This case was last updated from Los Angeles County Superior Courts on 09/01/2021 at 00:36:45 (UTC).

DAVID PROO, ET AL. VS WESTLAKE SERVICES, LLC, ET AL.

Case Summary

On 02/20/2019 DAVID PROO filed a Contract - Other Contract lawsuit against WESTLAKE SERVICES, LLC. 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:

    *******1769

  • Filing Date:

    02/20/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

LOPEZ-AGUILAR MARIA TERESA

PROO DAVID

Defendants

AMERICAN SAFETY CASUALTY INSURANCE COMPANY

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

Notice (name extension) - Notice Plaintiff's Notice of Continued Post-Arbitration Status Conference

1/27/2021: Notice (name extension) - Notice Plaintiff's Notice of Continued Post-Arbitration Status Conference

Motion re: (name extension) - Motion re: Plaintiff's Motion to Lift Stay

2/3/2021: Motion re: (name extension) - Motion re: Plaintiff's Motion to Lift Stay

Motion re: (name extension) - Motion re: Plaintiff's Amended Motion and Motion to Lift Stay

3/11/2021: Motion re: (name extension) - Motion re: Plaintiff's Amended Motion and Motion to Lift Stay

Minute Order - Minute Order (Court Order)

6/18/2021: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/18/2021

6/18/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/18/2021

Notice (name extension) - Notice Plaintiff's Notice of Continued Motion for Order Motion to Lift Stay

6/24/2021: Notice (name extension) - Notice Plaintiff's Notice of Continued Motion for Order Motion to Lift Stay

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Motion to Lift Stay) of 07/27/2021

7/27/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Order Motion to Lift Stay) of 07/27/2021

Request for Dismissal - Request for Dismissal

8/16/2021: Request for Dismissal - Request for Dismissal

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

1/21/2021: Minute Order - Minute Order (Post-Arbitration Status Conference)

Order (name extension) - Order Granting Petitioner's Petition to Compel Arbitration

6/10/2019: Order (name extension) - Order Granting Petitioner's Petition to Compel Arbitration

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

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Personal Service - Proof of Personal Service

5/1/2019: Proof of Personal Service - Proof of Personal Service

Affidavit (name extension) - Affidavit Affidavit Re Venue

5/3/2019: Affidavit (name extension) - Affidavit Affidavit Re Venue

Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF PETITIONERS PETITION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, AND REQUEST FOR COSTS

3/19/2019: Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF PETITIONERS PETITION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, AND REQUEST FOR COSTS

Request for Dismissal - Request for Dismissal

3/19/2019: Request for Dismissal - Request for Dismissal

Summons - Summons on Complaint

2/20/2019: Summons - Summons on Complaint

Complaint - Complaint

2/20/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/20/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

17 More Documents Available

 

Docket Entries

  • 08/20/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/21/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/20/2021

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  • 08/16/2021
  • DocketOn the Complaint filed by David Proo, et al. on 02/20/2019, entered Request for Dismissal with prejudice filed by David Proo and Maria Teresa Lopez-Aguilar as to the entire action

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  • 08/06/2021
  • DocketUpdated -- Notice of Settlement: As To Parties: removed

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  • 08/06/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 10/21/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 08/06/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 08/06/2021
  • DocketNon-Jury Trial scheduled for 01/25/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/06/2021

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  • 08/06/2021
  • DocketPost-Arbitration Status Conference scheduled for 08/30/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/06/2021

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  • 07/27/2021
  • DocketNon-Jury Trial scheduled for 01/25/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/27/2021
  • DocketMinute Order (Hearing on Motion for Order Motion to Lift Stay)

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  • 07/27/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Order Motion to Lift Stay) of 07/27/2021; Filed by: Clerk

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32 More Docket Entries
  • 03/19/2019
  • DocketOn the Complaint filed by David Proo, et al. on 02/20/2019, entered Request for Dismissal with prejudice filed by David Proo and Maria Teresa Lopez-Aguilar as to American Safety Casualty Insurance Company

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  • 03/19/2019
  • DocketRequest for Dismissal; Filed by: David Proo (Plaintiff); As to: American Safety Casualty Insurance Company (Defendant)

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  • 02/21/2019
  • DocketNon-Jury Trial scheduled for 08/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/21/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/23/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/21/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 02/20/2019
  • DocketComplaint; Filed by: David Proo (Plaintiff); Maria Teresa Lopez-Aguilar (Plaintiff); As to: Westlake Services, LLC (Defendant); American Safety Casualty Insurance Company (Defendant)

