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This case was last updated from Los Angeles County Superior Courts on 08/28/2020 at 01:15:38 (UTC).

HANNAH SPENCER VS AMERICAN CAREER COLLEGE

Case Summary

On 02/10/2020 HANNAH SPENCER filed an Other lawsuit against AMERICAN CAREER COLLEGE. 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:

    *******1338

  • Filing Date:

    02/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

SPENCER HANNAH

Defendant

AMERICAN CAREER COLLEGE

 

Court Documents

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

8/26/2020: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint) DECLARATION OF SERVICE

7/13/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint) DECLARATION OF SERVICE

Notice (name extension) - Notice of Non-Receipt of Opposition to Petition to Compel Arbitration

7/13/2020: Notice (name extension) - Notice of Non-Receipt of Opposition to Petition to Compel Arbitration

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

7/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

5/5/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

Notice (name extension) - Notice of Petition and Petition to Compel Arbitration, Stay Action Pending Determination of Petition, and Dismiss Action Upon Compelling Arbitration

3/16/2020: Notice (name extension) - Notice of Petition and Petition to Compel Arbitration, Stay Action Pending Determination of Petition, and Dismiss Action Upon Compelling Arbitration

Declaration (name extension) - Declaration of Timothy Lee In Support of Petition to Compel Arbitration

3/16/2020: Declaration (name extension) - Declaration of Timothy Lee In Support of Petition to Compel Arbitration

Request for Judicial Notice - Request for Judicial Notice

3/16/2020: Request for Judicial Notice - Request for Judicial Notice

Proof of Service by Mail - Proof of Service by Mail

3/16/2020: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration of Keith Zakarin In Support of Petition to Compel Arbitration

3/16/2020: Declaration (name extension) - Declaration of Keith Zakarin In Support of Petition to Compel Arbitration

Summons - Summons on Complaint

2/10/2020: Summons - Summons on Complaint

Complaint - Complaint

2/10/2020: Complaint - Complaint

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) ADDITIONAL COURT FEES

2/11/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) ADDITIONAL COURT FEES

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

2/21/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

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

2/10/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

2/10/2020: First Amended Standing Order - First Amended Standing Order

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

2/10/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8 More Documents Available

 

Docket Entries

  • 06/28/2021
  • Hearing06/28/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 08/26/2020
  • DocketPost-Arbitration Status Conference scheduled for 06/28/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 08/26/2020
  • DocketThe case is placed in special status of: Stay - Entire Action/Case

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  • 08/26/2020
  • DocketMinute Order (Hearing on Motion to Compel Arbitration)

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  • 08/26/2020
  • DocketHearing on Motion to Compel Arbitration scheduled for 08/26/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/26/2020; Result Type to Held - Motion Granted

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  • 08/26/2020
  • DocketNon-Jury Trial scheduled for 08/09/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/26/2020

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  • 08/26/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/14/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/26/2020

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  • 07/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 07/17/2020
  • DocketThere being no judge available this date, Hearing on Motion to Compel Arbitration scheduled for 07/20/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/26/2020 10:00 AM

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  • 07/13/2020
  • DocketNotice of Non-Receipt of Opposition to Petition to Compel Arbitration; Filed by: American Career College (Defendant); As to: Hannah Spencer (Plaintiff)

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19 More Docket Entries
  • 02/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/14/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/10/2020
  • DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: Hannah Spencer (Plaintiff)

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  • 02/10/2020
  • DocketRequest to Waive Court Fees; Filed by: Hannah Spencer (Plaintiff)

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  • 02/10/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Hannah Spencer (Plaintiff)

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  • 02/10/2020
  • DocketCivil Case Cover Sheet; Filed by: Hannah Spencer (Plaintiff)

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  • 02/10/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/10/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/10/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/10/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/10/2020
  • DocketNon-Jury Trial scheduled for 08/09/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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Tentative Rulings

Case Number: 20STLC01338    Hearing Date: August 26, 2020    Dept: 25

HEARING DATE: Wed., August 26, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Spencer v. American Career College COMPL. FILED: 02-10-20

CASE NUMBER: 20STLC01338 DISC. C/O: 07-10-21

NOTICE: OK MOTION C/O: 07-25-21

TRIAL DATE: 08-09-21

PROCEEDINGS: MOTION TO COMPEL ARBITRATION, STAY ACTION PENDING DETERMINATION OF PETITION OR DISMISS ACTION UPON COMPELLING ARBITRATION

MOVING PARTY: Defendant American Career College

RESP. PARTY: None

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq.)

