Judge: Elaine W. Mandel, Case: 24SMCV04165, Date: 2025-04-10 Tentative Ruling

Case Number: 24SMCV04165    Hearing Date: April 10, 2025    Dept: P

Tentative Ruling

Malekan v. Timeless Construction Group, Case no. 24SMCV04165

Hearing date April 10, 2025

Defendant Timeless Construction’s Motion to Compel Arbitration

Plaintiffs Malekan and the Malekan Trust allege defendant roofing company Timeless Construction Group failed to adequately waterproof an unfinished roof, resulting in water damage. Defendant moves to compel arbitration. The motion is unopposed.

California public policy strongly favors arbitration as an efficient alternative to litigation. Code Civ. Proc. §1280 et seq., Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 706. Under the CAA, where there is a valid written agreement to arbitrate a controversy, arbitration is mandatory. Code Civ. Proc. §1281.2.

The parties signed and executed a home improvement contract on 2/21/23. See Decl. Davuljyan, exh. 1. Page 3 of the addendum to the contract contains a written arbitration clause signed by plaintiff Malekan. Id. A valid arbitration agreement exists.

Plaintiffs filed this case on 8/27/24; defendant moved to compel arbitration on 12/30/24. Defendant did not delay in moving to compel arbitration nor invoked litigation mechanisms. The arbitration agreement is enforceable.

No opposition was filed. Defendant’s motion to compel arbitration is GRANTED. The parties are ordered to arbitration pursuant to the terms of the written agreement. The case is STAYED pending the outcome of arbitration.