Judge: Colin Leis, Case: 22STCV36174, Date: 2023-09-06 Tentative Ruling

Case Number: 22STCV36174    Hearing Date: September 6, 2023    Dept: 74

Phong Bin Hong v. Universal Shopping Plaza, et al.

Defendant’s Motion to Compel Arbitration and Stay Proceedings

The court considered the moving papers, opposition, reply.

TENTATIVE RULING

            The court grants the motion to compel because of the arbitration provision in the lease, which Plaintiff Phong Bin Hong signed.

BACKGROUND

            This action arises from a dispute between a landlord and tenant.

            On November 16, 2022, Plaintiff Phong Bin Hong (Plaintiff) filed a complaint against Defendant Universal Shopping Plaza (Defendant). In the complaint, Plaintiff alleges a cause of action for declaratory relief. The parties dispute whether the lease was extended.

            On December 29, 2022, Defendant filed this motion to compel arbitration.

DISCUSSION 

            In support of its motion, Defendant points to the arbitration provision in the lease, which Plaintiff signed. (Lee Decl., ¶ 2; Ex. A.) Under that provision, all disputes between Plaintiff and Defendant, except actions in unlawful detainer, are subject to arbitration. (Lee Decl., ¶ 2; Ex. A.) Plaintiff does not oppose the motion. But Plaintiff’s non-opposition is contingent on Defendant not pursuing an unlawful detainer action. However, Plaintiff has not provided any authority in support of its request.

CONCLUSION

                Based on the foregoing, the court grants Defendant’s motion to compel arbitration.

                Defendant is ordered to give notice of this ruling.