Sheldon Grossfeld, Retired Hon. Richard Gilbert, Retired Joseph Ramsey, Esq. This minute order is effective immediately. No formal order pursuant to Rule of Court 391 or other notice is required, the tentative ruling providing sufficient notice. This matter is dropped from calendar for untimely notice.
Defective notice deprives the court of jurisdiction to rule on the motion .
The contract clearly contains a binding arbitration agreement. Although defendants' actions in agreeing to judicial arbitration can be considered inconsistent with the intent to proceed with contractual arbitration, such actions must also have caused prejudice to plaintiff. Plaintiff has failed to carry the heavy burden of establishing waiver of arbitration. This minute order is effective immediately. No formal order pursuant to Rule of Court 391 or othernotice is required, the tentative ruling providing sufficient notice.