This case was last updated from Los Angeles County Superior Courts on 07/17/2020 at 00:25:55 (UTC).

DAVID SCHNEIDER VS MAURICE PESSAH

Case Summary

On 08/21/2019 DAVID SCHNEIDER filed an Other - Arbitration lawsuit against MAURICE PESSAH. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3644

  • Filing Date:

    08/21/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

SCHNEIDER DAVID

Respondent

PESSAH MAURICE

 

Court Documents

Minute Order - Minute Order (Hearing on Petition to Compel Arbitration)

7/15/2020: Minute Order - Minute Order (Hearing on Petition to Compel Arbitration)

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

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice Continuance of Hearing and Order

4/28/2020: Notice (name extension) - Notice Continuance of Hearing and Order

Declaration (name extension) - Declaration Supplemental Declaration With Six Proposed Arbitrators

3/10/2020: Declaration (name extension) - Declaration Supplemental Declaration With Six Proposed Arbitrators

Minute Order - Minute Order (Hearing on Petition to Compel Arbitration)

3/2/2020: Minute Order - Minute Order (Hearing on Petition to Compel Arbitration)

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

12/11/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Hearing on Petition - Notice of Hearing on Petition

12/18/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Other - (name extension) - Other - Petition to Compel Arbitration and Appoint Arbitrator

10/9/2019: Other - (name extension) - Other - Petition to Compel Arbitration and Appoint Arbitrator

Other - (name extension) - Other - Joint List of Arbitrators under C.C.P. 1281.6

10/9/2019: Other - (name extension) - Other - Joint List of Arbitrators under C.C.P. 1281.6

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

10/10/2019: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

First Amended Standing Order - First Amended Standing Order

8/21/2019: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

8/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition (name extension) - Petition Petition to Open Superior Court File

8/21/2019: Petition (name extension) - Petition Petition to Open Superior Court File

Civil Case Cover Sheet - Civil Case Cover Sheet

8/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

8/21/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

8/21/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

4 More Documents Available

 

Docket Entries

  • 07/15/2020
  • DocketMinute Order (Hearing on Petition to Compel Arbitration)

    Read MoreRead Less
  • 07/15/2020
  • DocketHearing on Petition to Compel Arbitration scheduled for 07/15/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/15/2020; Result Type to Held - Taken under Submission

    Read MoreRead Less
  • 04/28/2020
  • DocketNotice Continuance of Hearing and Order; Filed by: David Schneider (Petitioner); As to: Maurice Pessah (Respondent)

    Read MoreRead Less
  • 04/16/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 04/16/2020
  • DocketReset - Court Unavailable, Hearing on Petition to Compel Arbitration scheduled for 05/06/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 07/15/2020 08:30 AM

    Read MoreRead Less
  • 03/10/2020
  • DocketDeclaration Supplemental Declaration With Six Proposed Arbitrators; Filed by: David Schneider (Petitioner)

    Read MoreRead Less
  • 03/02/2020
  • DocketMinute Order (Hearing on Petition to Compel Arbitration)

    Read MoreRead Less
  • 03/02/2020
  • DocketPursuant to oral stipulation, Hearing on Petition to Compel Arbitration scheduled for 03/02/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 05/06/2020 10:30 AM

    Read MoreRead Less
  • 12/18/2019
  • DocketNotice of Hearing on Petition; Filed by: David Schneider (Petitioner)

    Read MoreRead Less
  • 12/11/2019
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
2 More Docket Entries
  • 10/09/2019
  • DocketOther - Joint List of Arbitrators under C.C.P. 1281.6; Filed by: David Schneider (Petitioner)

    Read MoreRead Less
  • 10/09/2019
  • DocketOther - Petition to Compel Arbitration and Appoint Arbitrator; Filed by: David Schneider (Petitioner)

    Read MoreRead Less
  • 08/26/2019
  • DocketHearing on Petition Petition to Open Superior Court File scheduled for 12/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 08/26/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 08/21/2019
  • DocketCivil Case Cover Sheet; Filed by: David Schneider (Petitioner); As to: Maurice Pessah (Respondent)

    Read MoreRead Less
  • 08/21/2019
  • DocketPetition Petition to Open Superior Court File; Filed by: David Schneider (Petitioner); As to: Maurice Pessah (Respondent)

    Read MoreRead Less
  • 08/21/2019
  • DocketCivil Case Cover Sheet; Filed by: David Schneider (Petitioner); As to: Maurice Pessah (Respondent)

    Read MoreRead Less
  • 08/21/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 08/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 08/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCP03644    Hearing Date: July 15, 2020    Dept: 26

Schneider v. Pessah, et al.

PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)TENTATIVE RULINGPetitioner David Schneider’s Petition to Compel Arbitration is GRANTED.  The court selects Steven Spile, Esq. to arbitrate the proceeding.  Post Arbitration Status Conference set for March 24, 2021 10:00 a.m.

