This case was last updated from Los Angeles County Superior Courts on 10/31/2020 at 03:12:03 (UTC).

JAMRA & JAMRA, L.L.P., A LIMITED LIABILITY PARTNERSHIP VS ASHLEY M. MILLER

Case Summary

On 11/04/2019 JAMRA JAMRA, L L P , A LIMITED LIABILITY PARTNERSHIP filed a Contract - Other Contract lawsuit against ASHLEY M MILLER. 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:

    *******0215

  • Filing Date:

    11/04/2019

  • 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

JAMRA & JAMRA L.L.P. A LIMITED LIABILITY PARTNERSHIP

Defendant

MILLER ASHLEY M.

Attorney/Law Firm Details

Plaintiff Attorney

JEN JERRY

 

Court Documents

Supplemental Declaration (name extension) - Supplemental Declaration in Support of Plaintiff's Petition to Compel Arbitration

10/15/2020: Supplemental Declaration (name extension) - Supplemental Declaration in Support of Plaintiff's Petition to Compel Arbitration

Notice (name extension) - Notice of Continued Hearing on Motion to Compel Arbitration

10/15/2020: Notice (name extension) - Notice of Continued Hearing on Motion to Compel Arbitration

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

10/29/2020: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration)

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

8/26/2020: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration)

Motion to Compel Arbitration - Motion to Compel Arbitration

5/13/2020: Motion to Compel Arbitration - Motion to Compel Arbitration

Minute Order - Minute Order (Court Order Re: Hearing on Motion to Compel Arbitration)

5/19/2020: Minute Order - Minute Order (Court Order Re: Hearing on Motion to Compel Arbitration)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to Compel Arbitration) of 05/19/2020

5/19/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to Compel Arbitration) of 05/19/2020

Notice (name extension) - Notice NOTICE OF CONTINUED HEARING ON MOTION TO COMPEL ARBITRATION

6/4/2020: Notice (name extension) - Notice NOTICE OF CONTINUED HEARING ON MOTION TO COMPEL ARBITRATION

Answer - Answer

2/13/2020: Answer - Answer

Complaint - Complaint

11/4/2019: Complaint - Complaint

Summons - Summons on Complaint

11/4/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

11/4/2019: First Amended Standing Order - First Amended Standing Order

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

11/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 05/03/2021
  • Hearing05/03/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/11/2021
  • Hearing03/11/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 10/29/2020
  • DocketPost-Arbitration Status Conference scheduled for 03/11/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 10/29/2020
  • DocketThe case is placed in special status of: Stay - Entire Action/Case

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  • 10/29/2020
  • DocketMinute Order (Hearing on Motion to Compel Arbitration)

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  • 10/29/2020
  • DocketHearing on Motion to Compel Arbitration scheduled for 10/29/2020 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/29/2020; Result Type to Held

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  • 10/15/2020
  • DocketNotice of Continued Hearing on Motion to Compel Arbitration; Filed by: JAMRA & JAMRA, L.L.P., a Limited Liability Partnership (Plaintiff); As to: ASHLEY M. MILLER (Defendant)

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  • 10/15/2020
  • DocketSupplemental Declaration in Support of Plaintiff's Petition to Compel Arbitration; Filed by: JAMRA & JAMRA, L.L.P., a Limited Liability Partnership (Plaintiff)

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  • 08/26/2020
  • DocketHearing on Motion to Compel Arbitration scheduled for 10/29/2020 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 08/26/2020
  • DocketMinute Order (Hearing on Motion to Compel Arbitration)

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8 More Docket Entries
  • 05/13/2020
  • DocketHearing on Motion to Compel Arbitration scheduled for 06/11/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 02/13/2020
  • DocketAnswer; Filed by: ASHLEY M. MILLER (Defendant)

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  • 11/06/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/06/2019
  • DocketNon-Jury Trial scheduled for 05/03/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/06/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 11/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/04/2019
  • DocketSummons on Complaint; Issued and Filed by: JAMRA & JAMRA, L.L.P., a Limited Liability Partnership (Plaintiff); As to: ASHLEY M. MILLER (Defendant)

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  • 11/04/2019
  • DocketCivil Case Cover Sheet; Filed by: JAMRA & JAMRA, L.L.P., a Limited Liability Partnership (Plaintiff); As to: ASHLEY M. MILLER (Defendant)

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  • 11/04/2019
  • DocketComplaint; Filed by: JAMRA & JAMRA, L.L.P., a Limited Liability Partnership (Plaintiff); As to: ASHLEY M. MILLER (Defendant)

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Tentative Rulings

Case Number: 19STLC10215    Hearing Date: October 29, 2020    Dept: 25

HEARING DATE: Thu., October 29, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Jamra & Jamra, LLP v. Miller COMPL. FILED: 11-04-19

CASE NUMBER: 19STLC10215 DISC. C/O: 04-03-21

NOTICE: OK DISC. MOT. C/O: 04-18-21

TRIAL DATE: 05-03-21

PROCEEDINGS: MOTION TO COMPEL ARBITRATION AND REQUEST FOR STAY OF PROCEEDINGS

MOVING PARTY: Plaintiff Jamra & Jamra, LLP

RESP. PARTY: None

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Plaintiff Jamra & Jamra, LLP’s Motion to Compel Arbitration and Request for Stay of Proceedings is GRANTED. The matter is STAYED and is to be arbitrated before ADR Services, Inc.

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 October 27, 2020 [ ] Late [X] None

REPLY: None filed as of October 27, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On November 4, 2019, Plaintiff Jamra & Jamra, LLP (“Plaintiff”) filed this action for breach of contract, money due on an open book account, money due on an account stated, and money due for services rendered against Defendant Ashley M. Miller (“Defendant”). On February 3, 2020, Defendant filed an Answer, in pro per.

