Kaneko Ford Design v. Citipark, Inc.

This appeal presents a question of first impression regarding an application to stay an action to enforce a recorded claim of lien pending arbitration of a dispute which is relevant to that lien. (Code Civ. Proc., § 1281.5.)

When a person commences a civil action to enforce a recorded mechanics’ lien and, as authorized by section 1281.5, at the time of filing such action, files an application that such action be stayed pending the arbitration of any dispute claimed to be arbitrable under a written agreement which is relevant to the action to enforce the claim of lien, does the filing of that application, per se, stay such civil action? We hold that it does not.

The record on appeal, and the superior court file in this case, reflect the following facts and procedures.

In November 1985, plaintiff and appellant Kaneko Ford Design (Kaneko) entered into a written contract (the contract) with defendant Citipark, Inc. (Citipark) to provide the interior design and specifications for a suite for Citipark (Citipark suite) on the ninth floor of Citicorp Plaza, an office building in downtown Los Angeles alleged to be owned by defendant Oxford Properties, Inc. (Oxford). The…