Q: Would you compel arbitration? or file a motion to dismiss based off of improper venue?
Contractor filed a civil suit. Has an arbitration clause in contract. He also filed a lien he never enforced which is way past 90 days.
What is the best approach as a defendant?
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A:
Given the presence of an arbitration clause in the contract, a motion to compel arbitration would be a typical approach in California when faced with a civil suit. Arbitration clauses are generally enforceable unless they're unconscionable or otherwise violate public policy. By compelling arbitration, you're enforcing the parties' original agreement to resolve disputes outside of court.
The unenforced lien that's past its 90-day enforcement window might become irrelevant if the matter is sent to arbitration, as the arbitrator would consider the claims before them. A motion based on improper venue would generally hinge on specific contract terms or statutory grounds showing the court is an inappropriate forum.
However, given the arbitration clause, compelling arbitration might be the more direct strategy. As always, review the specific facts, contract terms, and consult with legal counsel to ensure you're taking the best approach for your situation.
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