Plaintiff filed the instant Motion to Compel Arbitration and Request for Stay of Proceedings (the “Motion”) on May 13, 2020.

At the initial August 26, 2020 hearing, the Court continued the matter to allow Plaintiff an opportunity to demonstrate it made an arbitration demand upon Defendant. (8/26/20 Minute Order.) Plaintiff filed supplemental papers on October 15, 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

On August 16, 2014, the parties entered into a written agreement for legal services in connection with a family law matter (the “Agreement”). (Mot. p. 3:11-16, Jen Decl., ¶ 3, Exh. A.)

The Agreement contains an arbitration provision that states, in pertinent part:

“In the event you become dissatisfied for any reason with the fees charged or the services we have performed, we encourage you to bring that to our attention; we will do the same if we perceive a problem with the representation…[¶] You agree that any dispute or controversy between you and [Plaintiff] regarding the construction, application, or performance of any services under the Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration (and not by a lawsuit or resort to court process except as California law provides for judicial review and/or conformation of arbitration proceedings) upon the written request of one party after the service of that request on the other party.”

(Id.) In addition, the Agreement requires the matter to be heard and submitted to a single arbitrator in accordance with the rules of ADR Services, Inc. (“ADR”). (Id.)

Plaintiff’s claims arise out of Defendant’s alleged failure to pay attorney’s fees under the Agreement. (Mot., p. 4:21-28.) Thus, its claims are subject to arbitration. Plaintiff also provides evidence that it sent Defendant a Notice of Client’s Right to Arbitration on April 2, 2018. (Id., Jen Decl., ¶ 4, Exh. B.) Defendant did not respond to the Notice of Client’s Right to Arbitration or otherwise affirmatively represent to Plaintiff she wished to arbitrate this matter. (Id. at ¶ 5.) In addition, on August 28, 2020, Plaintiff asked Defendant via email whether she would be agreeable to voluntarily submit the matter to arbitration pursuant to the terms of their Agreement. (10/15/20 Jen Decl., ¶ 7, Exh. B.) Defendant responded that she needed to research the process and that she would get back to Plaintiff. (Id.) Defendant, however, never responded to Plaintiff’s request. (Id.) Notably, Defendant has not filed an opposition to Plaintiff’s Motion.

Based on the above, Plaintiff has demonstrated the existence of an arbitration agreement and the Court finds there is no defense to its enforcement. Accordingly, Plaintiff’s unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Jamra & Jamra, LLP’s Motion to Compel Arbitration and Request for Stay of Proceedings is GRANTED. The matter is STAYED and is to be arbitrated before ADR Services, Inc.

Moving party is ordered to give notice.

Case Number: 19STLC10215    Hearing Date: August 26, 2020    Dept: 25

HEARING DATE: Wed., August 26, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Jamra & Jamra, LLP v. Miller COMPL. FILED: 11-04-19

CASE NUMBER: 19STLC10215 DISC. C/O: 04-03-21

NOTICE: OK DISC. MOT. C/O: 04-18-21

TRIAL DATE: 05-03-21

PROCEEDINGS: MOTION TO COMPEL ARBITRATION AND REQUEST FOR STAY OF PROCEEDINGS

MOVING PARTY: Plaintiff Jamra & Jamra, LLP

RESP. PARTY: None

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Plaintiff Jamra & Jamra, LLP’s Motion to Compel Arbitration and Request for Stay of Proceedings is CONTINUED TO October 29, 2020 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 and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion 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 August 24, 2020 [ ] Late [X] None

REPLY: None filed as of August 24, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On November 4, 2019, Plaintiff Jamra & Jamra, LLP (“Plaintiff”) filed this action for breach of contract, money due on an open book account, money due on an account stated, and money due for services rendered against Defendant Ashley M. Miller (“Defendant”). On February 3, 2020, Defendant filed an Answer, in pro per.

Plaintiff filed the instant Motion to Compel Arbitration and Request for Stay of Proceedings (the “Motion”) on May 13, 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

On August 16, 2014, the parties entered into a written agreement for legal services in connection with a family law matter (the “Agreement”). (Mot. p. 3:11-16, Jen Decl., ¶ 3, Exh. A.)

The Agreement contains an arbitration provision that states, in pertinent part:

“In the event you become dissatisfied for any reason with the fees charged or the services we have performed, we encourage you to bring that to our attention; we will do the same if we perceive a problem with the representation…[¶] You agree that any dispute or controversy between you and [Plaintiff] regarding the construction, application, or performance of any services under the Agreement, and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration (and not by a lawsuit or resort to court process except as California law provides for judicial review and/or conformation of arbitration proceedings) upon the written request of one party after the service of that request on the other party.”

(Id.)

Here, Plaintiff’s claims arise out of Defendant’s alleged failure to pay attorney’s fees under the Agreement. (Mot., p. 4:21-28.) Thus, its claims are subject to arbitration. Plaintiff also provides evidence that it sent Defendant a Notice of Client’s Right to Arbitration on April 2, 2018. (Id., Jen Decl., ¶ 4, Exh. B.) Defendant did not respond to the Notice of Client’s Right to Arbitration or otherwise affirmatively represent to Plaintiff she wished to arbitrate this matter. (Id. at ¶ 5.) However, Plaintiff has not demonstrated that it made a demand upon Defendant to submit to arbitration and that Defendant refused to submit thereto as required by Code of Civil Procedure section 1281.2.

Thus, the Court will continue this hearing to allow Plaintiff an opportunity to file and serve supplemental papers demonstrating it made an arbitration demand upon Defendant.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Jamra & Jamra, LLP’s Motion to Compel Arbitration and Request for Stay of Proceedings is CONTINUED TO OCTOBER 29, 2020 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 and serve 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.