Mahram

Filed 8/19/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

PAYAM MAHRAM, B324405

Plaintiff and Respondent, Los Angeles County Super. Ct. No. 22STCV10339 v.

THE KROGER CO.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Elihu M. Berle, Judge. Affirmed. Law Offices of Todd M. Friedman, Todd M. Friedman, Adrian R. Bacon, and Meghan E. George for Plaintiff and Respondent. Davis Wright Tremaine, Jacob M. Harper, James H. Moon, and Peter K. Bae for Defendant and Appellant. ____________________ Payam Mahram used Instacart to get groceries delivered from the grocery store. Mahram sued a grocery store, but not Instacart, for an Instacart purchase where he claimed the grocer cheated him on price. The grocer moved to compel arbitration on the strength of a contract between Mahram and Instacart. The grocer did not sign this contract. The court denied the motion. We affirm. First, contrary to Mahram’s claim, Mahram did contract for arbitration—with Instacart—by signing up for its service. Second, the trial court, rather than the arbitrator,…