Judge: Thomas D. Long, Case: 22STCV23427, Date: 2022-12-08 Tentative Ruling

Case Number: 22STCV23427    Hearing Date: December 8, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On July 20, 2022, Plaintiff Montana Marketing & Sales, Inc. dba AAA Green Builders filed this action against Defendant Tonya Thomas for breach of contract and foreclosure of mechanic’s lien.

On September 13, 2022, Plaintiff filed a motion to compel arbitration and stay the action pending completion of arbitration.  Defendant did not file an opposition.

When seeking to compel arbitration, the moving party must allege the existence of an agreement to arbitrate.  (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219 (Condee).)  The burden then shifts to the opponent to prove the falsity of the agreement.  (Ibid.)  After the Court determines that an agreement to arbitrate exists, it then considers objections to its enforceability.  (Ibid.)  The Court must grant a petition to compel arbitration unless the movant has waived the right to compel arbitration or if there are grounds to revoke the arbitration agreement.  (Ibid.; Code Civ. Proc., § 1281.2.)

Plaintiff provides a copy of the parties’ Home Improvement Contract.  (Motion Ex. A.)  At the bottom of the first page, there is a box stating: “ARBITRATION [¶] OWNER: Initial this box if you agree to arbitration.  Review the ‘Arbitration of Disputes’ section attached.”  (Motion, Ex. A at p. 1.)  Defendant initialed in the box.  A few pages later is a page titled “ARBITRATION OF DISPUTES.”  (Motion, Ex. A at p. 4 [“Arbitration Agreement”].)  It provides for binding arbitration “[i]n the event of any dispute, or a claim arising out of or relating to this agreement, or the enforcement or interpretation hereof.”  It also states, “NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE . . . DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW, AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. . . .”  Defendant initialed after “I AGREE TO THE ARBITRATION.”  She also signed a Customer Acknowledgment at the bottom of the page, indicating that she acknowledged receipt of certain documents or notices, including the Notice of Arbitration.

Plaintiff has met its burden of showing the existence of an Arbitration Agreement.  (Conde, supra, 88 Cal.App.4th at p. 219.)  Defendant did not file an opposition, so she has not shown any grounds for rescinding the Arbitration Agreement or denying the motion.  (See ibid.; Code Civ. Proc., § 1281.2.)

The motion to compel arbitration is GRANTED.  The entire action is STAYED pending the arbitration.  A Status Conference re: Arbitration is scheduled for 12/07/2023 at 8:30 AM in Department 48 at Stanley Mosk Courthouse (December 7, 2023).  Five court days before, the parties are to file a joint report stating the name of their retained arbitrator and the status of arbitration.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

      Dated this 8th day of December 2022