Judge: Thomas D. Long, Case: 25STCV00868, Date: 2025-04-01 Tentative Ruling

Case Number: 25STCV00868    Hearing Date: April 1, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On February 8, 2024, Plaintiff Griffith-Vanguard Joint Venture filed this action against Defendant State of California, Department of Transportation.

On January 14, 2025, Defendant filed a petition to compel arbitration.

DISCUSSION

When seeking to compel arbitration of a plaintiff’s claims, the defendant must allege the existence of an agreement to arbitrate.  (Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 219.)  The burden then shifts to the plaintiff 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 defendant has waived the right to compel arbitration or if there are grounds to revoke the arbitration agreement.  (Ibid.; Code Civ. Proc., § 1281.2.)  Under California law and the Federal Arbitration Act, an arbitration agreement may be invalid based upon grounds applicable to any contract, including unconscionability, fraud, duress, and public policy.  (Sanchez v. Western Pizza Enterprises, Inc. (2009) 172 Cal.App.4th 154, 165-166.)

The parties entered into a contract that incorporated the 2018 Standard Specifications.  (Petition at p. 4.)  According to Section 9-1.22 of the 2018 Standard Specifications, the parties must “[s]tart arbitration by filing a complaint with the Office of Administrative Hearings in Sacramento (1 CA Code Regs § 1350).  File the arbitration complaint no later than 90, days after receiving the Department's final written decision on a claim.  (Pub Cont Code § 10240.1).”  (Ibid.)  “The remedy for the resolution of claims arising under contracts made under the provisions of this chapter shall be arbitration pursuant to this chapter.”  (Pub. Contract Code, § 10240.)

Defendant has satisfied its burden of showing the existence of an agreement to arbitrate and a statutory requirement of arbitration.

Plaintiff did not file an opposition.  Accordingly, it has not shown any grounds to revoke the arbitration agreement.  (See Code Civ. Proc., § 1281.2.)

CONCLUSION

Defendant’s petition to compel arbitration is GRANTED.  The entire action is STAYED pending the conclusion of the arbitration.

A Status Conference re: Arbitration is scheduled for April 3, 2026 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  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.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 1st day of April 2025