AMERICAN EXPRESS NATIONAL BANK VS. ANGELO CARAS A/K/A CREATOR MAREKETER ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC26636771 - September 8, 2026 Hearing date: September 8, 2026 Case number: CGC26636771 Case title: AMERICAN EXPRESS NATIONAL BANK VS. ANGELO CARAS A/K/A CREATOR MAREKETER ET AL Case Number: | | CGC26636771 | Case Title: | | AMERICAN EXPRESS NATIONAL BANK VS. ANGELO CARAS A/K/A CREATOR MAREKETER ET AL | Court Date: | | 2026-09-08 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion Of Defendant Angelo J. Cartas To Compel Arbitration And Stay Proceedings; Memorandum Of Points And Authorities | Rulings: | | On the Law & Motion/Discovery calendar for September 8, 2026, line 12. DEFENDANT ANGELO CARTAS' Motion To Compel Arbitration And Stay Proceedings.

Defendant's motion to compel arbitration and stay this case is GRANTED. "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.)

In this case, defendant establishes that the parties entered into an enforceable arbitration agreement. Plaintiff's standard cardmember agreement provides that either party "may elect to resolve any claim by individual arbitration." (Cartas Decl., Ex. A.) Per the agreement, the parties shall arbitrate in front of the American Arbitration Association ("AAA") because defendant (the electing party) chooses that forum.

Plaintiff's argument that defendant must file a claim with AAA to commence the arbitration process does not make sense. Plaintiff brought the "claim" against defendant and defendant is not currently seeking affirmative relief. In other words, defendant has no "claim" to file. Plaintiff is in the best position to commence the arbitration process and describe the dispute and monetary relief sought. There is no basis for this court to set a status conference. AAA shall resolve the arbitration fee issues.

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