Judge: Shirley K. Watkins, Case: 22VECV00295, Date: 2022-10-19 Tentative Ruling

Case Number: 22VECV00295    Hearing Date: October 19, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendant Sara Shaloum’s Motion to Compel Arbitration is GRANTED according to the terms of the arbitration agreement and the concurrent Request to Dismiss is DENIED.  The action is STAYED pending further court order. Case Management Conference set 5/4/2023 at 8:30 a.m. in Dept. T.  Appearance is required by both sides unless judgment has been entered or the case dismissed.

Introduction

Defendant Sara Shaloum (Defendant) moved to compel arbitration and dismissal of the action.  Plaintiff Discovery Bank (Plaintiff) submitted to the motion on condition that Defendant initiate arbitration within 60 days of the hearing.  Plaintiff further requests stay rather than dismissal.

            Discussion 

            Because the parties are in agreement to arbitrate the action, there is no dispute and Defendant’s request for an order that this case be arbitrated is GRANTED. 

Defendant’s request for dismissal is not supported by any legal authority.  However, per Code of Civil Procedure section 1281.4, the Court has authority to stay the action pending the arbitration.  Defendant’s request for dismissal is DENIED due to lack of legal authority for the requested relief.  The case is STAYED pending further court order.

            Plaintiff’s request to order Defendant to initiate arbitration also is not supported by any legal authority.  The arbitration provision provides that the “claim … may be resolved by binding arbitration if either side requests it.”  (Motion, Exh. A, pg. 4.)  Both parties are entitled to seek whatever remedies might be available to them if defendant fails to initiate arbitration after having sought and received this order.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.