This case was last updated from Los Angeles County Superior Courts on 03/02/2021 at 23:31:08 (UTC).

ORANGE COAST BUILDING SERVICES, INC. VS LIBRARY COURT COMMUNITY ASSOCIATION

Case Summary

On 07/01/2019 ORANGE COAST BUILDING SERVICES, INC filed a Contract - Other Contract lawsuit against LIBRARY COURT COMMUNITY ASSOCIATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******6211

  • Filing Date:

    07/01/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ORANGE COAST BUILDING SERVICES INC.

Defendant

LIBRARY COURT COMMUNITY ASSOCIATION

Attorney/Law Firm Details

Plaintiff Attorney

KURZ ANDREW

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 04/21/2021
  • Hearing04/21/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Status Conference

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  • 02/10/2021
  • DocketNotice of Status Conference re Arbitration; Filed by: Orange Coast Building Services, Inc. (Plaintiff); As to: Orange Coast Building Services, Inc. (Plaintiff)

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  • 02/10/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Orange Coast Building Services, Inc. (Plaintiff); As to: Library Court Community Association (Defendant)

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  • 01/11/2021
  • DocketStatus Conference Re: Status of Arbitration scheduled for 04/21/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 01/11/2021
  • DocketMinute Order (Status Conference Re: Status of Arbitration)

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  • 01/11/2021
  • DocketCertificate of Mailing for (Status Conference Re: Status of Arbitration) of 01/11/2021; Filed by: Clerk

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  • 01/11/2021
  • DocketOn the Court's own motion, Status Conference Re: Status of Arbitration scheduled for 01/11/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 04/21/2021 10:00 AM

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  • 04/01/2020
  • DocketStatus Conference Re: Status of Arbitration scheduled for 01/11/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 04/01/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 03/04/2020

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  • 04/01/2020
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 03/04/2020

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7 More Docket Entries
  • 08/19/2019
  • DocketHearing on Motion to Compel Arbitration scheduled for 12/19/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/23/2019
  • DocketProof of Personal Service; Filed by: Orange Coast Building Services, Inc. (Plaintiff); As to: Library Court Community Association (Defendant); Service Date: 07/19/2019; Service Cost: 84.50; Service Cost Waived: No

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  • 07/03/2019
  • DocketNon-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/03/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/01/2019
  • DocketComplaint; Filed by: Orange Coast Building Services, Inc. (Plaintiff); As to: Library Court Community Association (Defendant)

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  • 07/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Orange Coast Building Services, Inc. (Plaintiff); As to: Library Court Community Association (Defendant)

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  • 07/01/2019
  • DocketSummons on Complaint; Issued and Filed by: Orange Coast Building Services, Inc. (Plaintiff); As to: Library Court Community Association (Defendant)

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  • 07/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06211    Hearing Date: March 04, 2020    Dept: 25

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

 

TENTATIVE RULING:

Defendant’s Motion to Compel Arbitration and Stay Action is GRANTED. The matter is to be arbitrated before the AAA However, Defendant’s request for sanctions is DENIED.

ANALYSIS:

  1. Background

On July 1, 2019, Plaintiff Orange Coast Building Services, Inc. (“Plaintiff”) filed an action for breach of contract against Defendant Library Court Community Association (“Defendant”).

On August 19, 2019, Defendant filed the instant Motion to Compel Arbitration (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

“On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc., §§1281.2, subds. (a)-(b).) As with other types of agreements, “[t]he failure of the [party] to carefully read the agreement and the amendment is not a reason to refuse to enforce the arbitration provisions.” (Powers v. Dickson, Carlson & Campillo (1997) 54 Cal.App.4th 1102, 1115.) “California law, ‘like [federal law], reflects a strong policy favoring arbitration agreements and requires close judicial scrutiny of waiver claims.’” (Wagner Const. Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 31.) If the court orders arbitration, then the court shall stay the action until arbitration is completed. (See Code Civ. Proc., § 1281.4.)

  1. Discussion

Defendant brings the instant Motion seeking to compel Plaintiff to submit to arbitration based on a Construction Agreement (the “Agreement”) entered into by the parties on or about May 23, 2018. (Mot., p. 3, Exh. A.) The Agreement contains an arbitration provision stating that “[a]ny controversy or claim arising out of or related to [the] Agreement, or breach thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (‘AAA’) in accordance with AAA’s construction industry arbitration rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof…” (Id., Exh. A, p. 9, ¶ 10.) Plaintiff has not submitted an opposition to the instant Motion. Accordingly, Defendant has demonstrated the existence of an arbitration agreement and the Court finds that there is no defense to its enforcement.

Defendant also requests sanctions against Plaintiff in the amount of attorney’s fees incurred in moving to compel arbitration pursuant to Code of Civil Procedure section 128.5, subdivision (a). (Mot., p. 6.)

However, motions for sanctions under Section 128.5 must be requested by a separate motion. (Code Civ. Proc., § 128.5, subd. (f)(1)(A).) In addition, the party seeking sanctions under Section 128.5 must serve a copy of the motion on the opposite party at least 21 days before filing with the Court to allow that party to withdraw or correct the challenged pleading or motion. (Code Civ. Proc., § 128.5, subd. (f)(1)(B).) As Defendant has not demonstrated compliance with these requirements, its request for sanctions is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Defendant’s Motion to Compel Arbitration and Stay Action is GRANTED. The matter is to be arbitrated before the AAA. However, Defendant’s request for sanctions is DENIED.

Moving party is ordered to give notice.

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