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  • 02/20/2019
  • DocketCivil Case Cover Sheet; Filed by: David Proo (Plaintiff); Maria Teresa Lopez-Aguilar (Plaintiff); As to: Westlake Services, LLC (Defendant); American Safety Casualty Insurance Company (Defendant)

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  • 02/20/2019
  • DocketSummons on Complaint; Issued and Filed by: David Proo (Plaintiff); Maria Teresa Lopez-Aguilar (Plaintiff); As to: Westlake Services, LLC (Defendant); American Safety Casualty Insurance Company (Defendant)

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  • 02/20/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/20/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 19STLC01769 Hearing Date: July 27, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO LIFT STAY

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MOVING PARTY: Plaintiffs\r\nDavid Proo and Maria Teresa Lopez-Aguilar

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RESP. PARTY: None

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MOTION TO LIFT ARBITRATION STAY

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(CCP § 1281.4.)

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TENTATIVE RULING:

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Plaintiffs David Proo and Maria Teresa\r\nLopez-Aguilar’s Motion to Lift Stay is GRANTED.

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SERVICE: \r\n

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[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

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[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

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[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None filed as of July 23,\r\n2021 [ ] Late [X] None

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REPLY: None filed as\r\nof July 23, 2021 [ ]\r\nLate [X] None

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ANALYSIS:

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I. \r\nBackground

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On February 20, 2019, Plaintiffs David Proo and Maria\r\nTeresa Lopez-Aguilar (collectively, “Plaintiffs”) filed an action against Defendants\r\nWestlake Services, LLC dba Westlake Financial Services (“Westlake”) and\r\nAmerican Safety Casualty Insurance Company (“American”).

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Defendant American was dismissed from the action on March\r\n19, 2019. That same day, Plaintiffs filed a motion to compel arbitration. The motion\r\nwas granted on May 13, 2019 and a stay of the entire case was entered. (5/13/19\r\nMinute Order.) The Court signed Petitioner’s proposed order ordering the\r\nparties to arbitration before JAMS on October 30, 2019. (10/30/19 Order.)

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On February 3, 2021, Plaintiffs filed the instant Motion\r\nto Lift Stay (the “Motion”). Plaintiffs filed an Amended Motion on March 11. No\r\nopposition was filed.

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II. \r\nLegal\r\nStandard & Discussion

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Plaintiffs seek\r\nan order lifting the arbitration stay. (Mot., p. 3.)

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Plaintiffs\r\npresent evidence that, after the Court ordered to parties to submit their\r\ncontroversy to arbitration on October 30, 2019, Plaintiffs’ counsel filed a\r\nstatement of claims with JAMS. (Id., Heydari Decl., ¶¶ 3-4,\r\nExh. 2.) On July 13, 2020, JAMS sent the parties an invoice requesting payment\r\nof the required arbitration fees. (Id. at ¶¶ 5-8,\r\nExhs. 3, 4.) On January 21, 2021, JAMS informed Plaintiffs’ counsel it was\r\nunable to proceed until payment was received. (Id. at ¶ 10.) A JAMS\r\nrepresentative also informed Plaintiffs’ counsel they had not heard back from\r\nDefendant Westlake and that their portion of the filing fee had not yet been\r\npaid. (Id., Exh. 6.) As a result, Plaintiffs requested that the matter\r\nbe withdrawn and JAMS closed its file (Id. at ¶¶ 11-12,\r\nExhs. 6-7.)

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Code\r\nof Civil Procedure section 1281.4 provides, in pertinent part:

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

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“ ‘This vestigial\r\njurisdiction over the action at law consists solely of making the\r\ndetermination, upon conclusion of the arbitration proceedings, of whether there\r\nwas an award on the merits (in which case the action at law should be dismissed\r\nbecause of the res judicata effects of the arbitration award) [citations] or\r\nnot (at which point the action at law may resume to determine the rights of the\r\nparties). [Citations.]’ [Citation.]” (Cinel v. Christopher (2012) 203 Cal.App.4th 759, 769.)

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As\r\ndiscussed above, Plaintiffs were forced to withdraw their file from arbitration\r\nwith JAMS due to Defendant Westlake’s failure to pay its portion of the filing\r\nfee. Thus, arbitration proceedings have concluded without a decision on the\r\nmerits. Accordingly, the Court may lift the stay and proceed with trial. (Id.)\r\n

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III. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiffs\r\nDavid Proo and Maria Teresa Lopez-Aguilar’s Motion to Lift Stay is GRANTED.

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Moving party is ordered to give\r\nnotice.

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