Judge: Michael Small, Case: 24STCV13533, Date: 2024-10-24 Tentative Ruling

Case Number: 24STCV13533    Hearing Date: October 24, 2024    Dept: 57

The Court is granting Defendant's motion to compel arbitration of Plaintiff's claims.   Plaintiff does contest that it assented to the arbitration provision in the parties' commercial lease, the arbitration provision encompasses Plaintiff's claims, and enforcement of the arbitration provision raises no concerns of unconscionability.  The three arguments that the Plaintiffs does make in opposition to Defendant's motion to compel arbitration are unavailing.  First, contrary to Plaintiff's contention, Defendant timely filed the motion.  Second, the requirements of Code of Civil Procedure Section 1298 with which Plaintiff says the arbitration clause fails to comply are preempted by the Federal Arbitration Act, (See Hedges v. Carrigan (2004) 117 Cal.App.4th 578, 583-587.)  Third, Defendant did not waive its right to seek arbitration by initiating unlawful detainer litigation against the Plaintiff.

In light of the Court's ruling granting Defendant's motion to compel arbitration, the Court is denying Plaintiff's motion for trial preference and ex parte application to shorten time as to its motion to compel the deposition of Alex Cohen, both of which also are on the Court's calendar today.   The Court is vacating the hearing date on the motion to compel the deposition of Alex Cohen and staying all proceedings in this Court pending the outcome of the arbitration.  The Court is setting a hearing on the status of the arbitration for July 24, 2025 at 8:30 A.M.