2013-00149320-CU-OR

Gray1 Mayfield 37 LLC vs. AKT Development Corporation

Nature of Proceeding: Motion to Compel Arbitration and Stay Action Pending Arbitration

Filed By: Tomita, Staci M.

Plaintiff’s motion for an order compelling arbitration and staying this civil action is
UNOPPOSED and GRANTED.

“Under both federal and state law, the threshold question presented by a
petition to compel arbitration is whether there is an agreement to arbitrate.” (
th
Sparks v. Vista Del Mar Child and Family Svcs. (2012) 207 Cal.App.4 1511,
1517.) “A party seeking to compel arbitration has the burden of proving the
existence of a valid agreement to arbitrate.” (Id. [citations omitted].) “Once that
burden is satisfied, the party opposing arbitration must prove by a
preponderance of the evidence any defense to the petition.” (Id. [citations
omitted].)

Plaintiff has produced undisputed evidence of the parties’ valid agreement to
arbitrate. (See Holty Decl., Exh. 2 at ¶ 5.18.) It is also undisputed that
Plaintiff’s causes of action are within the scope of the arbitration agreement.
Accordingly, Plaintiff has met its initial burden.

Because Defendants have not filed any opposition, they have not proved the
existence of any defense. Thus, the court grants the motion.

The parties are directed to arbitrate their dispute pursuant to the terms of the
agreement.

This action is STAYED pending resolution of the arbitration.