Judge: Michael Shultz, Case: 24STCV24687, Date: 2025-03-11 Tentative Ruling

Case Number: 24STCV24687    Hearing Date: March 11, 2025    Dept: 40

24STCV24687 Tasha D. Yi, et al v. Bruce Haebong Lee, et al.

Tuesday, March 11, 2025

[TENTATIVE] ORDER DENYING MOTION TO COMPEL MEDIATION AND/OR ARBITRATION

I.       Background

      This action arises from the sale of real property. The complaint alleges that Defendants, sellers and brokers, failed to disclose the condition of the residence to Plaintiffs, the buyers. Plaintiffs allege claims for fraud, breach of fiduciary duty, elder abuse, statutory violations, and for cancellation of the deed.

      Defendants, SYH International, LLC and Euis Chang, (“Defendants”) move to compel mediation of this action based on the parties’ agreement. If the matter is not resolved through mediation, or if Plaintiff refuses to mediate, Defendants “may either pursue arbitration or waive arbitration and keep this case in court. However, Defendants have not yet made that election and would like to explore mediation first. (Mot.  3:24-28.)  

      Plaintiffs were served timely by electronic service. No opposition has been filed.

II.     Discussion

      First, Defendants rely on statutes pertaining to petitions to compel arbitration. Defendants do not cite any statute that gives the court discretion to order mediation prior to arbitration.

      Secondly, defense counsel states that Defendants are willing to comply with the mediation clause and reserve the right to waive the arbitration clause and proceed with litigation by filing a cross-complaint. (Biggins decl.)

      If Defendants have not yet elected arbitration and intend to waive that clause, then this motion appears superfluous.

      Accordingly, Defendants’ motion is DENIED.