ANALYSIS:

Petitioner David Schneider (“Petitioner”) filed the instant Petition to Compel Arbitration against Respondent Maurice Pessah (“Respondent”) on October 9, 2019. At the initial hearing on March 2, 2020, the Court found Petitioner had demonstrated the Petition should be granted and ordered the filing of a supplemental declaration with the six proposed arbitrators’ relevant professional experience, rates for arbitration services, and any other pertinent information. Petitioner filed the supplemental declaration on March 10, 2020.

From the list of six arbitrators, the Court hereby nominates the following arbitrator:

1.

2. Steven Spile, Esq.Moving Party is ordered to give notice. 

Case Number: 19STCP03644    Hearing Date: March 02, 2020    Dept: 26

Schneider v. Pessah, et al.

PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Petitioner David Schneider’s Petition to Compel Arbitration is CONTINUED TO JUNE 1, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION WITH SIX PROPOSED ARBITRATORS’ RELEVANT PROFESSIONAL EXPERIENCE, RATES FOR ARBITRATION SERVICES, AND ANY OTHER PERTINENT INFORMATION.

ANALYSIS:

Petitioner David Schneider (“Petitioner”) filed the instant Petition to Compel Arbitration against Respondent Maurice Pessah (“Defendant”) on October 9, 2019. The Petition was initially set for hearing on December 26, 2019 but continued on the Court’s own motion to March 2, 2020. To date, no opposition has been filed.

Legal Standard

“On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (Code Civ. Proc., § 1281.2, subds. (a)-(b).)

As with other types of agreements, “[t]he failure of the [party] to carefully read the agreement and the amendment is not a reason to refuse to enforce the arbitration provisions.” (Powers v. Dickson, Carlson & Campillo (1997) 54 Cal.App.4th 1102, 1115.) “California law, ‘like [federal law], reflects a strong policy favoring arbitration agreements and requires close judicial scrutiny of waiver claims.’” (Wagner Const. Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 31.) The party petitioning to compel arbitration under written arbitration agreement bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, and party opposing petition must meet the same evidentiary burden to prove any facts necessary to its defense. The trial court acts as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence. (Code Civ. Proc., § 1281.2; Provencio v. WMA Securities, Inc. (2005) 125 Cal.App.4th 1028, 1031.) If the court orders arbitration, then the court shall stay the action until arbitration is completed. (See Code Civ. Proc., § 1281.4.)

Discussion

Existence of an Arbitration Agreement

Petitioner presents evidence that he entered into a California Residential Purchase Agreement with Respondent on or about March 13, 2019. (Pet., Schneider Decl., ¶2 and Exh. A.) The Agreement includes an arbitration provision that states in relevant part: “The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or

any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration.” (Id. at Exh. A, ¶22B.) Following a failed attempt to mediate the dispute regarding a broken water temperature regulator, Petitioner served Respondent with a demand to arbitrate. (Id. at ¶¶4-14 and Exh. I.) The arbitration agreement is signed by both parties. (Id. at Exh. A, Bates #016.)

Based on this evidence, Petitioner has carried his burden to demonstrate the existence of an arbitration agreement between the parties with respect to the claims that are at issue in this action.

Defense to Enforcement of Arbitration Agreement

The burden now shifts to Respondent to prove any facts necessary to defense to enforcement of the arbitration agreement by a preponderance of the evidence. As Respondent has not filed an opposition to this Petition, the Court finds there is no defense to the arbitration agreement.

Selection of Arbitrator

Code of Civil Procedure section 1281.6 states in relevant part:

If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator.

When a petition is made to the court to appoint a neutral arbitrator, the court shall nominate five persons from lists of persons supplied jointly by the parties to the arbitration or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration. The parties to the agreement who seek arbitration and against whom arbitration is sought may within five days of receipt of notice of the nominees from the court jointly select the arbitrator whether or not the arbitrator is among the nominees. If the parties fail to select an arbitrator within the five-day period, the court shall appoint the arbitrator from the nominees.

(Code Civ. Proc., § 1281.6.) Here, where the agreement does not provide a method for selecting an arbitrator and there has been no agreement between the parties as to the selection method, the Court must nominate five persons to whom the parties may object within five-days. Petitioner sent a list of proposed arbitrators to Respondent, however, no additional information is provided regarding the proposed arbitrators that would allow the Court to make an informed selection. Therefore, Petitioner is ordered to file a supplemental declaration with the six proposed arbitrators’ relevant professional experience, rates for arbitration services, and any other pertinent information Petitioner wishes to include. Upon receipt of the supplemental declaration, the Court will nominate five of the proposed arbitrators from which the parties may select, or the Court may appoint, an arbitrator.

Conclusion

Petitioner David Schneider’s Petition to Compel Arbitration is CONTINUED TO JUNE 1, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, PETITIONER IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION WITH SIX PROPOSED ARBITRATORS’ RELEVANT PROFESSIONAL EXPERIENCE, RATES FOR ARBITRATION SERVICES, AND ANY OTHER PERTINENT INFORMATION.

Moving party is ordered to give notice.

Parties may submit via e mail until Monday at 10 a.m.