., Brian David M.D., APC and Center, Inc. John Scodras, PhD’s motion to admit counsel Kim M. Schmid to appear pro hac vice is GRANTED.

Counsel has submitted a verified application that complies with the requirements of California Rules of Court, rule 9.40.

The 8/24/26 CMC shall remain on calendar.

Defendants shall give notice.

311 Kerns vs. Burch The motion to compel arbitration filed by defendants Burch Shepard Family Law Group, APC and Robert Brett Burch (Defendants) is GRANTED. (Code Civ. Proc., § 1281.2.)

Plaintiff Bryan Kerns shall submit his claims against the Defendants to binding arbitration pursuant to the arbitration agreement set forth in Paragraph 6(A) of the Attorney-Client Retainer Agreement attached as Exhibit A to the declaration of Robert Burch.

Defendants met their burden to show a written arbitration agreement that covers plaintiff’s claims. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Ex. A; para. 6(A).) While plaintiff argues the Defendants never made a demand to arbitrate, “[t]he statute does not include a requirement that the petitioning party have made

a demand for arbitration, only that the other party has refused to arbitrate. Arbitration can be refused without a formal demand ever having been made. [Plaintiff’s] filing of a lawsuit rather than commencing arbitration proceedings as required by the agreement affirmatively establishes [Plaintiff’s] refusal to arbitrate the controversy.” (Hyundai Amco Am., Inc. v. S3H, Inc. (2014) 232 Cal. App. 4th 572, 577-578.)

All of plaintiff’s causes of action “arise[] out of” or are “in connection with” the Defendants’ representation of plaintiff pursuant to the Attorney-Client Retainer Agreement. (Ex. A; see EFund Capital Partners v. Pless (2007) 150 Cal.App.4th 1311, 1322.) Plaintiff did not meet his “heavy burden” to show defendants waived the right to compel arbitration. (Saint Agnes Med. Ctr. v. PacificCare of Cal. (2003) 31 Cal.4th 1187, 1195.)

Plaintiff did not meet his burden of showing both procedural and substantive unconscionability. (Wherry v. Award, Inc. (2011) 192 Cal.App.4th 1242, 1246.)

This action is STAYED pending completion of arbitration. (See Code Civ. Proc., § 1281.4.)

The Case Management Conference currently on calendar for 8/31/26 is vacated.

The court sets a status conference re binding arbitration for 6/1/27 at 8:45 am in Dept. C24. Parties shall submit a status report at least 5 court days before the next hearing.

Defendants shall give notice