TENTATIVE RULING:

Defendant American Career College’s Motion to Compel Arbitration is GRANTED. The matter is STAYED pending arbitration and is to be arbitrated before the AAA.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of August 24, 2020 [ ] Late [X] None

REPLY: None filed as of August 24, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 10, 2020, Plaintiff Hannah Spencer (“Plaintiff”) filed an action, in pro per, for breach of contract and common counts against Defendant American Career College (“Defendant”).

On March 16, 2020, Defendant filed the instant Motion to Compel Arbitration, Stay Action Pending Determination of Petition, and Dismiss Action Upon Compelling Arbitration (the “Motion”).

To date, Plaintiff has not filed an opposition.

  1. Request for Judicial Notice

Defendant requests judicial notice of (1) order granting Petitioner’s Petition to Compel Arbitration and Dismiss Small Claims Action dated June 15, 2012 in IEC Corporation v. Eark P. Kindt, Case No. 37-2012-00076261 in San Diego Superior Court; (2) Notice of Ruling on Petition to Compel Arbitration and Stay Action Pending Completion of Arbitration, filed August 27, 2008 in Almaraz, et al. v. Newbridge College, et al., Case No. 30-2008-00076169; (3) Minute Order dated November 17, 2009, in Castillo v. Concorde Career College, et al., Case No. BC419304 in Los Angeles Superior Court; (4) Minute Order dated April 2, 2010 in Baker v. Kaiser Permanente, et al., Case No. BC424807 in Los Angeles Superior Court; and (5) order granting Petition to Compel Arbitration and Dismiss Complaint dated July 19, 2011 in Paula Book v. CCA EducCorp., Inc., Case No. CIVDS1014197 in San Bernardino Superior Court.

Defendant’s request is GRANTED. (Evid. Code, § 452, subd. (d).)

  1. 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(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 Code Civ. Proc., § 1281.4.)

  1. Discussion

Here, Plaintiff enrolled in Defendant’s Medical Assistant Program in May 2019. (Mot., p. 2, Lee Decl., ¶ 6.) As part of her enrollment, on May 23, 2019, Plaintiff signed an Arbitration Agreement and Waiver of Jury Trial (the “Arbitration Agreement”). (Id. at ¶¶ 7-8, Exh. A.)

The Arbitration Agreement states:

“Any dispute [Plaintiff] may bring against [Defendant]…with the exception of claims or lawsuits related to or concerning a borrower defense claim or based on an act or omission of [Defendant] that relates to the making of a Direct Loan for enrollment at the College shall be resolved by binding arbitration conducted by the American Arbitration Association (the “AAA”), under its Consumer Arbitration Rules (“Consumer Rules”), and decided by single Arbitrator…[to] be conducted in Orange County, California.”

(Id., Exh. A, p. 1.)

Plaintiff’s causes of action are for breach of contract and common counts. (Compl., p. 4, ¶ BC-2.) Plaintiff alleges that Defendant breached the contract by escorting her out instead of issuing a refund for the tuition she paid and that Defendant’s employees neglected their jobs and ganged up on her. (Id.) Because this action does not concern a borrower defense claim or relate to a direct loan for enrollment, Plaintiff’s claims are subject to arbitration. Defendant’s counsel states he attempted to contact Plaintiff to request that she submit her claims to arbitration per the Arbitration Agreement, but she has not agreed to do so. (Mot., Zakarin Decl., ¶¶ 2-3.) In addition, Plaintiff has not filed an opposition to this Motion. Thus, Defendant has demonstrated the existence of an arbitration agreement and the Court finds that there is no defense to its enforcement.

Defendant’s unopposed Motion is therefore GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendant American Career College’s Motion to Compel Arbitration is GRANTED. The matter is STAYED pending arbitration and is to be arbitrated before the AAA.

Moving party is ordered to give notice.

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