This case was last updated from Los Angeles County Superior Courts on 10/02/2020 at 10:51:54 (UTC).

EVA E HERNANDEZ VS SUPER CALIDAD AUTO SALES, INC., ET AL.

Case Summary

On 11/13/2019 EVA E HERNANDEZ filed a Contract - Other Contract lawsuit against SUPER CALIDAD AUTO SALES, 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0454

  • Filing Date:

    11/13/2019

  • 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

HERNANDEZ EVA E

Defendants and Cross Defendants

SUPER CALIDAD AUTO SALES INC.

WASHINGTON INTERNATIONAL INSURANCE COMPANY

ALASKA USA FEDERAL CREDIT UNION

GREAT AMERICAN INSURANCE COMPANY

Defendant and Cross Plaintiff

ALASKA USA FEDERAL CREDIT UNION

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

Defendant and Cross Plaintiff Attorney

KUSTIC SARENA L.

 

Court Documents

Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

7/30/2020: Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

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

7/2/2020: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

Declaration (name extension) - Declaration of Alaska USA Federal Credit Union

6/12/2020: Declaration (name extension) - Declaration of Alaska USA Federal Credit Union

Declaration (name extension) - Declaration of Sarena Kustic

6/12/2020: Declaration (name extension) - Declaration of Sarena Kustic

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

6/10/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

6/10/2020: Request for Dismissal - Request for Dismissal

Notice of Settlement - Notice of Settlement

4/29/2020: Notice of Settlement - Notice of Settlement

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

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/16/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

3/10/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

2/24/2020: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

Summons - Summons on Complaint

1/10/2020: Summons - Summons on Complaint

Answer - Answer

1/10/2020: Answer - Answer

Proof of Personal Service - Proof of Personal Service

1/16/2020: Proof of Personal Service - Proof of Personal Service

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

1/17/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Declaration (name extension) - Declaration of Nima Heydari in Support of Plaintiff's Motion to Compel Arbitration

12/5/2019: Declaration (name extension) - Declaration of Nima Heydari in Support of Plaintiff's Motion to Compel Arbitration

Civil Case Cover Sheet - Civil Case Cover Sheet

11/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

21 More Documents Available

 

Docket Entries

  • 03/10/2021
  • Hearing03/10/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 01/26/2021
  • Hearing01/26/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 07/30/2020
  • DocketNotice of Stay of Proceedings (Bankruptcy); Filed by: Alaska USA Federal Credit Union (Cross-Complainant); As to: Super Calidad Auto Sales, Inc. (Cross-Defendant); Bankruptcy Stay Case Type: No

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  • 07/30/2020
  • DocketNon-Appearance Case Review Re: Bankruptcy scheduled for 01/26/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/02/2020
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

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  • 07/02/2020
  • DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 07/02/2020 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/02/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 06/12/2020
  • DocketDeclaration of Sarena Kustic; Filed by: Alaska USA Federal Credit Union (Defendant)

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  • 06/12/2020
  • DocketDeclaration of Alaska USA Federal Credit Union; Filed by: Alaska USA Federal Credit Union (Defendant)

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  • 06/10/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Alaska USA Federal Credit Union (Cross-Complainant); As to: Super Calidad Auto Sales, Inc. (Cross-Defendant)

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  • 06/10/2020
  • DocketRequest for Dismissal; Filed by: Alaska USA Federal Credit Union (Cross-Complainant)

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34 More Docket Entries
  • 12/05/2019
  • DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 02/24/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/26/2019
  • DocketAffidavit Affidavit Re Venue; Filed by: Eva E Hernandez (Plaintiff)

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  • 11/13/2019
  • DocketNon-Jury Trial scheduled for 05/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/13/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/13/2019
  • DocketComplaint; Filed by: Eva E Hernandez (Plaintiff); As to: Super Calidad Auto Sales, Inc. (Defendant); Alaska USA Federal Credit Union (Defendant); Washington International Insurance Company (Defendant)

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  • 11/13/2019
  • DocketSummons on Complaint; Issued and Filed by: Eva E Hernandez (Plaintiff); As to: Super Calidad Auto Sales, Inc. (Defendant); Alaska USA Federal Credit Union (Defendant); Washington International Insurance Company (Defendant)

