On 06/03/2020 ANDRES AJIZ GONZALEZ filed a Contract - Other Contract lawsuit against DON AM MOTORS 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.
*******4660
06/03/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
GONZALEZ ANDRES AJIZ
DON AM MOTORS INC. DBA AM MOTORS
ARTICLE ACCEPTANCE COMPANY
GREAT AMERICAN INSURANCE COMPANY
SADR KASRA
ELDER WILLIAM NORMAN
Court documents are not available for this case.
Hearing06/07/2023 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
Hearing12/01/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing05/13/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)
DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)
DocketOn the Court's own motion, Hearing on Motion to Compel Motion to Compel Arbitration scheduled for 03/10/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 05/13/2021 10:30 AM
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketThere being no judge available this date, Hearing on Motion to Compel Motion to Compel Arbitration scheduled for 01/20/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 03/10/2021 10:30 AM
DocketReply to Defendant Article Acceptance Company's Opposition to Plaintiff's Motion to Compel Arbitration; Filed by: ANDRES AJIZ GONZALEZ (Plaintiff)
DocketOpposition Defendant Article Acceptance Company's Opposition to Motion to Compel Arbitration; Filed by: ARTICLE ACCEPTANCE COMPANY (Defendant)
DocketProof of Service by Substituted Service; Filed by: ANDRES AJIZ GONZALEZ (Plaintiff); As to: ARTICLE ACCEPTANCE COMPANY (Defendant); Proof of Mailing Date: 08/18/2020; Service Cost: 116.25; Service Cost Waived: No
DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 01/20/2021 at 10:00 AM in Spring Street Courthouse at Department 25
DocketMotion to Compel PLAINTIFF?S MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, AND REQUEST FOR COSTS. Filed by: ANDRES AJIZ GONZALEZ (Plaintiff); As to: DON AM MOTORS INC. (Defendant); ARTICLE ACCEPTANCE COMPANY (Defendant)
DocketNon-Jury Trial scheduled for 12/01/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/07/2023 at 08:30 AM in Spring Street Courthouse at Department 25
DocketComplaint; Filed by: ANDRES AJIZ GONZALEZ (Plaintiff); As to: DON AM MOTORS INC. (Defendant); ARTICLE ACCEPTANCE COMPANY (Defendant); GREAT AMERICAN INSURANCE COMPANY (Defendant)
DocketSummons on Complaint; Issued and Filed by: ANDRES AJIZ GONZALEZ (Plaintiff); As to: DON AM MOTORS INC. (Defendant); ARTICLE ACCEPTANCE COMPANY (Defendant); GREAT AMERICAN INSURANCE COMPANY (Defendant)
DocketCivil Case Cover Sheet; Filed by: ANDRES AJIZ GONZALEZ (Plaintiff); As to: DON AM MOTORS INC. (Defendant); ARTICLE ACCEPTANCE COMPANY (Defendant); GREAT AMERICAN INSURANCE COMPANY (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
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
NOTICE: NO (cont’d hearing) DISC. MOT. C/O: 11-16-21
TRIAL DATE: 12-01-21
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:
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.
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.
Dig Deeper
Get Deeper Insights on Court Cases