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Photo of Butte County Superior

Court

Butte County Superior

California

View Court Profile

Case Information

Filed 2024-06-17
Status Closed
Type (15) Unlimited Other Employment
Docket 49 entries
Disposition notice of entry of judgment

Parties

Plaintiff Hall, Jessica|View Document Defendant Youth For Change's Answer To 's Complaint|View Document Jessica Hall's Opposition To Defendant's Petition To Compel Arbitration And Stay|View Document Declaration Of Jessica Hall In Opposition To Defendant's Petition To Compel Arbitration|View Document Jessica Hall's Evidentiary Objections In Support Of Her Opposition To Defendant's Petition|View Document Reply To Objections To Evidence In Support Of Defendant's Reply To 's Opposition|View Document Defendant's Objections To Evidence Submitted In Support Of 's Opposition
Defendant Youth For Change|View Document Youth For Change's Answer To Plaintiff's Complaint|View Document Memorandum Of Points & Authorities In Support Of 's Petition To Compel Arbitration|View Document Declaration Of Poliquin In Support Of 's Petition To Compel Arbitration & Stay Proceedings|View Document Declaration Of Coutolenc In Support Of 's Petition To Compel Arbitration & Stay Proceedings|View Document Declaration Of Wit In Support Of 's Petition To Compel Arbitration & Stay Proceedings|View Document Plaintiff Jessica Hall's Opposition To 's Petition To Compel Arbitration And Stay|View Document Declaration Of William Wilkinson In Opposition To 's Petition To Compel Arbitration|View Document Declaration Of Plaintiff Jessica Hall In Opposition To 's Petition To Compel Arbitration|View Document Plaintiff Jessica Hall's Evidentiary Objections In Support Of Her Opposition To 's Petition|View Document Memorandum Of Points And Authorities In Support Of Reply To Opposition To 's Petition|View Do
Photo of Hon. Mosbarger Tamara L

Judge

Hon. Mosbarger Tamara L

Butte County (CA)

