17-CIV-05783 RICHARD CARON vs. VERITY HEALTH SYSTEM OF

CALIFORNIA, et al.

RICHARD CARON Joseph K. Bravo

VERITY HEALTH SYSTEM OF CALIFORNIA SUSAN OSTER FISH

defendant’S motion to compel BINDING ARBITRATION AND REQUEST FOR STAY OF THIS ACTION

TENTATIVE RULING:

The Motion to Compel Arbitration brought by defendant GHC of Daly City 239, LLC dba St. Francis Convalescent Pavilion is granted. Pending the outcome of arbitration, this case shall be stayed. The motion is unopposed.

Once a lawsuit has commenced, a party may seek to compel arbitration via either a motion or a petition. Knight, et al., Cal. Prac. Guide: Alternative Dispute Resolution (The Rutter Group, 2017) ¶ 5:301. While a formal demand for arbitration is usually required before a petition to compel arbitration can be granted, “if the other responding party has filed a lawsuit that effectively establishes that it refuses to arbitrate, the formal demand is unnecessary.” Knight, et al., Cal. Prac. Guide: Alternative Dispute Resolution (The Rutter Group, 2017) ¶ 5:306, citing Hyunday Amco America, Inc. v. S3H, Inc. (2014) 232 Cal.App.4th 572, 574, 576-578. Here, Plaintiff has already filed a lawsuit such that a formal demand is unnecessary.

Defendant St. Francis has established the existence of an arbitration agreement. See Decl. of Madayag, ¶ 3 and Ex. A thereto. Also, while the allegations of the complaint are not entirely clear as to their timeline, any doubts regarding arbitrability are to be resolved in favor of arbitration. Retail Clerks Union, Local 775 v. Purity Stores, Inc. (1974) 41 Cal.App.3d 225, 231. As the motion is unopposed, the Court finds that there is sufficient evidence here to compel arbitration.