Judge: Shirley K. Watkins, Case: 21VECV01600, Date: 2022-10-28 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 21VECV01600    Hearing Date: October 28, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendant Eran Gispan’s Motion to Compel Arbitration and Stay the Proceedings is GRANTED. Case Management Conference is set for 9/19/2023 at 8:30 a.m.  Appearance is required unless case is dismissed, or judgment has been entered.

Introduction

Defendant Eran Gispan (Defendant) moved to compel arbitration and stay the proceedings filed by Plaintiff Nissim Levy (Plaintiff.)  Plaintiff’s opposition was due October 17, 2022.  Plaintiff has not filed an opposition.

            Discussion 

            In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement.  (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961.)  Defendant submits a copy of the Residential Purchase Agreement and Joint Escrow Instructions (Agreement) showing the agreement between Plaintiff, as buyer, and Defendant, as seller.  (Motion, Exh. 1.)  Within the Agreement at paragraph 22, the parties agreed to resolve disputes by way of binding arbitration.  Plaintiff’s claims against Defendant are within the scope of the Agreement because Plaintiff seeks the return of his deposit.  Because the parties entered into an Agreement with an arbitration provision and the dispute involves monies deposited under the Agreement, Defendant sufficiently shows that the existence of the arbitration agreement and the dispute being within the scope of the arbitration agreement.

            A civil action should be stayed where there is a threat of inconsistent results or rendering arbitration ineffective.  (Cruz v. PacifiCare Health Systems, Inc. (2003) 30 Cal. 4th 303, 320.)  Because the action involves claims against other parties stemming from the same transaction, there is a risk of inconsistent results.  Due to the risk, the instant action is stayed.

            The motion to compel arbitration and stay is GRANTED. 

            IT IS SO ORDERED, ____________________ TO GIVE NOTICE.