People of the State of California v. Benji

6 People of the Off calendar. State of California v. Benji

7 Simpson v. Defendants Paradigm Sports Management, LLC, and Paradigm MMA Paradigm Sports Management, LLC (collectively, the “Defendants” or “Paradigm Management, LLC Defendants”) move to compel Plaintiffs Timothy Simpson, Daniel Maudsley, and Chosen Advisory Gorup, LLC, to resume ongoing arbitration proceedings and to stay this action pending outcome of the parties’ arbitration. For the following reasons, the motion is DENIED.

Standard on Motions to Compel Arbitration

The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. (Little v. Pullman (2013) 219 Cal.App.4th 558, 565.) 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. (Ibid.) In these summary proceedings, the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court’s discretion, to reach a final determination. (Ibid.)

Pursuant to Civil Procedure Code section 1281.2, the court must grant the petition unless it finds that one of the exceptions applies: (1) that no written agreement to arbitrate exists; (2) that the right to compel arbitration has been waived; (3) that grounds exist for revocation of the agreement; or (4) that litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Code Civ. Proc., § 1281.2; Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218-219.)

The moving party bears the burden of alleging and proving the existence of a valid arbitration agreement by the preponderance of the evidence. (Little v. Pullman, supra, 219 Cal.App.4th at p. 565.) Rules of Court Rule 3.1330 states: A petition to compel arbitration or to stay proceedings pursuant to Code of Civil Procedure sections 1281.2 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The provisions must be stated verbatim or a copy must be physically or electronically attached to the petition and incorporated by reference. (Cal. Rules of Court, rule 1.1330; see also Condee v. Longwood Management Corp., supra, 88 Cal.App.4th at p. 218 [party seeking arbitration is required to allege existence of agreement to arbitrate].)

Application

Defendants do not prove the existence of a valid arbitration agreement covering the claims pled in this case.

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