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 Disposed - Dismissed.
Disposed - Dismissed
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
AMERICAN CAREER COLLEGE
9/9/2020: Proof of Service by Mail - Proof of Service by Mail
9/9/2020: Notice of Ruling - Notice of Ruling
6/16/2021: Notice of Appearance - Notice of Appearance
6/16/2021: Declaration (name extension) - Declaration of Service
6/28/2021: Minute Order - Minute Order (Post-Arbitration Status Conference)
8/26/2020: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration)
7/13/2020: Notice (name extension) - Notice of Non-Receipt of Opposition to Petition to Compel Arbitration
7/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
5/5/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
3/16/2020: Declaration (name extension) - Declaration of Timothy Lee In Support of Petition to Compel Arbitration
3/16/2020: Request for Judicial Notice - Request for Judicial Notice
3/16/2020: Proof of Service by Mail - Proof of Service by Mail
2/10/2020: Summons - Summons on Complaint
2/10/2020: Complaint - Complaint
2/21/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
2/10/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
2/10/2020: First Amended Standing Order - First Amended Standing Order
2/10/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
DocketOn the Complaint filed by Hannah Spencer on 02/10/2020, entered Order for Dismissal without prejudice as to the entire actionRead MoreRead Less
DocketMinute Order (Post-Arbitration Status Conference)Read MoreRead Less
DocketPost-Arbitration Status Conference scheduled for 06/28/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/28/2021; Result Type to HeldRead MoreRead Less
DocketThe case is removed from the special status of: Stay - Entire Action/CaseRead MoreRead Less
DocketStatus Report; Filed by: American Career College (Defendant)Read MoreRead Less
DocketDeclaration of Service; Filed by: American Career College (Defendant)Read MoreRead Less
DocketNotice of Appearance; Filed by: American Career College (Defendant)Read MoreRead Less
DocketNotice of Ruling; Filed by: American Career College (Defendant)Read MoreRead Less
DocketProof of Service by Mail; Filed by: American Career College (Defendant); As to: Hannah Spencer (Plaintiff)Read MoreRead Less
DocketPost-Arbitration Status Conference scheduled for 06/28/2021 at 09:30 AM in Spring Street Courthouse at Department 25Read MoreRead Less
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 25Read MoreRead Less
DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: Hannah Spencer (Plaintiff)Read MoreRead Less
DocketRequest to Waive Court Fees; Filed by: Hannah Spencer (Plaintiff)Read MoreRead Less
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Hannah Spencer (Plaintiff)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Hannah Spencer (Plaintiff)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
DocketFirst Amended Standing Order; Filed by: ClerkRead MoreRead Less
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street CourthouseRead MoreRead Less
DocketNon-Jury Trial scheduled for 08/09/2021 at 08:30 AM in Spring Street Courthouse at Department 25Read MoreRead Less
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.)
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.
[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
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.
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).)
“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.)
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.
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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