ANDRES AJIZ GONZALEZ VS DON AM MOTORS INC., ET AL.

Tentative Rulings

Case Number: 20STLC04660    Hearing Date: March 10, 2021    Dept: 25

HEARING DATE: Wed., March 10, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Gonzalez v. Don AM Motors, Inc., et al. COMPL. FILED: 06-03-20

CASE NUMBER: 20STLC04660 DISC. C/O: 11-01-21

PROCEEDINGS: MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, AND REQUEST FOR COSTS

MOVING PARTY: Plaintiff Andres Ajiz Gonzalez

RESP. PARTY: Defendant Article Acceptance Company

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Plaintiff Andres Ajiz Gonzalez’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs is CONTINUED TO MAY 13, 2021 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 demonstrating all parties received adequate notice of the hearing. 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

Defendant Article Acceptance

OPPOSITION: Filed on December 30, 2021 [ ] Late [ ] None

REPLY: Filed on January 14, 2021 [ ] Late [ ] None

Defendant AM Motors

OPPOSITION: None filed as of March 8, 2021 [ ] Late [X] None

REPLY: None filed as of March 8, 2021 [ ] Late [X] None

ANALYSIS:

1. Background & Discussion

On June 3, 2020, Plaintiff Andres Ajiz Gonzalez (“Plaintiff”) filed a complaint against Don AM Motors, Inc. dba AM Motors (“AM Motors”), Article Acceptance Company (“Article Acceptance”), and American Insurance Company (“American”).

Soon thereafter, on July 16, 2020, Plaintiff filed the instant Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs (the “Motion”).

Defendant Article Acceptance filed an Answer to the Complaint on August 19, 2020 and an Opposition to the Motion on December 30, 2020. Plaintiff filed a Reply to Article Acceptance’s Opposition on January 14, 2021.

On January 15, 2021, the Court continued the hearing on Plaintiff’s Motion to March 10, 2021. (1/15/21 Notice re Continuance of Hearing and Order.) Plaintiff was ordered to give notice and to file a proof of service demonstrating it gave notice. (Id.)

As an initial matter, the Court notes that, although Defendant Article Acceptance was given notice of the January 15 continuance, Plaintiff did not file a proof of service demonstrating it gave Defendant AM Motors notice. Thus, the Court cannot issue a ruling on the Motion at this time. Plaintiff is ordered to give all parties adequate notice of the next scheduled hearing.

1. Conclusion & Order

For the foregoing reasons, Plaintiff Andres Ajiz Gonzalez’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs is CONTINUED TO MAY 13, 2021 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 demonstrating all parties received adequate notice of the hearing. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.