This case was last updated from Los Angeles County Superior Courts on 07/14/2021 at 07:30:26 (UTC).

ADOLFO GARBER VS MARYETTA C. MARKS

Case Summary

On 12/11/2020 ADOLFO GARBER filed an Other - Arbitration lawsuit against MARYETTA C MARKS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4084

  • Filing Date:

    12/11/2020

  • Case Status:

    Other

  • Case Type:

    Other - Arbitration

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

GARBER ADOLFO

Respondent

MARKS MARYETTA C.

Attorney/Law Firm Details

Petitioner Attorneys

GARBER TYLER GABRIELA

GARBER ADOLFO B

 

Court Documents

Request for Dismissal - Request for Dismissal

7/9/2021: Request for Dismissal - Request for Dismissal

Notice of Settlement - Notice of Settlement

7/6/2021: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

7/6/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Motion to Compel (name extension) - Motion to Compel Petitioner's Motion To Compel Respondence To Comply with The Court's Order

6/14/2021: Motion to Compel (name extension) - Motion to Compel Petitioner's Motion To Compel Respondence To Comply with The Court's Order

Declaration (name extension) - Declaration Declaration of Adolfo B. Garber In Support of Motion To Compel

6/14/2021: Declaration (name extension) - Declaration Declaration of Adolfo B. Garber In Support of Motion To Compel

Memorandum of Points & Authorities - Memorandum of Points & Authorities

6/14/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Minute Order - Minute Order (Hearing on Petition TO COMPEL CONTRACTUAL ARBITRATION)

4/16/2021: Minute Order - Minute Order (Hearing on Petition TO COMPEL CONTRACTUAL ARBITRATION)

Notice of Ruling - Notice of Ruling

4/16/2021: Notice of Ruling - Notice of Ruling

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/26/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

First Amended Standing Order - First Amended Standing Order

12/11/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

12/11/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/11/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Petition (name extension) - Petition TO COMPEL CONTRACTUAL ARBITRATION

12/11/2020: Petition (name extension) - Petition TO COMPEL CONTRACTUAL ARBITRATION

Civil Case Cover Sheet - Civil Case Cover Sheet

12/11/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Memorandum (name extension) - in support of Petition To Compel Contractual Arbitration

12/11/2020: Memorandum (name extension) - in support of Petition To Compel Contractual Arbitration

Declaration (name extension) - Declaration OF ADOLFO B. GARBER IN SUPPORT OF PETITION TO COMPEL CONTRACTUAL ARBITRATION

12/11/2020: Declaration (name extension) - Declaration OF ADOLFO B. GARBER IN SUPPORT OF PETITION TO COMPEL CONTRACTUAL ARBITRATION

Notice of Hearing on Petition - Notice of Hearing on Petition

12/14/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Memorandum of Points & Authorities - Memorandum of Points & Authorities

12/14/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

8 More Documents Available

 

Docket Entries

  • 07/13/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/08/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/13/2021

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  • 07/09/2021
  • DocketOn the Petition filed by Adolfo Garber on 12/11/2020, entered Request for Dismissal with prejudice filed by Adolfo Garber as to the entire action

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  • 07/06/2021
  • DocketNotice of Settlement; Filed by: Adolfo Garber (Petitioner); Vacate Future Dates: No

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  • 07/06/2021
  • DocketUpdated -- Notice of Settlement: Status Date changed from 07/06/2021 to 07/06/2021; As To Parties: removed

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  • 07/06/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 09/08/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 07/06/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 07/06/2021
  • DocketPost-Arbitration Status Conference scheduled for 02/02/2022 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/06/2021

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  • 07/06/2021
  • DocketHearing on Motion for Order Motion to Compel Respondent To Comply with The Court's Order For Contractual Arbitration scheduled for 10/14/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/06/2021

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  • 06/15/2021
  • DocketUpdated -- Motion to Compel TO COMPEL RESPONDENT TO COMPLY WITH THE COURT'S ORDER FOR CONTRACTUAL ARBITRATION; REQUEST FOR MONETARY SANCTIONS; AGAINST RESPONDENT, MARYETTA C, MARKS IN THE AMOUNT OF $1,000.00;: Name Extension changed from Petitioner's Motion To Compel Respondence To Comply with The Court's Order to TO COMPEL RESPONDENT TO COMPLY WITH THE COURT'S ORDER FOR CONTRACTUAL ARBITRATION; REQUEST FOR MONETARY SANCTIONS; AGAINST RESPONDENT, MARYETTA C, MARKS IN THE AMOUNT OF $1,000.00;; As To Parties changed from Maryetta C. Marks (Respondent) to Maryetta C. Marks (Respondent)

