Judge: Mark E. Windham, Case: 23STCP01609, Date: 2023-12-21 Tentative Ruling
Case Number: 23STCP01609 Hearing Date: January 11, 2024 Dept: 26
Bairos,
et al. v. 7174 Melrose Avenue, LLC, et al.
PETITION TO
COMPEL ARBITRATION AND STAY PROCEEDINGS
(CCP §§ 1281.2, et
seq., 638)
TENTATIVE RULING:
Petitioners Richard Bairos and Gary Bairos’ Petition to
Compel Arbitration is GRANTED. THE PARTIES ARE ORDERED TO ARBITRATION BEFORE HON.
ELIZABETH FEFFER (RET.) OF ADR SERVICES.
ORDER TO SHOW CAUSE RE: STATUS OF ARBITRATION IS SET FOR
JUNE 13, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
On May 11, 2023, Petitioners Richard Bairos (“Richard”) and
Gary Bairos (“Gary”) (collectively “Plaintiffs”) filed the instant Petition to
Compel Arbitration and to Appoint JAMS to Conduct Arbitrator [sic] (“Petition”)
against Respondent 7174 Melrose Avenue, LLC (“Melrose”). On July 13, 2023,
Respondent filed a Response to the Petition. On September 21, 2023, the Court
found that the parties entered into a Standard Industrial/Commercial
Multi-Tenant Lease – Net (“Lease”), attached to the Petition as Exhibit A. (Minute Order, 09/21/23 [citing Pet. ¶ 4;
Gary Bairos Decl. ¶¶ 2-4, Ex. A].) The Court continued the hearing to allow the
parties to submit a list of potential arbitrators, which they did on October
19, 2023. (Ibid.)
At the next hearing on November 16, 2023, the action was
transferred from Department 25 of the Spring Street Courthouse to Department 26
of the Spring Street Courthouse. On December 21, 2023, the court nominated five
arbitrators from the list provided by the parties and ordered them to submit a
joint statement regarding their arbitrator of choice. (Minute Order, 12/21/23.)
On December 27, 2023, the parties submitted a joint statement selecting Hon. Elizabeth Feffer (Ret.) of ADR Services
to serve as the arbitrator in this matter.
Conclusion
Therefore, Petitioners Richard Bairos and Gary Bairos’
Petition to Compel Arbitration is GRANTED. THE PARTIES ARE ORDERED TO
ARBITRATION BEFORE HON. ELIZABETH FEFFER (RET.) OF ADR SERVICES.
ORDER TO SHOW CAUSE RE: STATUS OF ARBITRATION IS SET FOR
JUNE 13, 2024 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Moving party to give notice.