BARCLAYS BANK DELAWARE vs. ANYA VALENTINE

DEPARTMENT SEVEN JUDGE TIM P. KAM 707-207-7307 TENTATIVE RULINGS SCHEDULED FOR TUESDAY, SEPTEMBER 8, 2026 The parties may appear via Zoom with the exception of trials, trial management conferences, order for examinations and mandatory settlement conferences. The information for the Zoom meeting is set forth below.

The tentative ruling shall become the ruling of the court unless a party desiring to be heard contacts the judicial assistant of the department hearing the matter by 4:30 p.m. on the court day preceding the hearing, and further advises that such party has notified the other side of its intention to request a hearing. A party requesting a hearing must notify all parties of the request to be heard by 4:30 p.m.

BARCLAYS BANK DELAWARE vs. ANYA VALENTINE Case No. CL25-07493

Petition to Compel Arbitration

Defendant’s petition to compel arbitration is granted.

Defendant has established that the parties agreed to arbitrate “any claim ... arising from or relating to” the cardmember agreement at the election of either party. (Decl. of Valentine, Exh. A.) Consequently, the burden shifted to Plaintiff to prove waiver or some other defense to the enforceability of the arbitration agreement. (Code Civ. Proc. § 1281.2; Engalla v. Permanente Med. Group, Inc. (1997) 15 Cal.4th 951, 972; Vasquez v. Greene Motors, Inc. (2013) 214 Cal.App.4th 1172, 1182.)

Plaintiff only claims that Defendant has waived the right to compel arbitration.

“To establish waiver under generally applicable contract law, the party opposing enforcement of a contractual agreement must prove by clear and convincing evidence that the waiving party knew of the contractual right and intentionally relinquished or abandoned it.” (Quach v. Cal. Commerce Club, Inc. (2024) 16 Cal.5th 562, 584.) Plaintiff has failed to do so. Plaintiff merely argues that Defendant filing an answer, serving written discovery requests, and waiting four months from filing the answer to file the motion to compel arbitration constitute conduct inconsistent with an intent to enforce the contractual right to arbitrate. Plaintiff presents no evidence establishing that Defendant was aware of the arbitration provision before filing the answer or before