This case was last updated from Los Angeles County Superior Courts on 10/24/2020 at 05:41:06 (UTC).

ALLEN SUPPLY VS BRADLEY P KESSEL, ET AL.

Case Summary

On 05/15/2020 ALLEN SUPPLY filed a Property - Other Real Property lawsuit against BRADLEY P KESSEL. 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:

    *******4222

  • Filing Date:

    05/15/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ALLEN SUPPLY

Defendants

KESSEL LINDA

KESSEL BRADLEY P

 

Court Documents

Minute Order - Minute Order (Hearing on Motion - Other Stay Pending Arbitration)

9/23/2020: Minute Order - Minute Order (Hearing on Motion - Other Stay Pending Arbitration)

Motion re: (name extension) - Motion re: PLAINTIFFS MOTION TO STAY PENDING ARBITRATION

7/6/2020: Motion re: (name extension) - Motion re: PLAINTIFFS MOTION TO STAY PENDING ARBITRATION

Proof of Service by Mail - Proof of Service by Mail

7/6/2020: Proof of Service by Mail - Proof of Service by Mail

Amended Complaint - Amended Complaint (1st)

7/7/2020: Amended Complaint - Amended Complaint (1st)

Proof of Service by Mail - Proof of Service by Mail

7/7/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Court Order Re: PLAINTIFFS MOTION TO STAY PENDING ARBITRATION)

7/8/2020: Minute Order - Minute Order (Court Order Re: PLAINTIFFS MOTION TO STAY PENDING ARBITRATION)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: PLAINTIFFS MOTION TO STAY PENDING ARBITRATION) of 07/08/2020

7/8/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: PLAINTIFFS MOTION TO STAY PENDING ARBITRATION) of 07/08/2020

Minute Order - Minute Order (Nunc Pro Tunc Order Motion to Stay Pending Arbitration)

7/10/2020: Minute Order - Minute Order (Nunc Pro Tunc Order Motion to Stay Pending Arbitration)

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order Motion to Stay Pending Arbitration) of 07/10/2020

7/10/2020: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order Motion to Stay Pending Arbitration) of 07/10/2020

Summons - Summons on Complaint

6/2/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/18/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

5/15/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

5/15/2020: Complaint - Complaint

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

5/15/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 05/19/2023
  • Hearing05/19/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/12/2021
  • Hearing11/12/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/10/2020
  • Hearing11/10/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)

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  • 09/23/2020
  • DocketHearing on Motion - Other Stay Pending Arbitration scheduled for 11/10/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 09/23/2020
  • DocketMinute Order (Hearing on Motion - Other Stay Pending Arbitration)

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  • 09/23/2020
  • DocketOn the Court's own motion, Hearing on Motion - Other Stay Pending Arbitration scheduled for 09/23/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/10/2020 10:30 AM

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  • 07/10/2020
  • DocketMinute Order (Nunc Pro Tunc Order Motion to Stay Pending Arbitration)

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  • 07/10/2020
  • DocketCertificate of Mailing for (Nunc Pro Tunc Order Motion to Stay Pending Arbitration) of 07/10/2020; Filed by: Clerk

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  • 07/10/2020
  • DocketUpdated -- Event scheduled for 09/23/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Type changed from Hearing on Demurrer - without Motion to Strike to Hearing on Motion - Other (name extension)

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  • 07/08/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 09/23/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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4 More Docket Entries
  • 07/06/2020
  • DocketProof of Service by Mail; Filed by: Allen Supply (Plaintiff); As to: Bradley P Kessel (Defendant); Linda Kessel (Defendant)

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  • 07/06/2020
  • DocketMotion re: PLAINTIFFS MOTION TO STAY PENDING ARBITRATION; Filed by: Allen Supply (Plaintiff); As to: Bradley P Kessel (Defendant); Linda Kessel (Defendant)

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  • 06/02/2020
  • DocketSummons on Complaint; Issued and Filed by: Allen Supply (Plaintiff); As to: Bradley P Kessel (Defendant); Linda Kessel (Defendant)

