Judge: Christopher K. Lui, Case: 23STUD03974, Date: 2023-10-05 Tentative Ruling

Case Number: 23STUD03974    Hearing Date: January 30, 2024    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  Counsel must contact the staff in Department 76 to inform the Court whether they wish to submit on the tentative, or to argue the matter.  As required by Rule 3.1308(a), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, the Court may adopt the tentative ruling as the final ruling.

            The Complaint alleges forcible entry, by failing to provide safe access to the leased office space due to chronically malfunctioning elevators, failing to provide access to Plaintiff’s media equipment and office space by changing the locks.

Defendant Ethos Society Ktown Holdings, LLC moves to compel arbitration and for a stay of the action.

TENTATIVE RULING

Defendant Ethos Society Ktown Holdings, LLC’s motion to compel arbitration is GRANTED.

The litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.) 

The Court sets a status conference for April 30, 2024 at 8:30 a.m. regarding the commencement of arbitration. The parties are expected to commence arbitration by that date.

ANALYSIS

Motion To Compel Arbitration and Stay Action

Request For Judicial Notice

            Defendant’s request that the Court take judicial notice of the Verified First Amended Complaint filed in this action is GRANTED per Evid. Code, § 452(d)(court records).

Discussion          

Defendant Ethos Society Ktown Holdings, LLC moves to compel arbitration and stay this action.

The Court first addresses whether Defendant waived the right to compel arbitration. Plaintiff filed the Complaint in this action on April 14, 2023, and the case was classified as limited civil. On April 26, 2023, Defendant filed a demurrer. On May 18, 2023, the Court ordered the case related to 23STCV06711, and ordered the case reclassified as a civil unlimited jurisdiction case. On July 26, 2023, the Court issued a ruling on Defendant’s demurrer and motion to strike. On August 9, 2023, Defendant filed the instant motion to compel arbitration. Thereafter, on August 25, 2023, Plaintiff filed a First Amended Complaint.

The Court finds that Defendant did not waive the right to arbitration by virtue of having filed a demurrer while the case was in limited civil. Under the procedural circumstances in this action, especially with the reclassification, the delay in filing the motion to compel was reasonable, and there is no indication that Plaintiff suffered prejudice in the form of a substantial expenditure of time and money on this litigation, or that Defendant gain an unfair advantage from the delay. (Bower v. Inter-Con Security Systems, Inc. (2014) 232 Cal.App.4th 1035, 1048.) 

In all other respects, the Court incorporates by reference its discussion in 23STCV06711. For the reasons discussed therein, the motion to compel arbitration is GRANTED and the litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.)

The Court sets a status conference for April 30, 2024 at 8:30 a.m. regarding the commencement of arbitration. The parties are expected to commence arbitration by that date.