Wells Fargo Bank v. the Best Service Co.

Filed: 12/17/2014 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

WELLS FARGO BANK, N.A., B253861

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC522081) v.

THE BEST SERVICE CO., INC.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Terry A. Green, Judge. Dismissed. Law Offices of Clark Garen, Clark Garen and Rachel Zwernemann, for Defendant and Appellant. Carroll, Burdick & McDonough LLP, Daniel H. Wu, Nathaniel K. Fisher and Molly K. Madden, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant, The Best Service Co., Inc., appeals from a December 20, 2013 order denying its motion to stay the action pending arbitration. Defendant did not concurrently file a petition to compel arbitration. We dismiss the appeal because the trial court’s denial of the stay motion unaccompanied by any motion or petition to compel arbitration or a pending arbitration is not an appealable order.

II. BACKGROUND

On September 20, 2013, plaintiff, Wells Fargo Bank, N.A., filed a declaratory and injunctive relief complaint. On September 30, 2013, defendant sent plaintiff a demand for mediation and arbitration pursuant to a dispute resolution provision in a February 27, 2008 servicing agreement between the parties. On October 9, 2013, plaintiff rejected defendant’s mediation and arbitration demand. On October 24, 2013, defendant moved to stay the action pending compliance with the arbitration demand. No petition or motion to compel arbitration was filed. No petition to compel compliance with the mediation provision of the parties’ servicing agreement was filed. In its reply, defendant stressed the stay motion was not a petition to compel arbitration. Defendant argued: “[Plaintiff] seeks to mis-characterize this [m]otion as a [m]otion to [c]ompel [a]rbitration. This [m]otion is not a [m]otion to [c]ompel [a]rbitration. [Defendant] has never asked this [c]ourt to [c]ompel [a]rbitration. All [defendant] has asked this [c]ourt to do is issue a stay of the within civil case until the parties have completed mediation followed by arbitration in accordance with the contractual terms.”