Judge: Elaine W. Mandel, Case: 24SMCV04236, Date: 2025-01-06 Tentative Ruling

Case Number: 24SMCV04236    Hearing Date: January 6, 2025    Dept: P

Tentative Ruling

Bella v. The Frizzelle Family Trust, Case no. 24SMCV04236

Hearing date January 6, 2025

Defendants’ Motion to Compel Arbitration

Plaintiff tenant Bella, in pro per, sues for breach of contract arising from alleged habitability defects in a residential lease with landlord defendants. Defendants move to compel arbitration based on the parties’ lease agreement, para. 56. Plaintiff opposes. An unlawful detainer action based on Bella’s alleged failure to pay rent is currently pending.

California public policy strongly favors arbitration as an efficient alternative to litigation. Cal. Code Civ. Proc. §1280 et seq., Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 706. A party waives its right to arbitrate when it “substantially invokes” the litigation machinery before moving to arbitrate, resulting in prejudice to the opposing party. Hoover v. American Income Life Ins. Co. (2012) 20 Cal.App.4th 1193, 1204. Filing an answer does not waive the right to seek arbitration. Christensen v. Dewor Developments (1983) 33 Cal.3d 778, 782. Responding to discovery, rather than propounding it, does not constitute invocation of the litigation machinery. Davis v. Continental Airlines, Inc. (1997) 59 Cal.App.4th 205, 217. Unreasonable delay in moving to compel arbitration can lead to a waiver of arbitration rights. Spear v. California State Auto Ass’n. (1992) 2 Cal.4th 1035, 1043.

Para. 56 of the Lease entitled “DISPUTE RESOLUTION” states “any controversies or disputes arising out of or relating to this Agreement … will be submitted to mediation….. If mediation is not successful the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration …” Decl. Camarillo exh. 1.

This language is binding and enforceable. Plaintiff argues that by allegedly breaching the terms of the lease, defendants waived their right to compel arbitration. This is unavailing; arbitration clauses exist to govern the parties’ conduct when the terms of an agreement have allegedly been breached. Further, the court cannot consider the underlying merits of the claim when considering whether to grant a motion to compel arbitration. See Code Civ. Proc. Sec. 1281.2(d); California Correctional Peace Officers Ass’n v. State of California (2006) 142 Cal.App.4th 198, 211. Whether defendants breached goes to the merits of the underlying case.

Plaintiff argues defendants waived the rights to compel arbitration by failing to respond to plaintiff's alleged 5/1/24 demand for arbitration. Defendants offer the declarations of defendant and attorney Camarillo stating they never received such demand. Decl. Camarillo para. 6. Plaintiff fails to offer analysis of the factors establishing waiver set forth in Quach v. California Commerce Club, Inc. (2024) 16 Cal.5th 562, 573. Plaintiff offers no declarations or evidence other than exhibit A to the opposition, which references a draft petition to compel arbitration but fails to include the actual draft. Plaintiff fails to establish an unreasonable delay or otherwise conduct suggesting that the right to enforce the arbitration provision is waived.

Plaintiff argues arbitration is improper because the alleged habitability breaches, including mold, present serious health concerns and require court intervention, citing Knight v. Hallsthammar (1981) 29 Cal.3d 46. This is unavailing, as Knight primarily concerns jury instructions regarding habitability and the duties of landlords. Id. Knight offers no basis for a court to override a valid arbitration agreement. Id.

Plaintiff failed to substantiate the arguments with evidence. Defendants established existence of a valid binding arbitration agreement. The parties are to mediate, either privately, or through the no-cost court Mediation Volunteer Panel (MVP) program. If such is not successful, the parties are ordered to arbitration, pursuant to para. 56 of the Lease. GRANTED.