This case was last updated from Los Angeles County Superior Courts on 01/23/2021 at 07:16:00 (UTC).

ISRAEL ALEJANDRO SALAS CARPIZO VS SOUTHGATE AUTO, INC., ET AL.

Case Summary

On 08/24/2020 ISRAEL ALEJANDRO SALAS CARPIZO filed a Contract - Other Contract lawsuit against SOUTHGATE AUTO, 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:

    *******7174

  • Filing Date:

    08/24/2020

  • 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

SALAS CARPIZO ISRAEL ALEJANDRO

Defendants

HUDSON INSURANCE COMPANY

WESTLAKE SERVICES DBA WESTLAKE FINANCIAL SERVICES

SOUTHGATE AUTO INC. DBA EXPRESS AUTO LENDING

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

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

1/15/2021: Declaration (name extension) - Declaration of Nima Heydari in Support of Plaintiff's Motion to Compel Arbitration

Notice (name extension) - Notice Plaintiff's Notice of Continued Motion to Compel Arbitration hearing

1/6/2021: Notice (name extension) - Notice Plaintiff's Notice of Continued Motion to Compel Arbitration hearing

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

1/7/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

1/4/2021: Minute Order - Minute Order (Hearing - Other Motion to Compel Arbitration)

Certificate of Mailing for - Certificate of Mailing for (Hearing - Other Motion to Compel Arbitration) of 01/04/2021

1/4/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing - Other Motion to Compel Arbitration) of 01/04/2021

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

11/9/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service - No Service - Proof of Service - No Service

11/9/2020: Proof of Service - No Service - Proof of Service - No Service

Proof of Personal Service - Proof of Personal Service

11/9/2020: Proof of Personal Service - Proof of Personal Service

Request for Dismissal - Request for Dismissal

11/17/2020: Request for Dismissal - Request for Dismissal

Motion to Compel Arbitration - Motion to Compel Arbitration

9/23/2020: Motion to Compel Arbitration - Motion to Compel Arbitration

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

9/23/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Petition to Compel Arbitration

Summons - Summons on Complaint

8/24/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/24/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

8/24/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

8/24/2020: Complaint - Complaint

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

8/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 08/28/2023
  • Hearing08/28/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 02/22/2022
  • Hearing02/22/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/09/2021
  • Hearing02/09/2021 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing - Other (name extension)

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  • 01/15/2021
  • DocketDeclaration of Nima Heydari in Support of Plaintiff's Motion to Compel Arbitration; Filed by: Israel Alejandro Salas Carpizo (Plaintiff)

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  • 01/07/2021
  • DocketProof of Service by Substituted Service; Filed by: Israel Alejandro Salas Carpizo (Plaintiff); As to: Westlake Services (Defendant); Proof of Mailing Date: 09/30/2020; Service Cost: 114.50; Service Cost Waived: No

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  • 01/06/2021
  • DocketNotice Plaintiff's Notice of Continued Motion to Compel Arbitration hearing; Filed by: Israel Alejandro Salas Carpizo (Plaintiff)

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  • 01/04/2021
  • DocketHearing - Other Motion to Compel Arbitration scheduled for 02/09/2021 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 01/04/2021
  • DocketMinute Order (Hearing - Other Motion to Compel Arbitration)

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  • 01/04/2021
  • DocketCertificate of Mailing for (Hearing - Other Motion to Compel Arbitration) of 01/04/2021; Filed by: Clerk

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  • 01/04/2021
  • DocketOn the Court's own motion, Hearing - Other Motion to Compel Arbitration scheduled for 01/04/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 02/09/2021 11:00 AM

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18 More Docket Entries
  • 09/23/2020
  • DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 01/04/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 09/23/2020
  • DocketMotion to Compel Arbitration; Filed by: Israel Alejandro Salas Carpizo (Plaintiff); As to: Southgate Auto, Inc. (Defendant); Westlake Services (Defendant)

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  • 08/24/2020
  • DocketNon-Jury Trial scheduled for 02/22/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/28/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/24/2020
  • DocketComplaint; Filed by: Israel Alejandro Salas Carpizo (Plaintiff); As to: Southgate Auto, Inc. (Defendant); Westlake Services (Defendant); Hudson Insurance Company (Defendant)

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  • 08/24/2020
  • DocketCivil Case Cover Sheet; Filed by: Israel Alejandro Salas Carpizo (Plaintiff); As to: Southgate Auto, Inc. (Defendant); Westlake Services (Defendant); Hudson Insurance Company (Defendant)

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  • 08/24/2020
  • DocketSummons on Complaint; Issued and Filed by: Israel Alejandro Salas Carpizo (Plaintiff); As to: Southgate Auto, Inc. (Defendant); Westlake Services (Defendant); Hudson Insurance Company (Defendant)

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  • 08/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/24/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC07174    Hearing Date: January 04, 2021    Dept: 25

HEARING DATE: Mon., January 4, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Carpizo v. Southgate Auto, Inc., et al. COMPL. FILED: 08-24-20

CASE NUMBER: 20STLC07174 DISC. C/O: 01-23-22

NOTICE: NO DISC. MOT. C/O: 02-07-22

TRIAL DATE: 02-22-22

PROCEEDINGS: MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, AND REQUEST FOR COSTS

MOVING PARTY: Plaintiff Israel Alejandro Salas Carpizo

RESP. PARTY: None

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Plaintiff Israel Alejandro Salas Carpizo’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs is CONTINUED TO FEB 9, 2021 AT 11:00 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 addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 December 30, 2020 [ ] Late [X] None

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

ANALYSIS:

  1. Background

On August 24, 2020, Plaintiff Israel Alejandro Salas Carpizo (“Plaintiff”) filed an action against Defendants Southgate Auto, Inc. dba Express Auto Lending (“Southgate Auto”), Westlake Services, LLC dba Westlake Financial Services (“Westlake”), and Hudson Insurance Company (“Hudson”).

Plaintiff dismissed Defendant Hudson from the action with prejudice on November 18, 2020.

To date, no opposition has been filed.

  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 to the agreement refuses to arbitrate that 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 rescission 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

As an initial matter, the Court notes that because Defendant Southgate Auto has not yet been served with this action or with the instant Motion, the Court has no jurisdiction over it. In addition, the proof of service as to Defendant Westlake demonstrates the Summons, Complaint, and instant Motion were served on September 30, 2020 by substitute service but does not identify the name of the person served on behalf of the corporation. Before the Court can issue a ruling on the merits, Plaintiff must address the service issues noted above.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Israel Alejandro Salas Carpizo’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs is CONTINUED TO FEB 9, 2021 AT 11:00 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 addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.