HEARING ON MOTION TO COMPEL ARBITRATION AND STAY ACTION

FILED BY MERITAGE HOMES OF CALIFORNIA INC.

* TENTATIVE RULING: *

Plaintiffs are homeowners who purchased single family residences in the Copper Ridge community in Antioch developed by defendant Meritage Homes of California, Inc. (“Defendant” or “Meritage”). Plaintiffs filed a complaint against Meritage alleging claims for violation of California Civil Code § 895 and breach of contract arising out of Meritage’s residential development known as Copper Ridge in Antioch. Meritage moves to compel arbitration of the claims and to stay the action pending arbitration, and Plaintiffs oppose the motion. For the reasons set forth, the motion is GRANTED.

Summary of the Motion and Opposition

Plaintiffs are either original purchasers or subsequent purchasers of single family residences built by Meritage at the Copper Ridge Development. The Original Purchaser Plaintiffs purchased their homes directly from Meritage. The Subsequent Purchaser