This case was last updated from Los Angeles County Superior Courts on 10/09/2020 at 01:30:10 (UTC).

ERICKA GUADALUPE MARIN VS WESTLAKE SERVICES, LLC, ET AL.

Case Summary

On 08/19/2019 ERICKA GUADALUPE MARIN 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7693

  • Filing Date:

    08/19/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MARIN ERICKA GUADALUPE

Defendants

GREAT AMERICAN INSURANCE COMPANY

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

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

10/2/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

8/26/2020: Notice (name extension) - Notice of Continued Post Arbitration Status Conference

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

8/26/2020: Minute Order - Minute Order (Post-Arbitration Status Conference)

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

5/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Request for Dismissal - Request for Dismissal

12/3/2019: Request for Dismissal - Request for Dismissal

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

12/2/2019: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 12/02/2019

12/2/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 12/02/2019

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/7/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

11/7/2019: Proof of Personal Service - Proof of Personal Service

Declaration (name extension) - Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration

10/2/2019: Declaration (name extension) - Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration

Motion re: (name extension) - Motion re: Plaintiff's Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and Request for Costs

10/2/2019: Motion re: (name extension) - Motion re: Plaintiff's Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and Request for Costs

Complaint - Complaint

8/19/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/19/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

8/19/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

8/19/2019: First Amended Standing Order - First Amended Standing Order

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

8/19/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 08/26/2020
  • DocketNotice of Continued Post Arbitration Status Conference; Filed by: Ericka Guadalupe Marin (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 08/26/2020
  • DocketMinute Order (Post-Arbitration Status Conference)

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  • 08/26/2020
  • DocketPursuant to the request of plaintiff, Post-Arbitration Status Conference scheduled for 08/26/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/07/2020 09:30 AM

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  • 05/19/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/19/2020
  • DocketThere being no judge available this date, Post-Arbitration Status Conference scheduled for 06/22/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/26/2020 09:30 AM

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  • 12/10/2019
  • DocketAddress for Kasra Sadr (Attorney) updated

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  • 12/03/2019
  • DocketRequest for Dismissal; Filed by: Ericka Guadalupe Marin (Plaintiff); As to: Great American Insurance Company (Defendant)

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  • 12/03/2019
  • DocketOn the Complaint filed by Ericka Guadalupe Marin on 08/19/2019, entered Request for Dismissal without prejudice filed by Ericka Guadalupe Marin as to Great American Insurance Company

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  • 12/02/2019
  • DocketPost-Arbitration Status Conference scheduled for 06/22/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/02/2019
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

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7 More Docket Entries
  • 10/02/2019
  • DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 12/02/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/02/2019
  • DocketDeclaration of Nima Heydari In Support of Plaintiffs? Petition to Compel Arbitration; Filed by: Ericka Guadalupe Marin (Plaintiff)

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  • 08/20/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/22/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/20/2019
  • DocketNon-Jury Trial scheduled for 02/16/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/20/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 08/19/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/19/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/19/2019
  • DocketCivil Case Cover Sheet; Filed by: Ericka Guadalupe Marin (Plaintiff); As to: Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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  • 08/19/2019
  • DocketSummons on Complaint; Issued and Filed by: Ericka Guadalupe Marin (Plaintiff); As to: Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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  • 08/19/2019
  • DocketComplaint; Filed by: Ericka Guadalupe Marin (Plaintiff); As to: Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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Tentative Rulings

Case Number: 19STLC07693    Hearing Date: December 02, 2019    Dept: 94

Marin v. Westlake Services, LLC, et al.

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Ericka Guadalupe Marin’s Motion to Compel Arbitration and Request for Costs is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN. DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS ALSO ORDERED TO PAY PLAINTIFF’S COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On August 19, 2019, Plaintiff Ericka Guadalupe Marin (“Plaintiff”) filed this action against Defendants Westlake Services, LLC dba Westlake Financial Services (“Holder”) and Great American Insurance Company (“Great American”). Plaintiff filed the instant Motion to Compel Arbitration on October 2, 2019. 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.” (CCP §§ 1281.2(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.) If the court orders arbitration, then the court shall stay the action until arbitration is completed. (See CCP § 1281.4.)

Discussion

Plaintiff brings the instant Motion seeking to compel Holder to submit to arbitration based on a Retail Installment Sale Contract to purchase a car (the “Contract”). (Motion, Heydari Decl., Exh. 2.) Both Plaintiff and the car dealership are parties to the Contract, and Holder is alleged to have been assigned the contract. (See Compl., ¶¶37-38.) Plaintiff provides evidence of the existence of the arbitration agreement in the sales contract. (Motion, Heydari Decl., Exh. 2, p. 4.) Plaintiff further demonstrate that the demand to Dealer and Holder to arbitrate the dispute was ignored and the Court’s intervention is needed to compel the parties to arbitration. (Id. at ¶¶3-9.) Holder has not submitted an opposition to the instant Motion. Accordingly, Plaintiff has demonstrated the existence of an arbitration agreement and the Court finds there is no defense to its enforcement.

Plaintiff also requests costs for having to bring the instant Motion. “The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code.” (Code Civ. Proc., § 1293.2.) “A petition to compel arbitration under section 1281.2 is a judicial proceeding covered by this provision.” (Otay River Constructors v. San Diego Expressway (2008) 158 Cal.App.4th 796, 805.) Therefore, Plaintiffs are awarded costs of $439.95. (Motion, p. 7:22-24.)

Conclusion

Plaintiff Ericka Guadalupe Marin’s Motion to Compel Arbitration and Request for Costs is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN. DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS ALSO ORDERED TO PAY PLAINTIFF’S COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.