SF 2402 LLC v. B.F.B., Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SF 2402 LLC, ) Case No.: 3:21-cv-00906-BEN-JLB ) Plaintiff, ) ORDER DENYING DEFENDANT’S v. ) MOTION TO COMPEL ) ARBITRATION AND STAY THE B.F.B., INC. d/b/a BRADFORD FOX ) PROCEEDINGS

BUILDERS AND DOES 1 THROUGH

) 10, ) [ECF No. 5] 16 Defendants. ) 17 I. INTRODUCTION 19 SF 2402 LLC (“Plaintiff”) brings this action against B.F.B., Inc. d/b/a Bradford 20 Fox Builders (“Defendant”) for breach of contract, breach of the implied warranty of 21 good faith and fair dealing, breach of an express warranty, and negligence. Complaint, 22 ECF No. 1 (“Compl.”) at 1 ¶ 1. 23 Before the Court is Defendant’s Motion to Compel Arbitration and Stay the 24 Proceedings (“the Motion”). ECF No. 5. The Motion was submitted on the papers 25 without oral argument pursuant to Civil Local Rule 7.1(d)(1) and Rule 78(b) of the 26 Federal Rules of Civil Procedure. ECF No. 7. After considering the papers submitted, 27 supporting documentation, and…