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  • 05/18/2020
  • DocketNon-Jury Trial scheduled for 11/12/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/18/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/19/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/18/2020
  • DocketCivil Case Cover Sheet; Filed by: Allen Supply (Plaintiff)

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  • 05/18/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 05/15/2020
  • DocketComplaint; Filed by: Allen Supply (Plaintiff); As to: Bradley P Kessel (Defendant); Linda Kessel (Defendant)

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  • 05/15/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/15/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC04222    Hearing Date: September 23, 2020    Dept: 25

HEARING DATE:   Wed., September 23, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Allen Supply v. Kessel, et al. COMPL. FILED: 05-15-20

CASE NUMBER: 20STLC04222 DISC. C/O: 10-13-21

NOTICE:   NO (hearing) DISC. MOT. C/O:    10-28-21

TRIAL DATE: 11-12-21

PROCEEDINGS    MOTION TO STAY ALL PROCEEDINGS PENDING CONTRACTUAL ARBITRATION  

MOVING PARTY:   Plaintiff Allen Supply, in pro per

RESP. PARTY: None

MOTION TO STAY PROCEEDINGS  

(CCP § 1281.4)

TENTATIVE RULING:

Plaintiff Allen Supply’s Motion for Stay is CONTINUED TO NOV 10, 2020 AT 10:30 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 addressing 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 September 21, 2020  [   ] Late [X] None

REPLY: None filed as of September 21, 2020  [   ] Late [X] None

ANALYSIS:

  1. Background

On May 15, 2020, Plaintiff Allen Supply (“Plaintiff”) filed an action for foreclosure of a mechanic’s lien against Defendants Bradley P. Kessel and Linda Kessel (collectively, “Defendants”).

On July 6, 2020, Plaintiff filed the instant Motion to Stay all Proceedings Pending Contractual Arbitration (the “Motion”). To date, no opposition has been filed.

The Court scheduled the Motion for hearing for September 23, 2020 at 10:00 a.m. and ordered Plaintiff to give notice of the scheduled hearing (7/8/20 Minute Order.) To date, no proof of service has been filed demonstrating Plaintiff gave Defendants such notice.

  1. Legal Standard

“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.

If an application has been made to a court of competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an action or proceeding pending before a court of this State and such application is undetermined, 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 the application for an order to arbitrate is determined and, if arbitration of such controversy is ordered, until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.” (Code Civ. Proc., § 1281.4.) (Italics added.)

  1. Discussion

As an initial matter, the Court notes that Plaintiff did not file a proof of service demonstrating it gave Defendants notice of the Court’s order scheduling the Motion for hearing for September 23, 2020. In addition, Plaintiff filed this action as “Allen Supply, a sole proprietorship.” However, this is improper. A sole proprietorship is not a legal entity separate from its individual owner. (Twenty-Nine Palms Enterprises Corp. v. Bardos (2012) 210 Cal.App.4th 1435, 1449.) Plaintiff must bring this action in the owner’s name, doing business as Allen Supply.

In addition, Plaintiff bases this Motion on a contract between Dave Bischoff, Inc. and “Brad” Kessel. (Mot., p. 1:24-28, Exh. A.) However, Plaintiff has not attached or filed an assignment demonstrating the rights to the contract were assigned to Plaintiff. Thus, it is unclear whether Plaintiff has standing to bring this Motion.

Furthermore, Plaintiff requests that the Court grant the Motion to stay the lien foreclosure proceedings “and otherwise not hinder block or delay the existing arbitration proceedings, in accordance with the contract’s binding arbitration agreement per CCP § 1281.2 [and] CCP 1281.4…” (Mot., p. 3:23-26.) However, as noted above, Section 1281.4 requires that a court orders arbitration, or that an application for arbitration be pending, before an order staying proceedings can be issued. (Code Civ. Proc., § 1281.4.) Here, Plaintiff has not made an application to this court to compel arbitration and the Court is not in possession of any evidence demonstrating arbitration has been ordered by another court.

Thus, Plaintiff must file and serve supplemental papers correcting the issues noted above. 

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Allen Supply’s Motion for Stay is CONTINUED TO NOV 10, 2020 AT 10:30 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 addressing 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.