This case was last updated from Los Angeles County Superior Courts on 03/17/2021 at 07:29:02 (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

Certificate of Mailing for - Certificate of Mailing for (Hearing - Other Motion to Compel Arbitration) of 02/09/2021

2/9/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing - Other Motion to Compel Arbitration) of 02/09/2021

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

2/9/2021: Minute Order - Minute Order (Hearing - Other Motion to Compel Arbitration)

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

6 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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  • 08/17/2021
  • Hearing08/17/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 04/13/2021
  • Hearing04/13/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing - Other (name extension)

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  • 02/09/2021
  • DocketHearing - Other Motion to Compel Arbitration scheduled for 04/13/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 02/09/2021
  • DocketPost-Arbitration Status Conference scheduled for 08/17/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 02/09/2021
  • DocketThe case is placed in special status of: Stay - Entire Action/Case

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  • 02/09/2021
  • DocketMinute Order (Hearing - Other Motion to Compel Arbitration)

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  • 02/09/2021
  • DocketCertificate of Mailing for (Hearing - Other Motion to Compel Arbitration) of 02/09/2021; Filed by: Clerk

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  • 02/09/2021
  • DocketOn the Court's own motion, Hearing - Other Motion to Compel Arbitration scheduled for 02/09/2021 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 04/13/2021 10:00 AM

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25 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: February 09, 2021    Dept: 25

HEARING DATE: Tue., February 9, 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: OK 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, and Request for Stay is GRANTED as to Defendant Westlake Financial Services, LLC. The matter is STAYED and is to be arbitrated before the AAA. Defendant Westlake is also ordered to reinstate its good standing status with the AAA.

However, Plaintiff’s request for costs is CONTINUED TO APRIL 13, 2921 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s counsel must file and serve a supplemental declaration regarding the costs sought. Failure to do so may result in the request for costs being placed off calendar or denied.

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 February 5, 2021 [ ] Late [X] None

REPLY: None filed as of February 5, 2021 [ ] 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.

At the initial hearing on January 4, 2021, the Court continued the hearing because Defendant Southgate Auto had not yet been served. (1/4/21 Minute Order.) On January 15, 2021, Plaintiff filed a supplemental declaration in support of its Motion.

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

Plaintiff brings the instant Motion seeking to compel Defendants Southgate and Westlake to submit to arbitration based on the provisions of the parties’ Retail Installment Sale Contract (“RISC”). (Mot., pp. 1-2.) At the previous hearing, the Court noted Defendant Southgate had not yet been served and continued the hearing to allow Plaintiff an opportunity to do so. (1/4/21 Minute Order.) In Plaintiff’s counsel’s supplemental declaration, she states Defendant Southgate has not yet been served because the business has closed. (1/15/21 Supp. Heydari Decl., ¶4.) However, she requests that a ruling be issued as to Defendant Westlake. (Id. at ¶ 5.) Thus, the Court proceeds to make a ruling as to Defendant Westlake only.

Plaintiff purchased a vehicle from Defendant Southgate pursuant to the RISC, which was later assigned to Defendant Westlake. (Mot., p. 3:5-8.) The RISC contains an arbitration provision which states, in pertinent part:

“EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION, AND NOT BY A COURT OR BY JURY TRIAL…Any dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us, our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship…shall at your or our election be resolved by neutral binding arbitration and not by court action…”

(Id., Heydari Decl., ¶ 3, Exh. 1.) The RISC also provides that parties may choose the American Arbitration Association (the “AAA”) or any other organization to conduct the arbitration subject to the holder’s approval. (Id.)

Plaintiff’s Complaint arises from the condition of the vehicle, so it is subject to arbitration. (See Compl., ¶¶ 17-21.) Plaintiff sent Defendant Westlake a letter demanding arbitration on January 29, 2020. (Mot., Heydari Decl., ¶ 2.) Plaintiff did not receive an agreement to arbitrate from Defendant Westlake. (Id. at ¶ 6.) Notably, Defendant Westlake has not submitted any opposition to this Motion. Based on the above, the Court finds Plaintiff demonstrated the existence of an arbitration agreement and that there is no defense to its enforcement.

Plaintiff’s counsel states that, on a separate matter, she was informed by AAA that Defendant Westlake has been kicked out of the program for failure to comply with AAA policies. (Mot., Heydari Decl., ¶ 9.) Defendant Westlake is ordered to comply with AAA’s policies so that this matter may be arbitrated by the AAA.

Plaintiff’s counsel also requests costs associated with filing this Motion. (Mot., p. 7:6-19.) “The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code.” (Code Civ. Proc., § 1293.2.) “A petition to compel arbitration under section 1281.2 is a judicial proceeding covered by this provision.” (Otay River Constructors v. San Diego Expressway (2008) 158 Cal.App.4th 796, 805.) However, Plaintiff’s Motion does not specify the amount of costs sought. Thus, Plaintiff’s counsel is ordered to file and serve a supplemental declaration detailing the costs incurred in this filing this Motion.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Israel Alejandro Salas Carpizo’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, and Request for Stay is GRANTED as to Defendant Westlake Financial Services, LLC. The matter is STAYED and is to be arbitrated before the AAA. Defendant Westlake is also ordered to reinstate its good standing status with the AAA.

However, Plaintiff’s request for costs is CONTINUED TO APRIL 13, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s counsel must file and serve a supplemental declaration regarding the costs sought. Failure to do so may result in the request for costs being placed off calendar or denied.

Moving party is ordered to give notice.

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.

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