SUBJECT: Motion to Compel Arbitration
Joinder to Motion
Moving Party: Cross-defendants Meadow, Kromwyk, CPAC Holding, and Shadow Frog
Resp. Party: Cross-complainant/Defendant Thomas Scranton
Joining Party: Cross-defendants PES and CPAC
Cross-defendants’ motion is GRANTED in part and DENIED in part. Cross-complainant Scranton’s causes of action 1-7 and 12-15 against Cross-defendants are ordered to arbitration pursuant to the CPAC Holding Agreement and Shadow Frog Agreement. However, Cross-defendants have not shown the 2014 Employment Agreement has an existing arbitration agreement and therefore they have not shown an agreement to arbitrate Scranton’s causes of action 8-11 in the FACC.
The court stays the remaining claims in Scranton’s FACC, the entire action brought by PES in the second amended complaint, and the OFRS Cross-complaint. (Code Civ. Proc., §§ 1281.2, 1281.4.)
Cross-defendants PES and CPAC’s joinder is GRANTED.
BACKGROUND:
Plaintiff Patriot Environmental Services, I
Hearing Date
June 05, 2019
Type
Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)
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SUBJECT: Motion to Compel Arbitration
Joinder to Motion
Moving Party: Cross-defendants Meadow, Kromwyk, CPAC Holding, and Shadow Frog
Resp. Party: Cross-complainant/Defendant Thomas Scranton
Joining Party: Cross-defendants PES and CPAC
Cross-defendants’ motion is GRANTED in part and DENIED in part. Cross-complainant Scranton’s causes of action 1-7 and 12-15 against Cross-defendants are ordered to arbitration pursuant to the CPAC Holding Agreement and Shadow Frog Agreement. However, Cross-defendants have not shown the 2014 Employment Agreement has an existing arbitration agreement and therefore they have not shown an agreement to arbitrate Scranton’s causes of action 8-11 in the FACC.
The court stays the remaining claims in Scranton’s FACC, the entire action brought by PES in the second amended complaint, and the OFRS Cross-complaint. (Code Civ. Proc., §§ 1281.2, 1281.4.)
Cross-defendants PES and CPAC’s joinder is GRANTED.
BACKGROUND:
Plaintiff Patriot Environmental Services, I