Cheng

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 TINGYU CHENG, Case No. 21-cv-03608-BLF

Plaintiff,

ORDER GRANTING MOTION TO

v. COMPEL ARBITRATION; GRANTING

IN PART REQUEST FOR COSTS

PAYPAL, INC., [Re: ECF No. 14] Defendant.

12 This case involves a dispute over Plaintiff Tingyu Cheng’s account held with Defendant PayPal, Inc. Cheng alleges that he held an account with PayPal to receive compensation from college students to whom he offered tutoring services. PayPal allegedly accused Cheng of receiving payments to his account in violation of PayPal’s Acceptable Use Policy, terminated Cheng’s account, and confiscated the $76,994.40 balance of the account as liquidated damages. PayPal has brought a motion to compel arbitration, arguing that Cheng agreed to a binding arbitration provision in PayPal’s User Agreement, and seeks the fees and costs it incurred in prosecuting an identical state court case brought by Cheng. See ECF No.…