US BANK NATIONAL ASSOCIATION vs BARKHOY, RAMSIN

(Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal. 4 th 83). However, the provision that requires arbitration of disputes beyond those between Plaintiff and Defendant extending to Defendant's "officers, agents or other employees " is substantively unconscionable and without justification. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83; Cook v. Univ. of S. California, 102 Cal. App. 5th 312, 326-27).

The Court further finds that the parties' arbitration agreement is not permeated with unconscionability and is therefore enforceable. Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83; Cook v. Univ. of S. California, 102 Cal. App. 5th 312). The Court therefore exercises its discretion to sever said offending provision. (Civ Proc Code section Sec. 1670.5 (a); Carlson v. Home Team Pest Def., Inc., (2015) 239 Cal. App. 4th 619; Abramson v. Juniper Networks, Inc., (2004)115 Cal. App. 4th 638). Accordingly, said agreement shall only provide for arbitration of disputes between Plaintiff and Defendant.

Therefore, Defendant's application is hereby granted. Plaintiff's individual Private Attorney General Action (PAGA) claim is hereby ordered to arbitration. Plaintiff's representative Private Attorney General Action (PAGA) claim is hereby stayed pending the conclusion of said arbitration. (9 U.S.C.A. Sec. 3; Adolph v Uber Techs Inc. (2023) 14 Cal.5 th 1104, Code of Civil Procedure, Sec. 1281.4).

CV-25-008095 -US BANK NATIONAL ASSOCIATION vs BARKHOY, RAMSIN - Plaintiff's Motion to Vacate Dismissal Without Prejudice and to Enter Judgment Pursuant to CCP 664.6 - GRANTED.

Pursuant to the Settlement Agreement between the parties of December 2025, and Defendant's failure to timely pay the sums due under said agreement, the Court finds that Defendant is currently in default of said agreement entitling Plaintiff to all outstanding sums under said agreement Plaintiff's motion is accordingly granted. The Court's dismissal order of December 12, 2025, is hereby set aside and vacated. Crediting Defendant with the sum of $675.70, paid pursuant to said agreement and including costs and fees, judgment is hereby entered for Plaintiff against Defendant for $5,591.89. (Code of Civil Procedure Sec. 664.6; Harris v. Rudin, Richman & Appel, (1999) 74 Cal. App. 4th 299).