Judge: William D. Claster, Case: 21-01217175, Date: 2022-12-02 Tentative Ruling

Defendant Commercial Bank of California's Notice of Motion and Motion to Compel Arbitration ROA 135

Defendant Commercial Bank of California’s (CBCal) motion to compel arbitration is GRANTED.  The Pure Health parties are ordered to arbitrate their claims on an individual basis.  This matter is STAYED, with the exception of the Pure Health parties’ pending attachment motions, which will be heard as scheduled on December 9, 2022. An arbitration review conference will be held on July 10, 2023 at 8:30 a.m.

Defendants Electronic Commerce, LLC, Tyler Neuroth, and Darnell Ponder filed a notice of non-opposition to this motion.  The Pure Health parties filed a conditional non-opposition, arguing the attachment proceedings should continue in this Court while arbitration is pending.

The Court agrees with the Pure Health parties on this point.  CBCal concedes that under CCP § 1281.8, “a court may review an application for a writ of attachment even if the dispute is arbitrable.”  (Reply at p. 4.)

The remainder of CBCal’s reply is devoted to arguing why the Pure Health parties fail to satisfy both the attachment statutes and the additional requirements of CCP § 1281.8.  CBCal then urges the Court to “not even hear the attachment motion.”  (Reply at p. 6.)  These arguments are properly raised in opposition to the attachment motion, not in support of a motion to compel arbitration.  Again, the Code of Civil Procedure expressly permits the Pure Health parties to seek a writ of attachment in a court even if the dispute is otherwise arbitrable.  CBCal identifies no authority allowing the Court to simply refuse to hear an already-filed motion that is permitted by statute.

Accordingly, CBCal’s motion to compel arbitration is granted.  The Pure Health parties are ordered to individually arbitrate their claims.  Pursuant to CCP § 1281.4, this case is stayed pending the completion of arbitration, with the exception of the attachment hearing already on calendar.