Judge: Olivia Rosales, Case: 22NWCV00260, Date: 2022-08-04 Tentative Ruling

Case Number: 22NWCV00260    Hearing Date: August 4, 2022    Dept: SEC

AVILA v. CAMPBELL

CASE NO.:  22NWCV00260

HEARING:  08/04/22

JUDGE:  MARGARET M. BERNAL

#4

TENTATIVE ORDER

Defendant LOURDES K. CAMPBELL’s motion to compel arbitration is DENIED without prejudice.

Moving Party to give notice.

The Purchase Agreement continuing the subject Arbitration Clause was executed by Plaintiff and Defendant Lourdes Campbell states: “The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action…. [¶] The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through medication, shall be decided by neutral, binding arbitration.” (Motion, Ex. 1.)

The Motion to Compel Arbitration is DENIED without prejudice pending completion of mediation. This matter is not yet ripe because the parties must first proceed to mandatory mediation before arbitration can be compelled. (See Motion, Ex. 1.)  

In a Declaration filed concurrently with her Reply, Defendant Lourdes K. Campbell states: “Prior to the time I was served with the Complaint filed by Plaintiff, I was not aware of the claim or allegation that a demand had been made that I mediate the dispute that had arisen under the agreement signed by Plaintiff and myself that required the arbitration of all such disputes…. [¶] I have never expressly waived my right to compel Plaintiff to mediate or arbitrate….” (Reply Campbell Decl., ¶¶2 and 4.)