Judge: Mark E. Windham, Case: 24STLC02960, Date: 2024-08-15 Tentative Ruling

Case Number: 24STLC02960    Hearing Date: August 15, 2024    Dept: 26

Malaga Properties, LLC v. Ava Inc., et al.

PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Defendant Ava Inc. dba Reliable Roofing and Retro-Fit’s Motion to Compel Arbitration is DENIED.

DEFENDANT AVA, INC. DBA RELIABLE ROOFING AND RETRO-FIT IS TO FILE AND SERVE A RESPONSE TO THE FIRST AMENDED COMPLAINT WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

On April 22, 2024, Plaintiff Malaga Properties, LLC (“Plaintiff”) filed the instant action for breach of contract and related claims against Defendants Ava Inc. dba Reliable Roofing And Retro-Fit (“Defendant Ava, Inc.”), Vahe Kalashyan, and Philadelphia Indemnity Insurance. The First Amended Complaint was filed on April 30, 2024.

Defendant Ava, Inc. filed the instant Motion to Compel Arbitration and Stay Action Pending Arbitration on June 12, 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).) Defendant Ava, Inc. has not demonstrated the existence of an arbitration agreement between the parties. The Motion attaches a copy of a construction agreement and arbitration provision between Defendant Ava, Inc. and Brian Cochran. (Motion, Kalashyan Decl., Exhs. A-B.) Plaintiff is not a named party to the construction agreement and arbitration provision.

Conclusion

Therefore, Defendant Ava. Inc. dba Reliable Roofing and Retro-Fit’s Motion to Compel Arbitration is DENIED.

DEFENDANT AVA, INC. DBA RELIABLE ROOFING AND RETRO-FIT IS TO FILE AND SERVE A RESPONSE TO THE FIRST AMENDED COMPLAINT WITHIN 20 DAYS OF THIS ORDER.

Court clerk to give notice.