Judge: Craig Griffin, Case: Lopez v. Avalon LP et al, Date: 2022-08-15 Tentative Ruling

Before the Court are: (1) The Motion to be Relieved as Counsel of Record, filed on 5/17/22 by Monica Graham of the Graham Law Firm (“Motion 1” below) as to the representation of Plaintiffs Christine Mary Lopez and Benjamin Bottini (together “Plaintiffs”); and (2) the Motion to Compel Arbitration and Stay Proceedings (“Motion 2 below”), filed on 5/25/22 as an ex parte application by Defendant Val-Chris Investments, Inc. (here “VCI”).

Motion 1 is conditionally GRANTED.  The Motion primarily complies with C.R.C. 3.1362, but the Proposed Order needs to be corrected, to show both of the clients’ last known addresses and phone numbers, to check Box 5(a), and to list any future hearing dates that may be set at the pending CMC.  Moving counsel is thus to promptly submit a revised Proposed Order which comports with the foregoing; the Motion will be granted upon approval thereof, with relief to be effective upon filing of a proof of service of that signed order on both of the clients. The Opposition filed by VCI does not compel a contrary conclusion. Moving counsel is to give notice of this ruling.

Motion 2 is DENIED.  VCI has presented evidence of an arbitration agreement between the parties, signed by both sides, which applies to the dispute between Plaintiff Lopez and VCI.  (Boulter Decl., Ex. 5.) Plaintiff Lopez has filed no Opposition, and thus does not dispute that this is so. However, there are a number of other defendants named in this action, along with an additional plaintiff identified in the FAC, Mr. Bottini, none of whom are parties to the arbitration agreement. The claims as to those other defendants arise out of related transactions and are sufficiently entwined with those directed to VCI to create the risk of conflicting rulings on common issues of law or fact if those asserted only by Plaintiff Lopez and directed only to VCI are to be arbitrated.  The Court thus finds that the Motion should be DENIED, in accordance with C.C.P. § 1281.2(c).  Counsel for VCI is to give notice of this ruling.