Judge: Edward B. Moreton, Jr., Case: 22SMCV00429, Date: 2022-12-07 Tentative Ruling
Case Number: 22SMCV00429 Hearing Date: December 7, 2022 Dept: 200
SANTORINI PROPERTY LLC,
Plaintiff, v.
M.W. HIGGINS CONSTRUCTION, INC., et al., Defendants. | Case No.: 22SMCV00429 Hearing Date: December 7, 2022 [TENTATIVE] ORDER RE: DEFENDANT MEHRAN MOTTAHEDEH’S MOTION TO COMPEL ARBITRATION
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MOVING PARTY: Defendant Mehran Mottahedeh
RESPONDING PARTY: Plaintiff Santorini Property LLC
This is a construction defect case. Plaintiff Santorini Property LLC is the owner of a home located at 10560 Clarkson Road, Los Angeles, CA 90064 (the “Property”). Plaintiff entered into contracts with Defendants Mehran Mottahdeh and M.W. Higgins Construction, Inc., to perform work on the Property. Plaintiff claims Defendants performed defective work and charged additional costs beyond the agreed-upon scope of work. The Complaint alleges claims for (1) breach of contract, (2) breach of implied covenant to perform work in a good and competent manner, (3) negligent construction and defective workmanship, (4) breach of express warranty, (5) breach of implied warranty, (6) violations of Business and Professions Code §7031, (7) intentional misrepresentation, (8) negligent misrepresentation, and (9) fraud.
This hearing is on a motion to compel arbitration brought by only one of the two defendants – Mehran Mottahedeh. Mottahedeh contends the parties entered into a Prime Construction Contract (the “Contract”) which contains an arbitration provision. Defendant MW Higgins Construction Inc. is not a party to the Contract. Plaintiff has filed a statement of non-opposition to the motion to compel arbitration. Accordingly, the Court GRANTS the motion to compel arbitration. Further, pursuant to CCP §1281.4, the Court STAYS the proceedings (including the claims against M.W. Higgins Construction, Inc.) pending completion of the arbitration.
DATED: December 7, 2022 ___________________________
Edward B. Moreton, Jr.
Judge of the Superior Court