Petition Upon Court Order And Stipulation Of Parties To Stay Action Pending Binding Arbitration, And Order Confirming Order Compelling Binding Arbitration On Stipulation [Ccp 1281.5]
Matter on Calendar for Tuesday, August 5, 2025, Line 8, PLAINTIFF GARTAN CONSTRUCTION, LLC'S Petition Upon Court Order And Stipulation Of Parties To Stay Action Pending Binding Arbitration, And Order Confirming Order Compelling Binding Arbitration On Stipulation [Ccp 1281.5].
Plaintiff Gartan Construction, LLC's ("Gartan") motion to stay action pending arbitration and compel arbitration is granted. The fee shifting provision is unenforceable by the American Arbitration Association (AAA) under California Code of Civil Procedure Section 1284.3 and is severed from the agreement to arbitrate. The court's prior order compelling arbitration remains effective. (The Court's complete tentative ruling was e-mailed to the parties.)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/CVA) | |
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