This case was last updated from Los Angeles County Superior Courts on 08/10/2019 at 00:04:33 (UTC).

ISABELLA GRADNEY VS JOEL DELUNA

Case Summary

On 01/17/2019 a Other case was filed by ISABELLA GRADNEY against JOEL DELUNA in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0206

  • Filing Date:

    01/17/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Petitioner

GRADNEY ISABELLA

Respondent

DELUNA JOEL

 

Court Documents

Supplemental Declaration (name extension) - Supplemental Declaration Stephen B. Goldberg In Support of Petition to Compel Arbitration

6/17/2019: Supplemental Declaration (name extension) - Supplemental Declaration Stephen B. Goldberg In Support of Petition to Compel Arbitration

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

7/29/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Continuance of Hearing on Petition to Compel Arbitration

7/31/2019: Notice (name extension) - Notice of Continuance of Hearing on Petition to Compel Arbitration

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

5/16/2019: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

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

5/17/2019: Notice (name extension) - Notice of Non-Receipt of Opposition to Petition to Compel Arbitration

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

5/23/2019: Minute Order - Minute Order (Hearing on Petition Petition to Compel Arbitration)

Notice of Ruling - Notice of Ruling

5/24/2019: Notice of Ruling - Notice of Ruling

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

1/17/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

1/17/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

1/17/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition (name extension) - Petition Petition to Compel Arbitration

1/17/2019: Petition (name extension) - Petition Petition to Compel Arbitration

 

Docket Entries

  • 10/10/2019
  • Hearingat 09:00 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

    Read MoreRead Less
  • 07/31/2019
  • DocketNotice of Continuance of Hearing on Petition to Compel Arbitration; Filed by: Isabella Gradney (Petitioner); As to: Isabella Gradney (Petitioner)

    Read MoreRead Less
  • 07/29/2019
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 07/29/2019
  • DocketThere being no judge available this date, Hearing on Petition Petition to Compel Arbitration scheduled for 08/08/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Court was rescheduled to 10/10/2019 09:00 AM

    Read MoreRead Less
  • 06/17/2019
  • DocketSupplemental Declaration Stephen B. Goldberg In Support of Petition to Compel Arbitration; Filed by: Isabella Gradney (Petitioner)

    Read MoreRead Less
  • 05/24/2019
  • DocketNotice of Ruling; Filed by: Isabella Gradney (Petitioner)

    Read MoreRead Less
  • 05/23/2019
  • DocketHearing on Petition Petition to Compel Arbitration scheduled for 08/08/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/23/2019
  • DocketMinute Order (Hearing on Petition Petition to Compel Arbitration)

    Read MoreRead Less
  • 05/23/2019
  • DocketOn the Court's own motion, Hearing on Petition Petition to Compel Arbitration scheduled for 05/23/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 08/08/2019 08:30 AM

    Read MoreRead Less
  • 05/17/2019
  • DocketNotice of Non-Receipt of Opposition to Petition to Compel Arbitration; Filed by: Isabella Gradney (Petitioner); As to: Joel DeLuna (Respondent)

    Read MoreRead Less
  • 05/16/2019
  • DocketNotice and Acknowledgment of Receipt; Filed by: Isabella Gradney (Petitioner); As to: Joel DeLuna (Respondent)

    Read MoreRead Less
  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

    Read MoreRead Less
  • 01/23/2019
  • DocketHearing on Petition Petition to Compel Arbitration scheduled for 05/23/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 01/23/2019
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 01/17/2019
  • DocketPetition Petition to Compel Arbitration; Filed by: Isabella Gradney (Petitioner); As to: Joel DeLuna (Respondent)

    Read MoreRead Less
  • 01/17/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 01/17/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 01/17/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCP00206    Hearing Date: December 10, 2019    Dept: 94

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2)

TENTATIVE RULING:

Plaintiff Isabella Gradney’s Motion to Compel Arbitration is GRANTED.

ANALYSIS:

I. Background

Petitioner Isabella Gradney (“Petitioner”) filed the instant Petition to Compel Arbitration against Respondent Joel De Luna (“Respondent”) on January 17, 2019. The dispute involves Respondent’s alleged failure to return Petitioner’s $20,000 purchase deposit after a real estate sales transaction was cancelled.

The original hearing date was set by the court for May 23, 2019, which ordered Petitioner to give notice to Respondent by serving a copy of the hearing notice on all parties to the action, and file proof of service thereof. A notice and acknowledge of receipt was filed on May 16, 2019. No response to the Petition was filed. The original hearing date was continued because the provided copy of the arbitration agreement was illegible. Petitioner was to submit a supplemental declaration including a legible copy of the agreement, alongside proof of service of the supplemental declaration. The supplemental declaration was filed on June 17, 2019. The hearing has been continued on several occasions, and Petitioner has filed the accompanying notices of continuance. No response has been filed by Respondent.

II. Legal Standard

Under the California Arbitration Act (“AAA”), “[o]n 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).) “The CAA is ‘a comprehensive statutory scheme regulating private arbitration in this state.’ [Citation.] ‘Through this detailed statutory scheme, the Legislature has expressed a ‘strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution.’’ [Citation.]” (Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc. (2018) 6 Cal.5th 59, 72.)

III. Discussion

“‘[T]he party seeking arbitration bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence, and the party opposing arbitration bears the burden of proving by a preponderance of the evidence any defense . . . .’ [Citation.]” (Nielsen Contracting, Inc. v. Applied Underwriters, Inc. (2018) 22 Cal.App.5th 1096, 1106.)

Petitioner provides the real estate contract, the California Residential Purchase Agreement, which contains an arbitration agreement at paragraph 22 requiring arbitration of “any dispute or claim in Law or equity arising between them [the parties] out of this Agreement or any resulting transaction . . . .” (Supp. Br. Exh. A, pg. 8, ¶ 22.) The agreement includes Respondent’s signature in multiple locations and Respondent’s initials underneath the arbitration provision. (Ibid.) The dispute concerning the deposit certainly falls within the broad reach of the arbitration agreement and no opposing evidence has been submitted. Accordingly, Petitioner has met her burden of proving the existence of an arbitration agreement between the parties.

IV. Conclusion & Order

For the foregoing reasons, the Motion is GRANTED.

Moving parties are ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.