Judge: Kenneth J. Medel, Case: 37-2024-00007374-CU-PT-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 14, 2024

03/15/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Petitions - Other Hearing on Petition 37-2024-00007374-CU-PT-CTL GILL VS GARDENER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Petition - Other, 02/09/2024

Petitioner's unopposed Petition to Compel ADR is GRANTED.

The Court has determined that the Petitioner properly served the petition pursuant to Code Civ. Proc. § 1290.4, subd. (a). No response has been filed with the Court. As such, the allegations in the Petition 'are deemed admitted.' The parties agreed to an ADR provision in the HPI Operating Agreement which mandates 'final, binding mediation' of any disputes between them. Petition at ¶ 2; Exhibits 1 and 3 at p. 25. Petitioner served a written demand on Respondents for binding mediation in accordance with the HPI Operating Agreement, and Respondents breached the parties' ADR agreement by failing to respond to the demand and any communications with JAMS which has stalled the proceedings. Petition at ¶¶ 3-4, 8-9. Petitioner is entitled to an order compelling Respondents' compliance with the parties' ADR agreement for binding mediation at JAMS. Petition at ¶¶ 12-13. Further, Petitioner is entitled to an award of attorney's fees pursuant to the Agreement between the parties at Section 9.8. The Court awards attorney's fees in the amount requested of $7,350.

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