CV-23-005444 – CENTRAL VALLEY SIERRA ASSOCIATES vs CITY OF PATTERSON – a) Defendant’s Motion to Compel Arbitration and Stay Proceedings – DENIED; b) Order to Show Cause for Hearing on Preliminary Injunction – GRANTED. $250,000 bond required.
MOTION TO COMPEL ARBITRATION
Section 1281.2 of the Code of Civil Procedure states, “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement.”
Petitioner Central Valley – Sierra Associates (“CVSA”) is correct in contending that there is an overarching level of review requested here and that this level of revi