This case was last updated from Los Angeles County Superior Courts on 09/06/2021 at 11:54:31 (UTC).

JAIRO GOMEZ, M.D. VS CHHP HOLDINGS, LLC, A FOREIGN LIMITED LIABILITY COMPANY

Case Summary

On 07/15/2020 JAIRO GOMEZ, M D filed a Contract - Other Contract lawsuit against CHHP HOLDINGS, LLC, A FOREIGN LIMITED LIABILITY COMPANY. 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:

    *******5941

  • Filing Date:

    07/15/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

GOMEZ JAIRO M.D.

Defendants

CHHP HOLDINGS LLC A FOREIGN LIMITED LIABILITY COMPANY DBA COMMUNITY HOSPITAL OF HUNTINGTON PARK

CHHP HOLDINGS LLC II DBA COMMUNITY HOSPITAL OF HUNTINGTON PARK

CHHP HOLDINGS LLC II A FOREIGN LIMITED LIABILITY COMPANY DBA COMMUNITY HOSPITAL OF HUNTINGTON PARK

 

Court Documents

Notice (name extension) - Notice of Plaintiff's Failure to File Opposition to Motion to Compel Arbitration by Defendant CHHP Holdings II, LLC, Erroneously Sued as CHHP Holdings LLC II

3/1/2021: Notice (name extension) - Notice of Plaintiff's Failure to File Opposition to Motion to Compel Arbitration by Defendant CHHP Holdings II, LLC, Erroneously Sued as CHHP Holdings LLC II

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

3/9/2021: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration)

Notice of Ruling - Notice of Ruling

3/9/2021: Notice of Ruling - Notice of Ruling

Motion to Compel Arbitration - Motion to Compel Arbitration

8/31/2020: Motion to Compel Arbitration - Motion to Compel Arbitration

Proof of Personal Service - Proof of Personal Service

8/10/2020: Proof of Personal Service - Proof of Personal Service

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

7/29/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Summons - Summons on Complaint

7/15/2020: Summons - Summons on Complaint

Complaint - Complaint

7/15/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/15/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

7/15/2020: First Amended Standing Order - First Amended Standing Order

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

7/15/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 07/19/2023
  • Hearing07/19/2023 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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  • 02/09/2022
  • Hearing02/09/2022 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 01/12/2022
  • Hearing01/12/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/09/2021
  • DocketPost-Arbitration Status Conference scheduled for 02/09/2022 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 03/09/2021
  • DocketThe case is placed in special status of: Stay - Entire Action/Case

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  • 03/09/2021
  • DocketNotice of Ruling; Filed by: CHHP Holdings, LLC, II, a foreign limited liability company (Defendant)

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  • 03/09/2021
  • DocketUpdated -- CHHP Holdings, LLC, II, a foreign limited liability company (Defendant): Organization Name changed from CHHP Holdings, LLC, II to CHHP Holdings, LLC, II, a foreign limited liability company

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  • 03/09/2021
  • DocketMinute Order (Hearing on Motion to Compel Arbitration)

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  • 03/09/2021
  • DocketHearing on Motion to Compel Arbitration scheduled for 03/09/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/09/2021; Result Type to Held - Motion Granted

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  • 03/01/2021
  • DocketNotice of Plaintiff's Failure to File Opposition to Motion to Compel Arbitration by Defendant CHHP Holdings II, LLC, Erroneously Sued as CHHP Holdings LLC II; Filed by: CHHP Holdings, LLC, II (Defendant); As to: CHHP Holdings, LLC, II (Defendant)

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2 More Docket Entries
  • 08/10/2020
  • DocketProof of Personal Service; Filed by: Jairo Gomez, M.D. (Plaintiff); As to: CHHP Holdings, LLC, II (Defendant); Service Date: 08/04/2020; Service Cost: 0.00; Service Cost Waived: No

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  • 07/29/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Jairo Gomez, M.D. (Plaintiff); As to: CHHP Holdings, LLC, II (Defendant); Type: Fictitious Name

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  • 07/17/2020
  • DocketNon-Jury Trial scheduled for 01/12/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/19/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 07/17/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 07/15/2020
  • DocketComplaint; Filed by: Jairo Gomez, M.D. (Plaintiff); As to: CHHP Holdings, LLC, a foreign limited liability company (Defendant)

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  • 07/15/2020
  • DocketSummons on Complaint; Issued and Filed by: Jairo Gomez, M.D. (Plaintiff); As to: CHHP Holdings, LLC, a foreign limited liability company (Defendant)

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  • 07/15/2020
  • DocketCivil Case Cover Sheet; Filed by: Jairo Gomez, M.D. (Plaintiff); As to: CHHP Holdings, LLC, a foreign limited liability company (Defendant)

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  • 07/15/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/15/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC05941    Hearing Date: March 9, 2021    Dept: 25

HEARING DATE: Tue., March 9, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Gomez v. CHHP Holdings, LLC, et al. COMP. FILED: 07-15-20

CASE NUMBER: 20STLC05941 DISC. C/O: 12-23-21

NOTICE: OK DISC. MOT. C/O: 01-07-22

TRIAL DATE: 01-12-22

PROCEEDINGS: MOTION TO COMPEL ARBITRATION

MOVING PARTY: Defendant CHHP Holdings II, LLC, erroneously sued as CHHP Holdings LLC II

RESP. PARTY: None

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Defendant CHHP Holdings II, LLC’s Motion to Compel Arbitration is GRANTED. The matter is STAYED pending arbitration of the parties’ dispute.

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 March 5, 2021 [ ] Late [X] None

REPLY: None filed as of March 5, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 15, 2020, Plaintiff Jairo Gomez, M.D. (“Plaintiff”), in pro per, filed an action for breach of contract and common counts against Defendant CHHP Holdings, LLC dba Community Hospital of Huntington Park (“CHHP”). Plaintiff filed an amendment to the Complaint on July 29, 2020 substituting, CHHP Holdings II, LLC dba Community Hospital of Huntington Park, erroneously sued as CHHP Holdings, LLC II dba Community Hospital of Huntington Park (“CHHP II”) for Doe 1.

On August 31, 2020, Defendant CHHP II filed the instant Motion to Compel Arbitration (the “Motion”). No opposition was 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 and Defendant CHHP II entered into a Professional Services Agreement (the “Agreement”) on June 17, 2019. (Compl., Exh. A.)

The Agreement contains the following arbitration provision:

“Any dispute or controversy arising under, out of or in connection with, or in relation to this Agreement, or any amendment hereof, or the breach hereof shall be determined and settled by final and binding arbitration in the county in which the Hospital is located in accordance with the Commercial Rules of Arbitration (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”) before one arbitrator…Any award rendered by the arbitrator shall be final and binding upon each of the parties, and judgment thereof may be entered in any court having jurisdiction thereof….This provision shall survive the expiration or other termination of this Agreement, regardless of the cause of such termination.”

(Id.)

By filing this lawsuit despite the provision requiring arbitration of all disputes, Plaintiff has effectively refused to arbitrate the controversy. (Hyundai Amco America, Inc. v. S3H, Inc. 232 Cal.App.4th 572, 578.

Based on the above, Defendant CHHP II has demonstrated the existence of an arbitration agreement and the Court finds there is no defense to its enforcement. Plaintiff has not filed an opposition demonstrating otherwise. Accordingly, Defendant CHHP II’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendant CHHP Holdings II, LLC’s Motion to Compel Arbitration is GRANTED. The matter is STAYED pending arbitration of the parties’ dispute.

Moving party is ordered to give notice.

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