Petition by Defendants BARBER AUTO MALL PROPERTIES, L.P.; BARBER FAIRFIELD MANAGEMENT COMPANY, LLC; and RONALD L. BARBER to Compel Arbitration and Motion to Stay Action
TENTATIVE RULING
TOYOTA MOTOR CREDIT CORPORATION (“TMCC”) has filed a dismissal of its complaint.
Remaining at issue is whether the cross-complaint filed by Cross-complainant PONTUS MAG FAIRFIELD LLC (“PONTUS MAG”) against cross-defendants BARBER AUTO MALL PROPERTIES, L.P.; BARBER FAIRFIELD MANAGEMENT COMPANY, LLC; and RONALD L. BARBER (“BARBERS”) is subject to arbitration and the scope of that arbitration.
It is undisputed that the Real Estate Purchase Agreement (“REPA”) assigned to Cross- complainant contains an arbitration clause.
Any party to a contract containing an arbitration provision may file a petition to compel arbitration of a dispute or disputes, as long as the dispute or disputes fall within the scope of that provision. (C.C.P. §1281.2.)
The party seeking to compel arbitration bears the burden of proof to
Hearing Date
November 17, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
Petition by Defendants BARBER AUTO MALL PROPERTIES, L.P.; BARBER FAIRFIELD MANAGEMENT COMPANY, LLC; and RONALD L. BARBER to Compel Arbitration and Motion to Stay Action
TENTATIVE RULING
TOYOTA MOTOR CREDIT CORPORATION (“TMCC”) has filed a dismissal of its complaint.
Remaining at issue is whether the cross-complaint filed by Cross-complainant PONTUS MAG FAIRFIELD LLC (“PONTUS MAG”) against cross-defendants BARBER AUTO MALL PROPERTIES, L.P.; BARBER FAIRFIELD MANAGEMENT COMPANY, LLC; and RONALD L. BARBER (“BARBERS”) is subject to arbitration and the scope of that arbitration.
It is undisputed that the Real Estate Purchase Agreement (“REPA”) assigned to Cross- complainant contains an arbitration clause.
Any party to a contract containing an arbitration provision may file a petition to compel arbitration of a dispute or disputes, as long as the dispute or disputes fall within the scope of that provision. (C.C.P. §1281.2.)
The party seeking to compel arbitration bears the burden of proof to