Judge: Walter P. Schwarm, Case: 30-2021-01211808, Date: 2023-08-01 Tentative Ruling

Moving Parties’ (Architectronix, Inc. and John Rix) unopposed Motion to Enforce Prior Court Order Regarding Arbitration (Motion), filed on 5-16-23 under ROA No. 220, is GRANTED.

On 6-28-22, the court GRANTED Defendants’ (Daniel J. Scinto, Francine Scinto, Orange County Associates, Inc., and Chapwood, L.P.) Petition to Compel Arbitration and Stay Proceedings in Pending Action Until Arbitration is Complete filed on 2-8-22 under ROA No. 46. (6-28-22 Minute Order.)  Based on this ruling, the court stayed proceedings in this action pursuant to Code of Civil Procedure section 1281.4. (6-28-22 Minute Order.)  Also, on 6-28-22, the court DENIED Moving Parties’ Joinder to Daniel Scinto, Francine Scinto, Orange County Associates, Inc. and Chapwood L.P.’s Motion and Petition to Compel Arbitration and to Stay Proceedings in Pending Action Until Arbitration is Complete filed on 6-20-22 under ROA No. 145. (6-28-22 Minute Order.)  On 2-27-23, Defendant—Daniel Scinto “. . . filed a counterclaim against . . . .” Moving Party—Architectronix in the pending arbitration. (Koenig Decl., ¶ 6 and Exhibit C.)  The Motion states, “. . . Scinto knowingly chose not to compel Rix to arbitration thereby waiving his right to include and/or subsequently join Architectronix in the ongoing arbitration between Laguna Crest and Scinto. (Motion; 4:20-22.)

Malek v. Blue Cross of California (2004) 121 Cal.App.4th 44, 56 (Malek), states, “An arbitrator exceeds his powers when he acts in a manner not authorized by the contract or by law. [Citation.] The ‘gateway’ question of whether the parties are bound by a particular arbitration agreement is a question of arbitrability for the court. [Citation.]” (See also, Citizens of Humanity, LLC v. Applied Underwriters, Inc. (2017) 17 Cal.App.5th 806, 813.)

Thus, the court GRANTS Moving Parties’ (Architectronix, Inc. and John Rix) unopposed Motion to Enforce Prior Court Order Regarding Arbitration (Motion), filed on 5-16-23 under ROA No. 220, by requiring Defendant—Chapwood LP to bring a motion to compel arbitration upon Moving Parties.  Before an arbitration against Moving Parties may proceed, the court must determine whether an arbitration agreement binds the parties.

Moving Parties are to give notice.