This case was last updated from Los Angeles County Superior Courts on 01/13/2021 at 03:02:58 (UTC).

JANNEH SHEIKUBAH VS WHOLESALE INVESTMENTS, INC., ET AL.

Case Summary

On 06/22/2020 JANNEH SHEIKUBAH filed a Contract - Other Contract lawsuit against WHOLESALE INVESTMENTS, 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 SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5220

  • Filing Date:

    06/22/2020

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

SHEIKUBAH JANNEH

Defendants

WHOLESALE INVESTMENTS INC.

MECHANICS BANK SUCCESSOR BY MERGER WITH CALIFORNIA REPUBLIC BANK

THE GUARANTEE COMPANY OF NORTH AMERICA USA

Attorney/Law Firm Details

Plaintiff Attorneys

HEYDARI NIMA

SADR KASRA

 

Court Documents

Notice (name extension) - Notice OF SETTLEMENT

1/6/2021: Notice (name extension) - Notice OF SETTLEMENT

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

1/11/2021: Minute Order - Minute Order (Hearing on Motion for Leave Motion to Compel Arbitration)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave Motion to Compel Arbitration) of 01/11/2021

1/11/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave Motion to Compel Arbitration) of 01/11/2021

Proof of Personal Service - Proof of Personal Service

9/18/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

9/18/2020: Proof of Personal Service - Proof of Personal Service

Motion to Compel Arbitration - Motion to Compel Arbitration

7/8/2020: Motion to Compel Arbitration - Motion to Compel Arbitration

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

7/8/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration

Complaint - Complaint

6/22/2020: Complaint - Complaint

Summons - Summons on Complaint

6/22/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/22/2020: First Amended Standing Order - First Amended Standing Order

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

6/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 06/26/2023
  • Hearing06/26/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 12/20/2021
  • Hearing12/20/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 01/11/2021
  • DocketMinute Order (Hearing on Motion for Leave Motion to Compel Arbitration)

    Read MoreRead Less
  • 01/11/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Leave Motion to Compel Arbitration) of 01/11/2021; Filed by: Clerk

    Read MoreRead Less
  • 01/11/2021
  • DocketHearing on Motion for Leave Motion to Compel Arbitration scheduled for 01/11/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/11/2021; Result Type to Held

    Read MoreRead Less
  • 01/11/2021
  • DocketUpdated -- Motion to Compel Arbitration: Filed By: Janneh Sheikubah (Plaintiff); Result: Granted; Result Date: 01/11/2021

    Read MoreRead Less
  • 01/06/2021
  • DocketNotice OF SETTLEMENT; Filed by: Janneh Sheikubah (Plaintiff)

    Read MoreRead Less
  • 09/18/2020
  • DocketProof of Personal Service; Filed by: Janneh Sheikubah (Plaintiff); As to: WHOLESALE INVESTMENTS, INC. (Defendant); Service Date: 07/15/2020; Service Cost: 80.00; Service Cost Waived: No

    Read MoreRead Less
  • 09/18/2020
  • DocketProof of Personal Service; Filed by: Janneh Sheikubah (Plaintiff); As to: THE GUARANTEE COMPANY OF NORTH AMERICA USA (Defendant); Service Date: 07/10/2020; Service Cost: 40.00; Service Cost Waived: No

    Read MoreRead Less
  • 07/08/2020
  • DocketMotion to Compel Arbitration; Filed by: Janneh Sheikubah (Plaintiff); As to: WHOLESALE INVESTMENTS, INC. (Defendant); MECHANICS BANK SUCCESSOR BY MERGER WITH CALIFORNIA REPUBLIC BANK (Defendant)

    Read MoreRead Less
  • 07/08/2020
  • DocketDeclaration Declaration of Nima Heydari In Support of Plaintiffs? Petition to Compel Arbitration; Filed by: Janneh Sheikubah (Plaintiff)

    Read MoreRead Less
  • 07/08/2020
  • DocketHearing on Motion for Leave Motion to Compel Arbitration scheduled for 01/11/2021 at 10:00 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 06/22/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/26/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 06/22/2020
  • DocketNon-Jury Trial scheduled for 12/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 06/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 06/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 06/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Janneh Sheikubah (Plaintiff); As to: WHOLESALE INVESTMENTS, INC. (Defendant); MECHANICS BANK SUCCESSOR BY MERGER WITH CALIFORNIA REPUBLIC BANK (Defendant); THE GUARANTEE COMPANY OF NORTH AMERICA USA (Defendant)

    Read MoreRead Less
  • 06/22/2020
  • DocketSummons on Complaint; Issued and Filed by: Janneh Sheikubah (Plaintiff); As to: WHOLESALE INVESTMENTS, INC. (Defendant); MECHANICS BANK SUCCESSOR BY MERGER WITH CALIFORNIA REPUBLIC BANK (Defendant); THE GUARANTEE COMPANY OF NORTH AMERICA USA (Defendant)

    Read MoreRead Less
  • 06/22/2020
  • DocketComplaint; Filed by: Janneh Sheikubah (Plaintiff); As to: WHOLESALE INVESTMENTS, INC. (Defendant); MECHANICS BANK SUCCESSOR BY MERGER WITH CALIFORNIA REPUBLIC BANK (Defendant); THE GUARANTEE COMPANY OF NORTH AMERICA USA (Defendant)

    Read MoreRead Less
  • 06/22/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC05220    Hearing Date: January 11, 2021    Dept: 26

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Janneh Sheikubah’s Motion to Compel Arbitration is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANT WHOLESALE INVESTMENTS, INC. IS TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN.

ANALYSIS:

On June 20, 2020, Plaintiff Janneh Sheikubah (“Plaintiff”) filed this action against Defendants Wholesale Investments, Inc. (“Dealer”), Mechanics Bank Successor By Merger With California Republic Bank (“Holder”) and The Guarantee Company Of North America USA. Plaintiffs filed the instant Motion to Compel Arbitration on July 8, 2020. To date, no opposition has been filed.

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 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).) 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 CCP § 1281.4.)

Discussion

Plaintiff brings the instant Motion seeking to compel Holder and Dealer to submit to arbitration based on a Retail Installment Sale Contract to purchase a car (the “Contract”). (Motion, Heydari Decl., Exh. 1.) Both Plaintiff and the Dealer are parties to the Contract, and Holder is alleged to have been assigned the contract. (See Compl., ¶¶38-39.) Plaintiff provides evidence of the existence of the arbitration agreement in the sales contract. (Motion, Heydari Decl., Exh. 1, “Arbitration Provision”.) Plaintiff made payments to Holder on the Contract and that the demand to Holder to arbitrate the dispute was ignored. (Id. at ¶¶4-9 and Exhs. 2, 4.) This demonstrates that the Court’s intervention is needed to compel the parties to arbitration. Nor has Holder submitted an opposition to the instant Motion. Accordingly, Plaintiff have demonstrated the existence of an arbitration agreement and the Court finds there is no defense to its enforcement.

Plaintiff also requests costs for having to bring the instant Motion. “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, as no proof is submitted regarding the costs incurred by Plaintiff, the Court cannot award any costs at this time.

Conclusion

Plaintiff Janneh Sheikubah’s Motion to Compel Arbitration is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANT WHOLESALE INVESTMENTS, INC. IS TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN.

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where MECHANICS BANK is a litigant

Latest cases where The Guarantee Company of North America USA is a litigant

Latest cases represented by Lawyer SADR KASRA