Von Becelaere Ventures, LLC v. Zenovic

James Zenovic, doing business as James Zenovic Construction (Zenovic), appealed an order denying his petition to compel arbitration in an action filed by Von Becelaere Ventures, LLC (VBV). 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 Code of Civil Procedure section 1281.51 to preserve his arbitration rights. Zenovic contended the court misread and misapplied section 1281.5, which he contended should only have applied to the mechanics lien action and should not have operated to preclude arbitration of the separate action filed by VBV. The Court of Appeal disagreed: "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.'" The Court, therefore, affirmed the order. View "Von Becelaere Ventures, LLC v. Zenovic" on Justia Law