Phol vs. Synched, LLC

Defendants met their burden to show a written arbitration exists between the parties. (See Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [burden].) By its plain terms, the arbitration agreement here clearly and unmistakably delegates to the arbitrator the exclusive authority to resolve “any dispute relating to the interpretation, applicability, enforceability or formation of this agreement.” (See Najarro v. Superior Court (2021) 70 Cal.App.5th 871, 879-880; Pena Decl., Ex. B ¶ 1.) Plaintiffs failed to meet their burden to show the delegation clause is unconscionable or otherwise unenforceable. (Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 895 [“When determining whether a delegation clause is unconscionable, any claim of unconscionability must be specific to the delegation clause.”].)

Plaintiffs’ argument that Civil Code section 1953, subdivision (a)(4) renders the arbitration agreement void as against public policy and the arbitration agreement does not cover Plaintiffs’ claims go to the applicability, validity and enforceability of the arbitration agreement. Those issues are for the arbitrator to decide pursuant to the delegation clause.

The court sets a status conference re: arbitration for 2/22/27 at 8:45am in Dept. C24.

Defendants shall give notice.

314 Phol vs. The motion by attorney Christopher J. Keller to be Synched, LLC relieved as counsel for defendant Synched, LLC will be GRANTED, as set forth herein.

California Rules of Court, Rule 3.1362 sets forth the requirements for an attorney moving to withdraw. The motion and declaration complies with Rule 3.1362 and there is good cause to grant the motion.

However, the proposed order submitted by Mr. Keller is inaccurate because Para 7 lists the trial as the next hearing when there is a motion to be relieved scheduled for July 20, 1016.

Accordingly, the motion will be GRANTED upon submission of a corrected proposed order. The order will then become effective upon service of the resulting order on the client and filing same with the Court.

Mr. Keller shall give notice.