Hendrix v. Ebay Inc.

Case: Hendrix v. Ebay Inc. Case No. CV2026-0240 Hearing Date: June 11, 2026 Department Fourteen 9:00 a.m.

Defendant eBay Inc.’s amended motion to compel arbitration and stay action is GRANTED. (Code Civ. Proc., § 1281 et seq.) “A party seeking to compel arbitration of a dispute bears the burden of proving the existence of an arbitration agreement, and the party opposing arbitration bears the burden of proving any defense, such as unconscionability.” (Jenks v. DLA Piper Rudnick Gray Cary US LLP (2015) 243 Cal.App.4th 1, 8.) Defendant has established the existence of an arbitration agreement between defendant and plaintiff Shannon Hendrix. (Ibid.; Code Civ.

Proc., § 1281.2; Conlin decl., ¶¶ 8-18, Exhibits A & B.) Further, plaintiff’s causes of action, in the first amended complaint (“FAC”), fall within the scope of the arbitration agreement. (Id., ¶¶ 4 & 8-9, Exhibit B, § 19; see FAC, ¶¶ 8, 21, 24, 28, 93-94, & 97-98.) Plaintiff has failed to show that a defense exists, which would prevent the Court from compelling arbitration. (See Jenks, supra, Cal.App.4th at p. 8; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.)

As to defendant eBay Inc., this case is stayed, pending the completion of arbitration. (Code Civ. Proc., § 1281.4.)

If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.

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