Solis v. Citibank, N.A.
- Proceeding
- district
- Area
- civil
- Panel
- Myron James Lorenz (author)
Analysis
The court reviewed a joint motion by the parties to submit all claims to binding arbitration and stay the action. The court granted the motion to arbitrate, denied the request to stay, and dismissed the action without prejudice.
| What the court decided | The model |
|---|---|
Joint Motion to Arbitrate granted“Insofar as the parties stipulate to submit to arbitration, the Joint Motion is granted.” | agree with court The parties jointly stipulated to arbitration, and the court correctly recognized its authority to enforce this agreement by ordering the claims to arbitration. |
Request to Stay Action denied“To the extent the parties stipulate to stay rather than dismiss this action, the Joint Motion is denied.” | agree with court Under Ninth Circuit precedent, when all claims are subject to arbitration, the court must either stay or dismiss the action. The court chose to dismiss, which is a permissible exercise of discretion. |
Action dismissed without prejudice“This action is dismissed without prejudice.” | agree with court Because all claims were sent to arbitration, the court properly dismissed the action without prejudice to allow for the confirmation or vacatur of the arbitration award. |
The order itself: sound — The order correctly applies the Ninth Circuit rule that a court may stay or dismiss an action when all claims are subject to arbitration. The court properly granted the arbitration stipulation and dismissed the case without prejudice, preserving the parties' rights to seek confirmation or vacatur of the award.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CARLOS SOLIS, Case No.: 22cv1941-L-MDD 12 Plaintiff, ORDER 13 v. [ECF No. 5] 14 CITIBANK, N.A., 15 Defendant. 16 17 Pending before the Court is Joint Motion and Stipulation to Arbitrate and Stay 18 Action. (ECF No. 5, “Joint Motion.”) The parties agree to submit all claims in this 19 action to binding arbitration. Insofar as the parties stipulate to submit to arbitration, the 20 Joint Motion is granted. To the extent the parties stipulate to stay rather than dismiss this 21 action, the Joint Motion is denied. A district court may either stay an action or dismiss it 22 when, as here, all claims raised in the action are subject to arbitration. Johnmohammadi 23 v. Bloomingdale’s, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014). 24 Accordingly, it is hereby ordered as follows: 25 1. The Joint Motion is granted in part and denied in part. 26 2. This action in its entirety is ordered to binding individual arbitration with the 27 American Arbitration Association and shall proceed pursuant to the terms of the 28 / / / / / 1 || arbitration provision contained in the credit card agreement attached as Exhibit A to the 2 || Joint Motion (ECF no. 5-1.) 3 3. This action is dismissed without prejudice. 4 4. This Order does not preclude either party from returning to court to confirm, 5 || vacate, or modify the arbitration award to the extent provided by law. 6 IT IS SO ORDERED. 7 8 ||Dated: January 17, 2023 1 fee fp 10 H . James Lorenz, United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28