This case was last updated from Los Angeles County Superior Courts on 05/14/2021 at 04:30:50 (UTC).

ALEX SAUL LACEY VS MARLIND FINANCE, INC., ET AL.

Case Summary

On 05/28/2019 ALEX SAUL LACEY filed a Contract - Other Contract lawsuit against MARLIND FINANCE, INC . 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5102

  • Filing Date:

    05/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

LACEY ALEX SAUL

Defendants

MARLIND FINANCE INC.

HUDSON INSURANCE COMPANY

EL GUERO AUTO SALES INC.

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

Defendant Attorneys

ELDER WILLIAM NORMAN

BLANCHARD JOHN R.

GASCOU CHRISTIAN JEAN

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Compel Motion to Lift Stay of Case; Post...)

5/12/2021: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Lift Stay of Case; Post...)

Motion re: (name extension) - Motion re: Notice of Motion and Motion to Lift Stay

10/27/2020: Motion re: (name extension) - Motion re: Notice of Motion and Motion to Lift Stay

Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Plaintiff's Motion to Lift Stay

10/27/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Plaintiff's Motion to Lift Stay

Notice (name extension) - Notice of Non Opposition to Plaintiff's Motion to Lift Stay

2/16/2021: Notice (name extension) - Notice of Non Opposition to Plaintiff's Motion to Lift Stay

Minute Order - Minute Order (Post-Arbitration Status Conference)

2/24/2021: Minute Order - Minute Order (Post-Arbitration Status Conference)

Minute Order - Minute Order (Hearing on Motion to Compel Motion to Lift Stay of Case; Post...)

3/9/2021: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Lift Stay of Case; Post...)

Notice (name extension) - Notice Statement of Hudson Insurance Company re Plaintiff's Motion to Compel Arbitration

4/13/2020: Notice (name extension) - Notice Statement of Hudson Insurance Company re Plaintiff's Motion to Compel Arbitration

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Reply (name extension) - Reply PLAINTIFFS REPLY TO DEFENDANT MARLIND FINANCE, INC.S OPPOSITION TO PLAINTIFFS MOTION TO COMPEL ARBITRATION

4/16/2020: Reply (name extension) - Reply PLAINTIFFS REPLY TO DEFENDANT MARLIND FINANCE, INC.S OPPOSITION TO PLAINTIFFS MOTION TO COMPEL ARBITRATION

Declaration (name extension) - Declaration of Nima Heydari in Support of Plaintiff's Motion to Compel Arbitration

2/26/2020: Declaration (name extension) - Declaration of Nima Heydari in Support of Plaintiff's Motion to Compel Arbitration

Motion re: (name extension) - Motion re: PLAINTIFFS MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR COSTS.

2/26/2020: Motion re: (name extension) - Motion re: PLAINTIFFS MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR COSTS.

Answer - Answer

8/21/2019: Answer - Answer

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

7/18/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

7/18/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

7/18/2019: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

5/30/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

5/28/2019: First Amended Standing Order - First Amended Standing Order

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

5/28/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

20 More Documents Available

 

Docket Entries

  • 03/10/2021
  • DocketMotion re: Notice of Amended Motion and Amended Motion to Lift Stay; Filed by: Alex Saul Lacey (Plaintiff); As to: Marlind Finance, Inc. (Defendant); El Guero Auto Sales, Inc. (Defendant)

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  • 03/10/2021
  • DocketNotice Plaintiff's Notice of Continued Motion to Lift Stay; Filed by: Alex Saul Lacey (Plaintiff); As to: Marlind Finance, Inc. (Defendant); El Guero Auto Sales, Inc. (Defendant)

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  • 03/09/2021
  • DocketHearing on Motion to Compel Motion to Lift Stay of Case scheduled for 05/12/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 03/09/2021
  • DocketPost-Arbitration Status Conference scheduled for 05/12/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 03/09/2021
  • DocketMinute Order (Hearing on Motion to Compel Motion to Lift Stay of Case; Post...)