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  • 11/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Eva E Hernandez (Plaintiff); As to: Super Calidad Auto Sales, Inc. (Defendant); Alaska USA Federal Credit Union (Defendant); Washington International Insurance Company (Defendant)

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  • 11/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/13/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC10454    Hearing Date: July 02, 2020    Dept: 25

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq.; 638)

TENTATIVE RULING:

Plaintiff Eva E. Hernandez’s Motion to Compel Arbitration is PLACED OFF CALENDAR.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of June 30, 2020 [ ] Late [X] None

REPLY: None filed as of June 30, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On November 13, 2019, Plaintiff Eva E. Hernandez (“Plaintiff”) filed an action for violation of Civil Code section 1750, et seq., violation of Business & Professions Code section 17200, et seq., negligent misrepresentation, violation of Civil Code section 1632, implied warranty of merchantability, and claim against surety against Defendants Super Calidad Auto Sales, Inc. (“Super Calidad”), Alaska USA Federal Credit Union (“Alaska”), and Washington International Insurance Company (“Washington”). On January 10, 2020, Alaska filed an Answer and Cross-Complaint against Super Calidad. On February 6, 2020, Washington was dismissed from the action.

On December 5, 2019, Plaintiff filed the instant Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs (the “Motion”).

On February 24, 2020, the Court found that Defendant Alaska was not properly served with all moving and supporting papers and ordered Plaintiff to file an amended proof of service demonstrating Defendant Alaska was properly served. (2/24/20 Minute Order.)

On April 29, 2020, Plaintiff filed a Notice of Settlement, indicating the parties reached a conditional settlement agreement, and that a request for dismissal would be filed no later than June 13, 2020. (4/29/20 Notice of Settlement.) On June 1, 2020, Plaintiff filed a Request for Dismissal as to the entire Complaint, which was entered that same day. (6/1/20 Request for Dismissal.)

Accordingly, Plaintiff’s Motion is PLACED OFF CALENDAR.

  1. Conclusion & Order

For the foregoing reason, Plaintiff Eva E. Hernandez’s Motion to Compel Arbitration is PLACED OFF CALENDAR.

Moving party is ordered to give notice.

Case Number: 19STLC10454    Hearing Date: February 24, 2020    Dept: 25

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq.; 638)

TENTATIVE RULING:

Plaintiff Eva E. Hernandez’s Motion is CONTINUED TO APRIL 29, 2020 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 supplemental papers correcting the deficiencies identified herein. Failure to obey the Court’s order may result in the Motion being placed off calendar or denied.

ANALYSIS:

  1. Background

On November 13, 2019, Plaintiff Eva E. Hernandez (“Plaintiff”) filed an action for violation of Civil Code section 1750, et seq., violation of Business & Professions Code section 17200, et seq., negligent misrepresentation, violation of Civil Code section 1632, implied warranty of merchantability, and claim against surety against Defendants Super Calidad Auto Sales, Inc. (“Super Calidad”), Alaska USA Federal Credit Union (“Alaska”), and Washington International Insurance Company (“Washington”). On January 10, 2020, Alaska filed an Answer and Cross-Complaint against Super Calidad. On February 6, 2020, Washington was dismissed from the action.

On December 5, 2019, Plaintiff filed the instant Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs (the “Motion”). To date, no opposition or reply briefs have been filed.

  1. Discussion

  1. Service of the Moving Papers

As an initial matter, the Court examines service of the moving papers.

Code of Civil Procedure section 1005 requires that all moving and supporting papers be filed and served at least 16 court days before the hearing, plus an additional 5 calendar days if service is effectuated by mail to a California address. (Code Civ. Proc., § 1005, subd. (b).)

Here, Plaintiff filed proofs of service as to Defendant Super Calidad and Defendant Alaska on January 16, 2020. However, the proof of service as to Defendant Alaska indicates only that the “Declaration of Nima Heydaru in Support of Plaintiff’s Motion to Compel Arbitration” was served, but not the Notice of Motion or Motion. (1/16/20 Proof of Service.) Accordingly, Plaintiff is ordered to file an amended proof of service demonstrating all moving and supporting papers were properly served on Defendant Alaska.

  1. Conclusion & Order

For the foregoing reason, Plaintiff Eva E. Hernandez’s Motion is CONTINUED TO APRIL 29, 2020 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 supplemental papers correcting the deficiencies identified herein. Failure to obey the Court’s order may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.