UCO VS. BENENSON AND WPRF - JUNE 3, 2022

 

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