Judge: Colin Leis, Case: 22STCV40001, Date: 2023-10-25 Tentative Ruling

Case Number: 22STCV40001    Hearing Date: October 25, 2023    Dept: 74

Kataneh Hamidi v. Adrienne Synder, et al.

Motion to Compel Arbitration

The court considered the moving papers, opposition, and reply papers filed in connection with this motion.

Plaintiff Kataneh Hamidi and defendant Harry Bieker entered into a lease. The lease has an arbitration provision. (Goergen Decl., ¶ 7; Ex. D ¶ 35(B)). In December 2022, plaintiff filed a complaint against defendants Harry Galen Bieker – who signed the lease – and defendant Adrienne Snyder, who did not sign the lease.  Plaintiff’s first four causes of action (breach of contract, breach of covenant of good faith and fair dealing, breach of covenant of quiet enjoyment of premises, and wrongful eviction) in her first amended complaint arise from the lease. Thus, the court severs those four causes of action and orders plaintiff and Bieker to arbitrate them.

Plaintiff alleges a fifth cause of action for defamation against defendant Adrienne Snyder, who did not sign the lease and is not bound by the arbitration agreement. The court does not order that cause of action to arbitration. The court does not stay proceedings on the defamation cause of action because the defamation claim does not pose the risk of inconsistent rulings on a common issue of law or fact with the arbitrable lease-based causes of action.

Plaintiff alleges a sixth cause of action for intentional interference with prospective economic relationship against both defendants Bieker and Snyder. Because the arbitration agreement does not apply to Snyder, the court does not order that cause of action to arbitration. To avoid possible inconsistent rulings on a common issue of law or fact between the sixth cause of action and the first through fourth lease-based causes of action, the court stays for all purposes further proceedings on the sixth cause of action except defendants may demur to the sixth cause of action.