Anderson Plant LLC v. Batzer Construction Inc., Fidelity and Deposit Company of Maryland, and Doe Defendants 1 through 30
Published: Jan. 3, 2015 | Result Date: Feb. 26, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-02109-KJM-CMK Bench Decision – Dismissal
Facts
Anderson Plant LLC sued Batzer Construction Inc. and Fidelity and Deposit Co. of Maryland, in connection with a contract dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant Batzer was a construction company that helped refurbish its power plant. The parties' contract contained an arbitration clause. Plaintiff alleged that defendants failed to complete the project in time so it filed a construction lien against them.
Plaintiff opposed defendants' motion to compel arbitration, arguing that the arbitration agreement was unenforceable because Batzer was not a licensed California contractor and California law prohibited arbitration of the issue.
DEFENDANTS' CONTENTIONS:
Defendants asserted that plaintiff failed to pay the amount due under the contract. Defendants also argued that the matter should proceed to arbitration pursuant to the parties' agreement. As such, they moved to stay the action and compel arbitration pursuant to the Federal Arbitration Act.
Result
The court granted defendants' motion to compel arbitration. Accordingly, the court dismissed the case.
Other Information
FILING DATE: Oct. 11, 2013.
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