Judge: Mark E. Windham, Case: 23STCP03039, Date: 2024-01-11 Tentative Ruling

Case Number: 23STCP03039    Hearing Date: January 11, 2024    Dept: 26

Monroy v. Emrani, et al.

PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Petitioner Ralph Monroy’s Petition to Compel Arbitration is GRANTED. THE ACTION IS STAYED PENDING ARBITRATION.

ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION IS SET FOR JUNE 18, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On August 22, 2023, Petitioner Ralph Monroy (“Petitioner”) filed the instant Petition to Compel Arbitration against Respondents Jacob Emrani, Esq. and The Law Offices of Jacob Emrani (“Respondents”). No response to the Petition has been filed to date.

Discussion

The Petition is brought pursuant to Code of Civil Procedure section 1281, et seq., which provides in relevant part:

On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that:

(a) The right to compel arbitration has been waived by the petitioner; or

(b) Grounds exist for the revocation of the agreement.

(Code Civ. Proc., § 1281.2, subds. (a)-(b).) Petitioner provides evidence of the existence of the arbitration agreement in the parties’ retainer agreement. (Pet., Exh. A1, ¶14.) On July 28, 2023, Petitioner requested that Respondents agree to arbitrate the disputed attorney’s fees. (Id. at Hakim Decl., Exhs. 2.26-2.30.) Respondents have not agreed to arbitration. (Ibid.) Therefore, Petitioner is entitled to an order compelling Respondents to arbitration pursuant to the terms of the arbitration agreement. Specifically, that the “[a]rbitration proceedings shall be conducted in Los Angeles, California and under California Law” and “in accordance with the rules and procedures of the American Arbitration Association.” (Id. at Exh. A1, ¶14.)

In light of the Motion to Compel Arbitration being granted, a stay of the action is appropriate under Code of Civil Procedure section 1281.4.

Conclusion

Petitioner Ralph Monroy’s Petition to Compel Arbitration is GRANTED. THE ACTION IS STAYED PENDING ARBITRATION.

ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION IS SET FOR JUNE 18, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.