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  • 03/09/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Motion to Lift Stay of Case scheduled for 03/09/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/12/2021 10:00 AM

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  • 03/09/2021
  • DocketOn the Court's own motion, Post-Arbitration Status Conference scheduled for 03/09/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/12/2021 10:00 AM

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  • 02/24/2021
  • DocketPost-Arbitration Status Conference scheduled for 03/09/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 02/24/2021
  • DocketNotice of Continuance of Post Arbitration Status Conference; Filed by: Marlind Finance, Inc. (Defendant); As to: Alex Saul Lacey (Plaintiff)

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  • 02/24/2021
  • DocketMinute Order (Post-Arbitration Status Conference)

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26 More Docket Entries
  • 07/11/2019
  • DocketAnswer; Filed by: Marlind Finance, Inc. (Defendant); As to: Alex Saul Lacey (Plaintiff)

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  • 06/07/2019
  • DocketAffidavit Affidavit Re Venue; Filed by: Alex Saul Lacey (Plaintiff)

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  • 05/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Alex Saul Lacey (Plaintiff)

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  • 05/28/2019
  • DocketNon-Jury Trial scheduled for 11/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/28/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/31/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/28/2019
  • DocketComplaint; Filed by: Alex Saul Lacey (Plaintiff); As to: Marlind Finance, Inc. (Defendant); Hudson Insurance Company (Defendant)

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  • 05/28/2019
  • DocketCivil Case Cover Sheet; Filed by: Alex Saul Lacey (Plaintiff); As to: Marlind Finance, Inc. (Defendant); Hudson Insurance Company (Defendant)

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  • 05/28/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/28/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/28/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC05102    Hearing Date: May 12, 2021    Dept: 25

PROCEEDINGS: MOTION TO LIFT STAY

MOVING PARTY: Plaintiff Alex Lacey

RESP. PARTY: None

MOTION TO LIFT ARBITRATION STAY

(CCP § 1281.4)

TENTATIVE RULING:

Plaintiff Alex Lacey’s Motion to Lift Stay is GRANTED.

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 May 7, 2021 [ ] Late [X] None

REPLY: None filed as of May 7, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On May 28, 2019, Plaintiff Alex Saul Lacey (“Plaintiff”) filed an action against Defendants El Guero Auto Sale, Inc. (“El Guero”), Marlind Finance, Inc. (“Marlind”), and Hudson Insurance Company (“Hudson”) (collectively, “Defendants”). An Answer was filed by Defendant Marlind on July 11, 2019, by Defendant El Guero on August 21, 2019, and by Defendant Hudson on August 26, 2019.

On February 26, 2020, Plaintiff filed a motion to compel arbitration and to stay the action as to Defendants Marlind and El Guero. The Court granted that motion on June 25, 2020 and ordered the motion stayed pending arbitration before the AAA. (6/25/20 Minute Order.)

On October 27, 2020, Plaintiff filed the instant Motion to Lift Stay (the “Motion”). Defendant Marlind filed a notice of non-opposition on February 16, 2021. No opposition by Defendant El Guero was filed.

The initial March 9, 2021 hearing was continued because Plaintiff’s Motion did not cite any legal authority. (3/9/21 Minute Order.) Plaintiff was ordered to file and serve supplemental papers correcting this deficiency at least 16 court days before the next scheduled hearing. (Id.)

Plaintiff filed an Amended Motion and Notice of Continuance on March 10.

