Texas Civil Practice & Remedies Code §171.021 provides in part that when a party denies the existence of an agreement to arbitrate, the court shall summarily determine that issue.
Stephanie Sotero Hernandez and Mayra Naomi Salazar were entertainers at Baby Dolls Saloon – Dallas (“Club”). Ms. Sotero left the Club with Ms. Salazar and was a passenger in a car being drive by Ms. Salazar when a high-speed crashed occurred. Ms. Sotero died at the crash scene. Ms. Sotero’s estate alleged Baby Dolls served Salazar “excessive amounts of alcohol” even after they were aware she was “clearly intoxicated.”
Ms. Sotero’s estate sued in court for negligence, gross negligence, and violation of the Texas Dram shop Act.
The Club moved to arbitrate the dispute.
The trial court denied a motion to compel observing the terms “Agreement" and "License" in a writing between the parties are treated separately in some instance but are specifically combined in others. Rather than merely presenting an ambiguity that could potentially be resolved by reconciling particular conflicting provisions, this disparity precludes certainty and definiteness as to the meaning of those two terms throughout the contract, including the arbitration provision.
The Dallas Court of Appeals affirmed concluding the trial court could have properly determined there was no meeting of the minds "with respect to the subject matter of the agreement and all its essential terms". Baby Dolls Topless Saloons, Inc. v. Sotero (Tex. App. 2020).
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