DUYEN NGUYEN VS. TRINA MUI ET AL
Case Information
Motion(s)
MOTION TO COMPEL ARBITRATION
Motion Type Tags
Other
Parties
- Plaintiff: DUYEN NGUYEN
- Defendant: TRINA MUI
- Defendant: KENNETH MUI
- Defendant: ANTHONY MUI
- Defendant: MARIE MUI
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC25627868 - February 20, 2026 Hearing date: February 20, 2026 Case number: CGC25627868 Case title: DUYEN NGUYEN VS. TRINA MUI ET AL Case Number: | | CGC25627868 | Case Title: | | DUYEN NGUYEN VS. TRINA MUI ET AL | Court Date: | | 2026-02-20 09:30 AM | Calendar Matter: | | MOTION TO COMPEL ARBITRATION | Rulings: | | Real Property/Housing Court Law and Motion Calendar for February 20, 2026. Line 4.1.
DEFENDANT TRINA MUI, KENNETH MUI, ANTHONY MUI, MARIE MUI MOTION TO COMPEL ARBITRATION is DENIED. Moving party failed to show that this action is subject to CC 5930. The Court notes that the moving papers cite no cases to support Defendant's position re: dismissal and the reply cites an unpublished decision. Moving party also failed to show that there is a binding arbitration clause covering the dispute in this action.
Section 17.4 of CC&Rs provides in relevant part: "The purpose of section 17.4 is to provide an expedited means of resolving any claims, disputes and disagreements which may arise between an Owner and the Association and Declarant..concerning the Property, the Fit and Finish Warranty that are not resolved pursuant to any applicable statutory resolution procedures (individually referenced to herein as "Dispute" and collectively as "Disputes"). Initially, Declarant will attempt to resolve any Dispute asserted by an Owner or the Association of which it is given notice. If the Dispute cannot be resolved between the parties in this manner, it will be decided through the arbitration procedure as set forth below." =(501/CFH)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).
Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |