Before the Court are three related motions, as follows:
Motion 1: the Motion filed by Plaintiff John Pena (“Plaintiff”) for Order Compelling Arbitration, etc. on his claims against Defendant Mario Sustayta (“Defendant”), filed on 4/12/21;
Motion 2: the Motion filed by Cross-Defendants Pickford Real Estate, Inc. dba Berkshire Hathaway HomeServices California Properties and Kimmett Ann Seidenberg (the “Broker Defendants”) to Stay Action Pending Arbitration, filed on 6/25/21; and
Motion 3: the Motion filed by Defendant to Compel Arbitration as to his cross-claims against the Broker Defendants, filed on 8/17/21. Motion 1 is GRANTED. Plaintiff has shown that an applicable agreement to arbitrate exists, as reflected in the Residential Income Property Purchase Agreement and Joint Escrow Instructions (the “RPA”) presented with the Motion, and that it applies to the claims at issue. Defendant concedes that this is so. The Motion to compel arbitration is therefore granted.
However, under the RPA
Hearing Date
September 13, 2021
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Before the Court are three related motions, as follows:
Motion 1: the Motion filed by Plaintiff John Pena (“Plaintiff”) for Order Compelling Arbitration, etc. on his claims against Defendant Mario Sustayta (“Defendant”), filed on 4/12/21;
Motion 2: the Motion filed by Cross-Defendants Pickford Real Estate, Inc. dba Berkshire Hathaway HomeServices California Properties and Kimmett Ann Seidenberg (the “Broker Defendants”) to Stay Action Pending Arbitration, filed on 6/25/21; and
Motion 3: the Motion filed by Defendant to Compel Arbitration as to his cross-claims against the Broker Defendants, filed on 8/17/21. Motion 1 is GRANTED. Plaintiff has shown that an applicable agreement to arbitrate exists, as reflected in the Residential Income Property Purchase Agreement and Joint Escrow Instructions (the “RPA”) presented with the Motion, and that it applies to the claims at issue. Defendant concedes that this is so. The Motion to compel arbitration is therefore granted.
However, under the RPA