On 10/24/2019 DIESEL MACHINE WORKS LLC filed an Other - Arbitration lawsuit against CHRIS DARLING. 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.
*******4671
10/24/2019
Other
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
DIESEL MACHINE WORKS LLC
DARLING CHRIS
LAU BENSON
SATNICK ADAM
7/10/2020: Notice (name extension) - Notice of Withdrawal of Motion to Be Relieved as Counsel
7/13/2020: Minute Order - Minute Order (Hearing on Petition Verified Petition for Order Compelling Ar...)
6/1/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel
6/1/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
6/9/2020: Minute Order - Minute Order (Court Order Re: Hearing on Motion to Be Relieved as Counsel)
6/9/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to Be Relieved as Counsel) of 06/09/2020
4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
2/27/2020: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Petition Verified Petition for Order Compelling Ar...)]
2/27/2020: Minute Order - Minute Order (Hearing on Petition Verified Petition for Order Compelling Ar...)
3/2/2020: Proof of Service by Mail - Proof of Service by Mail
11/18/2019: Proof of Service by Mail - Proof of Service by Mail
10/24/2019: Petition (name extension) - Petition Verified Petition for Order Compelling Arbitration
10/24/2019: Summons - Summons on Petition
10/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
10/24/2019: Declaration (name extension) - Declaration Declaration of Kelly Miller in support of Verified Petition
10/24/2019: First Amended Standing Order - First Amended Standing Order
10/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
10/24/2019: Notice of Hearing on Petition - Notice of Hearing on Petition
DocketMinute Order (Hearing on Petition Verified Petition for Order Compelling Ar...)
DocketHearing on Petition Verified Petition for Order Compelling Arbitration scheduled for 07/13/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/13/2020; Result Type to Held - Motion Denied
DocketHearing on Motion to be Relieved as Counsel scheduled for 07/13/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 07/13/2020
DocketNotice of Withdrawal of Motion to Be Relieved as Counsel; Filed by: Diesel Machine Works LLC (Petitioner); As to: Diesel Machine Works LLC (Petitioner)
DocketHearing on Motion to be Relieved as Counsel scheduled for 07/13/2020 at 08:30 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Court Order Re: Hearing on Motion to Be Relieved as Counsel)
DocketCertificate of Mailing for (Court Order Re: Hearing on Motion to Be Relieved as Counsel) of 06/09/2020; Filed by: Clerk
DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Benson Lau (Attorney); Adam Satnick (Attorney)
DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Diesel Machine Works LLC (Petitioner)
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketProof of Service by Mail; Filed by: Diesel Machine Works LLC (Petitioner); As to: Chris Darling (Respondent)
DocketHearing on Petition Verified Petition for Order Compelling Arbitration scheduled for 02/27/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketDeclaration Declaration of Kelly Miller in support of Verified Petition; Filed by: Diesel Machine Works LLC (Petitioner); As to: Chris Darling (Respondent)
DocketCivil Case Cover Sheet; Filed by: Diesel Machine Works LLC (Petitioner); As to: Chris Darling (Respondent)
DocketSummons on Petition; Issued and Filed by: Diesel Machine Works LLC (Petitioner); As to: Chris Darling (Respondent)
DocketPetition Verified Petition for Order Compelling Arbitration; Filed by: Diesel Machine Works LLC (Petitioner); As to: Chris Darling (Respondent)
Case Number: 19STCP04671 Hearing Date: February 27, 2020 Dept: 25
MOTION TO COMPEL ARBITRATION
(CCP §§ 1281.2)
TENTATIVE RULING:
Petitioner Diesel Machine Works, LLC’s Petition to Compel Arbitration is CONTINUED to APRIL 30, 2020, at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.
At least 16 days before the next scheduled hearing, Petitioner must file and serve supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.
ANALYSIS:
Background & Discussion
On October 24, 2019, Petitioner Diesel Works, LLC (“Petitioner”) initiated this action with a Petition for Order Compelling Arbitration (“Petition”) against Respondent Chris Darling (“Respondent”).
To date, no opposition or reply briefs have been filed.
Service of the Petition
Petitioner filed a proof of service stating that Respondent was served with the Summons and Petition pursuant to Code of Civil Procedure, section 1290.4, subdivision (b) and attaches copies of certified mail receipts. (11/18/19 Proof of Service.) However, Section 1290.4 provides the manner of service for petitions related to the enforcement of an arbitration award, and is thus inapplicable here.
Accordingly, Petitioner is ordered to file an amended proof of service demonstrating it properly served Respondent with the Summons and Petition in accordance with Code of Civil Procedure section 415.10, et seq.
Conclusion & Order
For the foregoing reasons, Petitioner Diesel Machine Works, LLC’s Petition to Compel Arbitration is CONTINUED to APRIL 30, 2020, at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.
At least 16 days before the next scheduled hearing, Petitioner must file and serve supplemental papers correcting the deficiencies identified herein. Failure to do so may result in the Petition being placed off calendar or denied.
Moving party is ordered to give notice.
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