MOTION TO COMPEL DEPOSITION AND PRODUCTION OF DOCUMENTS
1. CASE # CASE NAME HEARING NAME GUZMAN VS HYUNDAI MOTION TO COMPEL DEPOSITION
MOTOR AMERICA AND PRODUCTION OF DOCUMENTS Tentative Ruling: Hearing Required
2. CASE # CASE NAME HEARING NAME MOTION TO COMPEL PRODUCTION GUZMAN VS HYUNDAI CVME2402958 OF PLAINTIFFS’ VEHICLE FOR MOTOR AMERICA INSPECTION Tentative Ruling: Hearing Required.
3. CASE # CASE NAME HEARING NAME J. VS CLASSIC COLLISION, CVME2512904 MOTION TO COMPEL ARBITRATION LLC Tentative Ruling: Motion to Compel Arbitration is granted. Case is stayed pending arbitration.
Upon the petition/motion of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v.
State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (CRC rule 3.1330; see also Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218–19.) The party seeking arbitration must prove the existence of the arbitration agreement. (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2015) 55 Cal.4th 223, 236.)
The burden then shifts to the opposing party to prove any defense such as unconscionability. (Id.)
“In ruling on a petition to compel arbitration, the trial court may consider evidence on factual issues relating to the threshold issue of arbitrability .... Parties may submit declarations when factual issues are tendered with a motion to compel arbitration.” (Engineers & Architects Assn. v. Community Development Dept. (1994) 30 Cal.App.4th 644, 653
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Federal and state policy favors arbitration such that “when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt