Petition to Compel Arbitration
2026CUPA065160: JONATHAN TRIVAS vs GERARDO VENTURA 06/15/2026 in Department 41 Petition to Compel Arbitration
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2026CUPA065160: JONATHAN TRIVAS vs GERARDO VENTURA
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Tentative Decision:
Petitioner Jonathan Trivass Petition to Compel Arbitration.
Recommendation: Continue 30-45 days. Suggested tentative:
For the reasons stated below, the court intends to continue Petitioners Petition to Compel Arbitration July 16, 2026, at 8:20 a.m. in Department 41.
Petitioner seeks to compel Respondents to join an existing arbitration based on an arbitration provision that he asserts is contained within the alleged purchase and sale agreement to which Petitioner and the purchasers of Petitioners home are alleged to be parties, referred to as Claimants in the Petition. (Petition at 6:4-18.) Unfortunately, Petitioner has failed to attach his exhibits to his declaration, so a physical or electronic copy is not before the Court. Although
2026CUPA065160: JONATHAN TRIVAS vs GERARDO VENTURA
Petitioner can meet his burden by setting forth the agreements provisions in the motion (Gamboa, supra, 72 Cal.App.5th at p. 165), [t]he provisions must be stated verbatim[.] (Cal. Rules of Court, rule 3.1330.) In this case, Petitioner has not quoted the entire arbitration provision verbatim in his Petition.
The Court is reluctant to determine the actual identities of the signatories to the alleged arbitration provision, the scope of the provision, the intent of the signatories to it, or, especially, the agreements applicability to non-signatories without seeing the complete provision. (Benaroya v. Willis (2018) 23 Cal.App.5th 462, 468 [[W]hile it is true that the language of an arbitration agreement determines the scope of the arbitrator's powers granted by the signatories, the agreement cannot bind nonsignatories, absent a judicial determination that the nonsignatory falls within the limited class of third-parties who can be compelled to arbitrate. (Benaroya v.
Willis (2018) 23 Cal.App.5th 462, 468.) The Court continues the hearing and permits Petitioner to file and serve a supplemental declaration that includes the missing exhibits. In connection therewith, the Court will permit Respondents to file a supplemental opposition not to exceed five pages, which will be due nine court days before the continued hearing date. Petitioner may file a reply to any filed supplemental brief, also not to exceed five pages and due five court days before the continued hearing.
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