BALDI VS BALDI BROS., INC.

1. CASE # CASE NAME HEARING NAME MOTION FOR BALDI VS BALDI BROS., CVRI2306850 SUCCESSOR/PERSONAL INC. REPRESENTATIVE Tentative Ruling: Unopposed Motion for Successor/Personal Representative is granted.

2. CASE # CASE NAME HEARING NAME MOTION INDIVIDUAL BALDI VS BALDI BROS., CVRI2306850 DEFENDANTS’ MOTION FOR INC. NONSUIT AND/OR JUDGMENT Tentative Ruling: Appearances required.

3. CASE # CASE NAME HEARING NAME RIVERA VS IDC PETITION TO COMPEL CVRI2506133 LOGISTICS INC. ARBITRATION Tentative Ruling: Defendants IDC Logistics, Inc. and Pro Staff Hire’s Motion to Compel Arbitration is denied.

EVIDENTIARY OBJECTIONS Plaintiff objects to ¶ 2 (employees were asked to sign the Arbitration Agreement), ¶ 3 (Plaintiff signed on June 22, 2024) and Exhibit 1 (the Arbitration Agreement) of the original Declaration of Fatima Juarez on the grounds of lack of foundation, lack of personal knowledge, failure to authenticate, and inadmissible hearsay. While the objections to the original declaration have facial merit, IDC/PSH submitted a Supplemental Declaration of Fatima Juarez with their reply, which cures each deficiency. (See Juarez Suppl.

Decl. ¶¶ 2–8.) Thus, the Court overrules the objections in light of the Supplemental Juarez Declaration, which establishes Juarez’s personal knowledge and foundation for each challenged fact, including that she was PSH’s sole representative at the June 22, 2024 orientation, personally delivered the agreement to Plaintiff, received Plaintiff’s signed packet and identification directly, and countersigned the agreement herself. (Id.)

Upon the petition of a party to an agreement to arbitrate, the court must compel arbitration unless it finds no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) The petition 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. (Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218–19.) This rule does not require the moving party to authenticate