Judge: Mark E. Windham, Case: 24STLC02506, Date: 2024-09-30 Tentative Ruling

Case Number: 24STLC02506    Hearing Date: September 30, 2024    Dept: 26

Tunne v. Blake, Esq., et al.

PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Defendants Brandon Blake and Blake & Wang, P.A.’s Motion to Compel Arbitration is GRANTED. THE ACTION IS STAYED PENDING ARBITRATION.

AN ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION IS SET FOR APRIL 7, 2025 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On April 5, 2024, Plaintiff Mark Tunne (“Plaintiff”) filed the instant action against Defendants Brandon Blake and Blake & Wang, P.A. (“Defendants”). Defendants filed the instant Motion to Compel Arbitration on July 26, 2024. No opposition has been filed to date.

Discussion

The Motion 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).) Defendants demonstrate the existence of an arbitration agreement between the parties in their agreement. (Motion, Blake Decl., Exh. 1, ¶5.) The arbitration provision states: “In the event of a dispute or controversy between the parties hereto with reference to this contract, the fees, or the services provided for herein, the parties agree to submit such dispute to binding arbitration under the Commercia Arbitration Rules of the American Arbitration Association, before a single arbitrator with knowledge of the entertainment industry, in the City of Beverly Hills, California.” (Ibid.) The Complaint alleges a cause of action based on Defendants purportedly overcharging fees in connection with the parties’ agreement. (Compl., ¶8.) The Court finds, therefore, that the claims alleged against Defendants in the Complaint are subject to arbitration and there are no grounds to deny the instant Motion. 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

Defendants Brandon Blake and Blake & Wang, P.A.’s Motion to Compel Arbitration is GRANTED. THE ACTION IS STAYED PENDING ARBITRATION.

AN ORDER TO SHOW CAUSE REGARDING STATUS OF ARBITRATION IS SET FOR APRIL 7, 2025 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.