Judge: Melvin D. Sandvig, Case: 22CHCV01318, Date: 2023-06-29 Tentative Ruling

Case Number: 22CHCV01318    Hearing Date: June 29, 2023    Dept: F47

Dept. F47

Date: 6/29/23

Case #22CHCV01318

MOTION TO COMPEL ARBITRATION AND DISMISS,

OR IN THE ALTERNATIVE STAY,

THIS ACTION

Motion filed on 3/29/23.

MOVING PARTY: Defendants Poole & Shaffery, LLP and Brian Koegle

RESPONDING PARTY: Plaintiff Thome Waterproofing Co., Inc.

NOTICE: ok

RELIEF REQUESTED: An order compelling binding arbitration of the dispute between Plaintiff and Defendants, including Plaintiff’s causes of action for fraud (intentional misrepresentation) and fraud (concealment) that are alleged in its complaint, and to dismiss the action or alternatively stay it pending completion of arbitration.

RULING: The motion is granted as set forth below.

On 12/6/22, Plaintiff Thome Waterproofing Co., Inc. (Plaintiff) filed this action against its former attorneys Defendants Poole & Shaffery, LLP and Brian Koegle (Defendants) for intentional misrepresentation and concealment.  On 3/29/23, Defendants filed and served the instant motion seeking an order compelling binding arbitration of the dispute between Plaintiff and Defendants, including Plaintiff’s causes of action for fraud (intentional misrepresentation) and fraud (concealment) that are alleged in its complaint, and to dismiss the action or alternatively stay it pending completion of arbitration.

On 6/16/23, Plaintiff filed and served a Partial Opposition to the motion wherein Plaintiff agrees that the matter should be compelled to arbitration.  However, Plaintiff opposes the dismissal of this action.  Plaintiff notes that the arbitration agreement does not provide a method for selecting an arbitrator or incorporate the procedures of any alternate dispute resolution services.  Plaintiff contends that the Court should stay this action because it may become necessary for a party to petition the Court for assistance in selecting an arbitrator or to confirm the arbitration award.  Defendants have not filed a reply to the partial opposition.    

CCP 1281.4 provides in relevant part:

“If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.”

Based on the foregoing, the motion is granted and this action is stayed pending the resolution of the arbitration.