Judge: John C. Gastelum, Case: 21-01218653, Date: 2022-07-28 Tentative Ruling

Motion to Compel Arbitration

Ruling:  Off Calendar – no hearing will be held.  The Court orders AAA to appoint an arbitrator to decide the applicability of Code of Civil Procedure section 1284.3. The AAA Construction Industry Rules that the parties agreed will govern their arbitration empower the arbitrator to “rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement,” whether “as a preliminary matter or as part of the final award.” (See Mooney Decl., ¶ 15 & Exh. 13 at rule R-9.)   The Court orders that the AAA appoint an arbitrator who will then decide the issues of whether Code of Civil Procedure section 1284.3 and the Consumer Arbitration Policy should apply. Arbitrators routinely decide issues regarding the arbitrability of disputes, and in adopting the AAA Construction Industry Rules, the parties agreed the arbitrator could do just that. (See Rodriguez v. Am. Techs., Inc. (2006) 136 Cal.App.4th 1110, 112.)

MP to give notice.