Zenovic

*219 *245 INTRODUCTION

James Zenovic doing business as James Zenovic Construction (Zenovic) appeals an order denying his petition to compel arbitration in an action filed by Von Becelaere Ventures, LLC (VBV) in San Diego County. The trial court determined Zenovic waived his right to compel arbitration by filing a separate complaint in Orange County to foreclose on a mechanics lien without complying with provisions in *246 Code of Civil Procedure section 1281.5 1 to preserve his arbitration rights. Zenovic contends the court misread and misapplied section 1281.5, which he contends should only apply to the mechanics lien action and should not operate to preclude arbitration of the separate action filed by VBV. We disagree. We conclude section 1281.5"means what it says: A party who files an action to enforce a mechanic's lien, but who does not at the same time request that the action be stayed pending arbitration, waives any right to arbitration." ( R. Baker v. Motel 6 (1986) 180 Cal.App.3d 928 , 929, 225 Cal.Rptr. 849 ( Baker ).) We, therefore, affirm the order.

BACKGROUND

A

VBV entered into a construction contract with Zenovic to construct a single-family residence on property…