II. Legal Standard & Discussion

Plaintiff seeks an order lifting the arbitration stay in this case. (Amended Mot., p. 3:5-9.) Plaintiff presents evidence that, after this Court granted his motion to compel arbitration on June 25, 2020, Plaintiff’s attorney filed a Statement of Claims with the AAA. (10/27/20 Heydari Decl., ¶ 4, Exh. 1.) On July 27, 2020, AAA sent correspondence to the parties accepting the case and directing Defendant El Guero to submit its arbitration clause for review and pay arbitration fees by August 10, 2020. (Id. at ¶ 5, Exh. 2.) On August 11, 2020, the AAA mailed the parties a second letter requesting that Defendant El Guero pay the required arbitration fees by September 9, 2020. (Id. at ¶ 7, Exh. 3.) The AAA warned that failure to remit payment would result in the case being administratively closed. (Id.) Finally, on September 17, 2020, the AAA sent a letter notifying the parties that it declined to administer the case due to Defendant El Guero’s failure to pay the required fees. (Id. at ¶ 9, Exh. 4.)

Code of Civil Procedure section 1281.4 provides, in pertinent part:

“If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.” (Emphasis added.)

“ ‘This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits (in which case the action at law should be dismissed because of the res judicata effects of the arbitration award) [citations] or not (at which point the action at law may resume to determine the rights of the parties). [Citations.]’ [Citation.]” (Cinel v. Christopher (2012) 203 Cal.App.4th 759, 769.)

As discussed above, the AAA closed the parties’ file and declined to administer the case due to Defendant El Guero’s failure to pay the required fees. Thus, arbitration proceedings have concluded without a decision on the merits. Accordingly, the Court may lift the stay and proceed with trial. (Id.)

III. Conclusion & Order

For the foregoing reasons, Plaintiff Alex Lacey’s Motion to Lift Stay is GRANTED.

Moving party is ordered to give notice.

Case Number: 19STLC05102    Hearing Date: March 9, 2021    Dept: 25

HEARING DATE: Tue., March 9, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Lacey v. Marlind Finance, Inc., et al. COMPL. FILED: 05-28-19

CASE NUMBER: 19STLC05102 DISC. C/O: NONE

NOTICE: OK DISC. MOT. C/O: NONE

TRIAL DATE: NONE

PROCEEDINGS: MOTION TO LIFT STAY

MOVING PARTY: Plaintiff Alex Lacey

RESP. PARTY: None

MOTION TO LIFT ARBITRATION STAY

(CCP § ???)

TENTATIVE RULING:

Plaintiff Alex Lacey’s Motion to Lift Stay is CONTINUED TO MAY 12, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 March 5, 2021 [ ] Late [X] None

REPLY: None filed as of March 5, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On May 28, 2019, Plaintiff Alex Saul Lacey (“Plaintiff”) filed an action for violation of the Consumer Legal Remedies Act, violation of California Business and Professions Code section 17200, negligent misrepresentation, and claim against surety against Defendants El Guero Auto Sale, Inc. (“El Guero”), Marlind Finance, Inc. (“Marlind”), and Hudson Insurance Company (“Hudson”) (collectively, “Defendants”). An Answer was filed by Defendant Marlind on July 11, 2019, by Defendant El Guero on August 21, 2019, and by Defendant Hudson on August 26, 2019.

On February 26, 2020, Plaintiff filed a motion to compel arbitration and stay the action as to Defendants Marlind and El Guero. The Court granted that motion on June 25, 2020 and ordered the motion stayed pending arbitration before the AAA. (6/25/20 Minute Order.)

On October 27, 2020, Plaintiff filed the instant Motion to Lift Stay (the “Motion”). Defendant Marlind filed a notice of non-opposition on February 16, 2021. No opposition by Defendant El Guero was filed.

As an initial matter, the Court notes Plaintiff’s Motion does not comply with the requirements of California Rules of Court, rule 3.1113. Rule 3.1113 requires that motions include a supporting memorandum containing “a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the positions advanced.” (Cal. Rules of Court, rule 3.1113, subd. (b).)

Here, Plaintiff’s Motion does not cite any legal authority. Without citation to legal authority, the Court has no basis on which to grant relief. Plaintiff is ordered to file and serve supplemental papers correcting this deficiency.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Alex Lacey’s Motion to Lift Stay is CONTINUED TO MAY 12, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file and serve supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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