UCO
– Benenson Negotiations.
On June 3, Judge
Curley of the Fifteenth Judicial Circuit issued the following
decision:
(a)
references to precedent court cases omitted for brevity;
(b)
the complete text of Judge Curley's decision is available
at
(1) https://appsgp.mypalmbeachclerk.com/eCaseView/
(2) click as “guest”; verify “not a robot”;
(3) enter Case Number 50-2021-CA-012190
(c)
“Plaintiff” is UCO; Defendant is Benenson Capital Corporation,
owner of Century Village's Recreation facilities [Clubhouse;
Hastings; satellite pools))
Summary:
Judge
Curley denied as moot UCO's two challenges (“unconscionability”
and 75%) and ordered both parties to arbitration.
IN
THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
UNITED
CIVIC ORGANIZATION, INC.,
a
Florida not-for-profit corporation, and BRUCE H. KAPLAN,
Plaintiffs,
V.
THE
BENENSON CAPITAL COMPANY LLC,
a
Delaware limited liability company, and W.P.R.F., INC., a Delaware
corporation,
Defendants.
!
CASE
NO: 50-2021-CA-012190 CIVIL DIVISION
ORDER
GRANTING DEFENDANTS
THE
BENENSON CAPITAL COMPANY LLC'S AND W.P.R.F., INC.'S RENEWED MOTION TO
STAY AND COMPEL ARBBTRATION
“ Challenges
to the contract as a whole ((such as Plaintiff's challenge to the
Amended Lease) are for the
arbitrator to decide.......Accordingly,
this
Court is limited in
these proceedings to determining: (1) whether a valid written
agreement to arbitrate exists; (2)whether an arbitrable issue exists;
and (3) whether the right to arbitration was waived. …..Here, all
three
(3) elements are satisfied and require arbitration
of the causes of action
alleged in Plaintiffs' Amended Complaint.../
Accordingly,
the Court having reviewed the Court record, the Motion to Compel
Arbitration, Plaintiffs' Memorandum of Law in Opposition to
Defendants' Motion to Compel Arbitration, and Defendants' Reply in
Support of their Motion to Compel Arbitration, having heard oral
argument of counsel, and being otherwise fully advised in the
premises, it is hereby ORDERED AND ADJUDGED as follows:
1.
Defendants' Motion to Compel Arbitration is GRANTED.
2.
Should Plaintiffs wish to pursue their causes of action against
Defendants, the Court COMPELS Plaintiffs to pursue their causes of
action against Defendants in accordance with the arbitration
procedures set forth in Section 9 of the Amendment and Paragraph 7 of
the Operating Agreement within ninety (90) days of the date of this
Order.
3.
All pending motions are DENIED AS MOOT, and any pending deadlines
are TERMINATED.
4.
This case is STAYED pending arbitration and the Court ORDERS
Plaintiffs to ADVISE the Court in writing once the arbitration is
terminated or the causes of action at issue are otherwise resolved.
5.
The Clerk of Court is DIRECTED to administratively close
this case unless further ordered by this Court.
Richard
Handelsman