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  • 06/15/2021
  • DocketHearing on Motion for Order Motion to Compel Respondent To Comply with The Court's Order For Contractual Arbitration scheduled for 10/14/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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11 More Docket Entries
  • 12/11/2020
  • DocketPetition TO COMPEL CONTRACTUAL ARBITRATION; Filed by: Adolfo Garber (Petitioner); As to: Maryetta C. Marks (Respondent)

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  • 12/11/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 12/11/2020
  • DocketDeclaration OF ADOLFO B. GARBER IN SUPPORT OF PETITION TO COMPEL CONTRACTUAL ARBITRATION; Filed by: Adolfo Garber (Petitioner); As to: Maryetta C. Marks (Respondent)

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  • 12/11/2020
  • DocketCivil Case Cover Sheet; Filed by: Adolfo Garber (Petitioner); As to: Maryetta C. Marks (Respondent)

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  • 12/11/2020
  • Docketin support of Petition To Compel Contractual Arbitration; Filed by: Adolfo Garber (Petitioner); As to: Maryetta C. Marks (Respondent)

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  • 12/11/2020
  • DocketSummons on Petition; Issued and Filed by: Adolfo Garber (Petitioner); As to: Maryetta C. Marks (Respondent)

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  • 12/11/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/11/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/11/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/11/2020
  • DocketHearing on Petition TO COMPEL CONTRACTUAL ARBITRATION scheduled for 04/16/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less

Tentative Rulings

Case Number: 20STCP04084    Hearing Date: April 16, 2021    Dept: 25

HEARING DATE:   Fri., April 16, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Garber v. Marks PET. FILED: 12-11-20

CASE NUMBER: 20STCP04084

NOTICE:   OK

PROCEEDINGS    PETITION TO COMPEL CONTRACTUAL ARBITRATION

MOVING PARTY:   Petitioner Adolfo Garber

RESP. PARTY: None

PETITION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Petitioner Adolfo Garber’s Petition to Compel Contractual Arbitration is GRANTED. The parties’ dispute is to be arbitrated before the Los Angeles County Bar Association. 

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of April 14, 2021 [   ] Late [X] None

REPLY: None filed as of April 14, 2021 [   ] Late [X] None

ANALYSIS:

  1. Background

Petitioner filed the instant Petition to Compel Contractual Arbitration (the “Petition”) on December 11, 2020 against Respondent Maryetta C. Marks (“Respondent”). On January 26, 2021, Petitioner filed a proof of service demonstrating Respondent was sub-served with the Petition and Notice of Hearing on January 5, 2021.

No opposition has been filed.

  1. Legal Standard

“On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement.” (Code Civ. Proc., §§ 1281.2(a)-(b).) As with other types of agreements, “[t]he failure of the [party] to carefully read the agreement and the amendment is not a reason to refuse to enforce the arbitration provisions.” (Powers v. Dickson, Carlson & Campillo (1997) 54 Cal.App.4th 1102, 1115.) “California law, ‘like [federal law], reflects a strong policy favoring arbitration agreements and requires close judicial scrutiny of waiver claims.’” (Wagner Const. Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 31.) If the court orders arbitration, then the court shall stay the action until arbitration is completed.  (See Code Civ. Proc., § 1281.4.)

  1. Discussion

The parties entered into an Agreement to Arbitrate a Fee Dispute & to Cooperate in Closing Case of Patricia Thomas (the “Agreement”) which was signed by Petitioner on November 4, 2020 and by Respondent on November 6, 2020. (Mot., Garber Decl., ¶ 4, Exh. A.) The Agreement contains the following arbitration provision:

“IT IS AGREED that in order to mitigate costs that ‘Counsel’ each agree to use the Los Angeles County Bar Association Attorney-Client Mediation and Arbitration Services (LACBA), which also handles lawyer v. lawyer fee disputes, to arbitrate their fee dispute. Once all funds other than the remaining attorney’s fees have been distributed, ‘Counsel’ shall each promptly complete a ‘Petition for Voluntary Arbitration’ which [Petitioner] will send to [Respondent].”

(Id.)

Petitioner states that prior to filing the instant Petition, he sent Respondent a Petition for Voluntary Arbitration with the Los Angeles County Bar Association, Attorney-Client Mediation and Arbitration Services, but Respondent did not respond. (Id. at ¶ 6, Exh. F.) Notably, Respondent has not filed an opposition to this Petition.

Based on the above, Petitioner has demonstrated the existence of a valid arbitration agreement and the Court finds there is no defense to its enforcement. Accordingly, Petitioner’s unopposed Petition is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Adolfo Garber’s Petition to Compel Contractual Arbitration is GRANTED. The parties’ dispute is to be arbitrated before the Los Angeles County Bar Association. 

Moving party is ordered to give notice.

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