HEARING ON APPLICATION FOR WRIT OF POSSESSION

FILED BY PLAINTIFFS

* TENTATIVE RULING: *

Plaintiffs Patrick Rodda, Jr. (individually and through a corporate entity) has filed this Application for a Writ of Possession against defendants Benjamin Valega and Robert Reid. In brief, Rodda sold a business to Valega and Reid, namely a gym located in Brentwood. Most of the purchase price was to be paid on a specified payment schedule pursuant to a promissory note, secured by a security interest in the business’s assets. Defendants have defaulted on a substantial payment. This writ application seeks to repossess the collateral. The application is denied. Arbitrability and Waiver

Valega argues that this Court should not even entertain this writ application, because the matter should instead be ordered to arbitration pursuant to ¶ 13 of the Purchase Agreement. And in a nominally separate but substantively related argument, he contends t........