California

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Lawyers

Docket Entries

  1. Case Management Conference View Document Joint Status Report Judicial Officer Mosbarger, Tamara L Hearing Time 10:30 AM Cancel Reason Vacated Comment Continued from 3/19/2025 for Status of Settlement
  2. Summons Issued and Filed View Document Summons
  3. Complaint View Document Complaint
  4. Cause Of Action Action Intentional Tort File Date
  5. Cause Of Action Action Intentional Tort File Date
  6. Cause Of Action Action Intentional Tort File Date
  7. Cause Of Action Action Intentional Tort File Date
  8. Cause Of Action Action Intentional Tort File Date
  9. Cause Of Action Action Intentional Tort File Date
  10. Cause Of Action Action Intentional Tort File Date
  11. Cause Of Action Action Intentional Tort File Date
  12. Notice of Assignment and Case Management Conference View Document Notice of Assignment and Case Management Conference Judicial Officer Mosbarger, Tamara L
  13. Proof of Mailing View Document Proof of Mailing
  14. Proof of Service Served
  15. Notice View Document Notice of Case Assignment and Initial Case Management Conference Comment Notice of Case Assignment and Initial Case Management Conference
  16. Proof of Service of Summons Filed View Document Proof of Service of Summons/Complaint
  17. Answer - Response - Denial - Unlimited View Document Defendant Youth for Change's Answer to Plaintiff's Complaint Comment Defendant Youth for Change's Answer to Plaintiff's Complaint
  18. Memorandum of Points and Authorities View Document Memorandum of Points & Authorities in Support of Defendant's Petition to Compel Arbitration Comment Memorandum of Points & Authorities in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings
  19. Declaration View Document Declaration of Poliquin in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings Comment Declaration of Poliquin in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings
  20. Declaration View Document Declaration of Coutolenc in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings Comment Declaration of Coutolenc in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings
  21. Declaration View Document Declaration of Wit in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings Comment Declaration of Wit in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings
  22. Notice View Document Notice of Petition & Petition to Compel Arbitration & Stay Proceedings Comment Notice of Petition & Petition to Compel Arbitration & Stay Proceedings
  23. Motion - Fee View Document Petition to Compel Arbitration & Stay Proceedings Comment Petition to Compel Arbitration & Stay Proceedings
  24. Opposition - No Fee View Document Plaintiff Jessica Hall's Opposition to Defendant's Petition to Compel Arbitration and Stay Comment Plaintiff Jessica Hall's Opposition to Defendant's Petition to Compel Arbitration and Stay Proceedings
  25. Declaration View Document Declaration of William Wilkinson in Opposition to Defendant's Petition to Compel Arbitration Comment Declaration of William Wilkinson in Opposition to Defendant's Petition to Compel Arbitration and Stay Proceedings
  26. Declaration View Document Declaration of Plaintiff Jessica Hall in Opposition to Defendant's Petition to Compel Arbitration Comment Declaration of Plaintiff Jessica Hall in Opposition to Defendant's Petition to Compel Arbitration and Stay Proceedings
  27. Objection - No Fee View Document Plaintiff Jessica Hall's Evidentiary Objections in Support of Her Opposition to Defendant's Petition Comment Plaintiff Jessica Hall's Evidentiary Objections in Support of Her Opposition to Defendant's Petition to Compel Arbitration and Stay Proceedings
  28. Proof of Service View Document Proof of Service
  29. Memorandum of Points and Authorities View Document Memorandum of Points and Authorities in Support of Reply to Opposition to Defendant's Petition Comment Memorandum of Points and Authorities in Support of Reply to Opposition to Defendant's Petition and Petition to Compel Arbitration and Stay Proceedings
  30. Reply View Document Reply to Objections to Evidence in Support of Defendant's Reply to Plaintiff's Opposition Comment Reply to Objections to Evidence in Support of Defendant's Reply to Plaintiff's Opposition to Defendant's Petition and Petition to Compel Arbitration and Stay Proceedings
  31. Objection - No Fee View Document Defendant's Objections to Evidence Submitted in Support of Plaintiff's Opposition Comment Objections to Evidence Submitted in Support of Plaintiff's Opposition to Defendant's Petition and Petition to Compel Arbitration and Stay Proceedings
  32. Petition Hearing Original Type Petition Hearing View Document Memorandum of Points & Authorities in Support of Defendant's Petition to Compel Arbitration View Document Declaration of Poliquin in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings View Document Declaration of Coutolenc in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings View Document Declaration of Wit in Support of Defendant's Petition to Compel Arbitration & Stay Proceedings View Document Notice of Petition & Petition to Compel Arbitration & Stay Proceedings View Document Petition to Compel Arbitration & Stay Proceedings View Document Plaintiff Jessica Hall's Opposition to Defendant's Petition to Compel Arbitration and Stay View Document Declaration of William Wilkinson in Opposition to Defendant's Petition to Compel Arbitration View Document Declaration of Plaintiff Jessica Hall in Opposition to Defendant's Petition to Compel Arbitration View Document Plaintiff Jessica Hall's Evidentiary Objections in Support of Her Opposition to Defendant's Petition View Document Proof of Service View Document Memorandum of Points and Authorities in Support of Reply to Opposition to Defendant's Petition View Document Reply to Objections to Evidence in Support of Defendant's Reply to Plaintiff's Opposition View Document Defendant's Objections to Evidence Submitted in Support of Plaintiff's Opposition View Document Civil Minutes Judicial Officer Mosbarger, Tamara L Hearing Time 9:00 AM Result Held Comment Defendant's Petition to Compel Arbitration & Stay Proceedings Parties Present Plaintiff Attorney: Han, Douglas Defendant Attorney: Haynes, Derek Joseph
  33. Tentative Ruling Comment Plaintiff's Evidentiary Objection is overruled. Defendant's Evidentiary Objections are overruled. The Court finds that the Federal Arbitration Act applies to any "contract evidencing a transaction involving commerce" which contains an arbitration clause, especially when the parties to the Agreement specifically incorporate the FAA to govern the applicable agreement. 9 U.S.C. 2; see also Victrola 89, LLC v. Jaman Properties 8 LLC (2020) 46 Cal.App.5th 337, 345-48. Victrola directly held that "when an agreement provides that its enforcement shall be governed by the FAA, the FAA governs a party's motion to compel arbitration." Victrola, supra, 46 Cal.App.5th at p. 346. Here, the Arbitration Agreement states at Paragraph 8 that "[t]his Agreement shall be governed by and interpreted under the Federal Arbitration Act." As such, the FAA governs and the Court declines to consider the four-factor test set forth in Gentry v. Superior Court (2007) 42 Cal.4th 443. Defendant's Petition to Compel Arbitration and Stay Proceedings is GRANTED. Plaintiff's alternative request for leave to amend to state a single cause of action under Labor Code 299 is denied based on the Court's finding that the applicable law governing the Agreement is the FAA. The Court vacates the Case Management Conference on December 11, 2024 and sets this matter for a Review Hearing as to the status of arbitration, for March 19, 2025 at 10:30 a.m. Counsel are directed to file a Status Report on or before March 12, 2025.The Court will sign the form of order submitted by counsel.
  34. Minute Order View Document Civil Minutes
  35. Case Under Submission for Decision Judicial Officer Mosbarger, Tamara L
  36. Ruling View Document Ruling on Petition to Compel Arbitration and Stay Proceedings Judicial Officer Mosbarger, Tamara L Comment Ruling on Petition to Compel Arbitration and Stay Proceedings
  37. Proof of Mailing View Document Proof of Mailing
  38. Returned Mail View Document Returned Mail Comment Ruling on Petition to Compel Arbitration and Stay Proceedings; Remailed to 2180 Harvard Street, Suite 500, Sacramento CA 95815 on 9/26/2024
  39. Case Management Conference View Document Complaint View Document Notice of Assignment and Case Management Conference View Document Proof of Mailing View Document Notice of Case Assignment and Initial Case Management Conference View Document Proof of Service of Summons/Complaint View Document Defendant Youth for Change's Answer to Plaintiff's Complaint Judicial Officer Mosbarger, Tamara L Hearing Time 10:30 AM Cancel Reason Vacated
  40. Case Management Statement View Document Joint Status Report Comment Joint Status Report
  41. Notice of Remote Appearance View Document Notice of Remote Appearance
  42. Review Hearing Original Type Review Hearing View Document Ruling on Petition to Compel Arbitration and Stay Proceedings View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 10:30 AM Result Held Comment Status of Arbitration Parties Present Plaintiff Attorney: Han, Douglas Defendant Attorney: Haynes, Derek Joseph
  43. Minute Order View Document Civil Minutes
  44. Request View Document Request for Dismissal Comment Request for Dismissal
  45. Declaration View Document Declaration of Douglas Han in Support of Request for Dismissal Comment Declaration of Douglas Han in Support of Request for Dismissal
  46. Proof of Service View Document Proof of Service
  47. Order View Document Order Granting Request for Dismissal Judicial Officer Mosbarger, Tamara L Comment Order Granting Request for Dismissal
  48. Proof of Mailing View Document Proof of Mailing
  49. Notice of Entry of Judgment, Order or Ruling View Document Notice of Entry of Order

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