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Tentative Ruling: Philip Lightstone et al v Brian Kelly et al

Case Number

25CV08100

Case Type

Civil Law & Motion

Hearing Date / Time

Mon, 04/27/2026 - 10:00

Nature of Proceedings

Petition: Compel Arbitration

Tentative Ruling

On December 29, 2025, petitioners Philip Lightstone and Colin O’Dea filed this petition to compel arbitration of a dispute with respondents Brian Kelly, Michael Kelly, and 2380 N. Refugio Road, LLC. On April 10, 2026, petitioners filed and served notice of this hearing on the petition. On April 14, 2026, respondents filed a response/ opposition. Respondents agree that arbitration of the dispute is proper and agree to the appointment of Judge Frank J. Ochoa (Ret.) as arbitrator. (Response, at p. 1.) The only present dispute appears to be whether an award of attorney fees as requested in the petition is proper in connection with this motion.

The notice of this motion requests only an order compelling arbitration and the appointment of an arbitrator. The notice of motion does not mention an award of attorney fees. The court will grant the motion to compel arbitration and to appoint Judge Frank J. Ochoa (Ret.) as arbitrator. The court does not now make any determination as to any award of attorney fees, either as to entitlement or as to amount. Any claim for an award of attorney fees must be made by noticed motion.

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