Nanda

BACKGROUND

Dr. Nanda is a dental surgeon who subleased property in San Francisco from defendants for his dental practice. In his complaint, he alleged defendants breached subleasing contracts, and he sought injunctive relief and damages totaling $3.59 million. The subleasing contracts included a sublease agreement dated March 5, 2005 (Sublease), and an addendum to the Sublease dated November 2007 (Addendum), which the parties entered after “a dispute [arose] between Sublessor and Sublessee as to the relative rights and obligations of the Sublessee under the Sublease.” The verified complaint alleged that “[o]n February 29, 2012[,] Dr. Nanda served Dr. Hack with an arbitration demand . . . assert[ing] his rights to arbitration and recovery of liquidated damages at the rate of

1 $2,000 per day from the period December 1, 2005 to October 31, 2010. [¶] . . . [¶] . . . On July 24, 2012, the various issues and disputes of the parties were arbitrated in front of Arbitrator Shelley A. Gordon. The arbitration was unsuccessful and resulted in an erroneous, rushed (?); denial to exchange no rebuttal; decision in favor of Dr. Hack.” Defendants filed a demurrer to the complaint asserting that…