J MCCULLOUGH-WILSON VS. THE SALVATION ARMY ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC26635767 - August 26, 2026 Hearing date: August 26, 2026 Case number: CGC26635767 Case title: J MCCULLOUGH-WILSON VS. THE SALVATION ARMY ET AL Case Number: | | CGC26635767 | Case Title: | | J MCCULLOUGH-WILSON VS. THE SALVATION ARMY ET AL | Court Date: | | 2026-08-26 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Compel Arbitration And Order Dismissing Plaintiffs Claims Or In The Alternative To Stay All Civil Court Proceedings | Rulings: | | On the Law & Motion/Discovery calendar for August 26, 2026, line 6. DEFENDANT THE SALVATION ARMY'S Motion To Compel Arbitration And Order Dismissing Plaintiffs Claims Or In The Alternative To Stay All Civil Court Proceedings.

The unopposed motion to compel arbitration is granted and the court stays proceedings in this court pending arbitration. California courts have adopted a three-step process shifting the burden of producing evidence as to the existence of an arbitration agreement. (Ramirez v. Golden Queen Mining Company, LLC (2024) 102 Cal.App.5th 821, 830; Iyere v. Wise Auto Group (2023) 87 Cal.App.5th 747, 755.) The first step requires the moving party to present "prima facie evidence of a written agreement to arbitrate the controversy." (Ramirez, supra, 102 Cal.App.5th at p. 830.) If the moving party meets this initial burden, the second step requires the party resisting arbitration to identify a factual dispute as to the agreement's existence and present admissible evidence to support the existence of that factual dispute. (Id. at p. 832.)

Here, the Salvation Army meets its burden at the first step and plaitniff J. McCullough-Wilson does not oppose and presents no competing evidence. The court finds the parties entered into an arbitration agreement. McCullough-Wilson presents no argument or evidence that the agreement is not enforceable. The court accordingly enforces the agreement and stays this case in its entirety pending arbitration. (Code Civ. Proc., sec. 1281.4.)

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