On 10/15/2020 JEFFER MANGELS BUTLER MITCHELL LLP filed an Other - Arbitration lawsuit against PACIFIC PROPERTY PARTNERS. 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.
*******3373
10/15/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
JEFFER MANGELS BUTLER & MITCHELL LLP
PACIFIC PROPERTY PARTNERS
SEDOR DAN P.
2/18/2021: Minute Order - Minute Order (Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO...)
11/4/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
10/15/2020: First Amended Standing Order - First Amended Standing Order
10/15/2020: Petition (name extension) - Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DAN P. SEDOR IN SUPPORT THEREOF
10/15/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
10/15/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
10/15/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
Hearing04/21/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)
DocketMinute Order (Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO...)
DocketOn the Court's own motion, Hearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DAN P. SEDOR IN SUPPORT THEREOF scheduled for 02/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 04/21/2021 10:00 AM
DocketHearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DAN P. SEDOR IN SUPPORT THEREOF scheduled for 04/21/2021 at 10:00 AM in Spring Street Courthouse at Department 25
DocketProof of Service (not Summons and Complaint); Filed by: JEFFER MANGELS BUTLER & MITCHELL LLP (Petitioner); As to: PACIFIC PROPERTY PARTNERS (Respondent)
DocketHearing on Petition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DAN P. SEDOR IN SUPPORT THEREOF scheduled for 02/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
DocketPetition TO COMPEL BINDING ARBITRATION PURSUANT TO C.C.P. SECTION 1281.2; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF DAN P. SEDOR IN SUPPORT THEREOF; Filed by: JEFFER MANGELS BUTLER & MITCHELL LLP (Petitioner); As to: PACIFIC PROPERTY PARTNERS (Respondent)
DocketCivil Case Cover Sheet; Filed by: JEFFER MANGELS BUTLER & MITCHELL LLP (Petitioner); As to: PACIFIC PROPERTY PARTNERS (Respondent)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 20STCP03373 Hearing Date: February 18, 2021 Dept: 25
HEARING DATE: Thu., February 18, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Jeffer Mangels Butler & Mitchell LLP v. Pacific Property Partners
CASE NUMBER: 20STCP03373 PET. FILED: 10-15-20
NOTICE: NO
PROCEEDINGS: PETITION TO COMPEL BINDING ARBITRATION
MOVING PARTY: Petitioner Jeffer Mangels Butler & Mitchell LLP
RESP. PARTY: None
PETITION TO COMPEL ARBITRATION
(CCP § 1281.2, et seq.)
TENTATIVE RULING:
The Petition to Compel Arbitration is CONTINUED TO APRIL 21, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers as requested herein. Failure to do so may result in the Petition 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 11, 2021 [ ] Late [X] None
REPLY: None filed as of February 11, 2021 [ ] Late [X] None
ANALYSIS:
Background
On October 15, 2020, Petitioner Jeffer Mangels Butler & Mitchell LLP (“Petitioner”) initiated this action by filing the instant Petition to Compel Binding Arbitration (the “Petition”) against Defendant Pacific Property Partners (“Defendant”).
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 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.)
Discussion
The Agreement also contains the following provision regarding service:
“As provided under California Code of Civil Procedure section 1290.4, the parties further agree that notice and service of any petition to confirm an arbitration award issued pursuant to this clause shall be sufficient if served by regular mail.” (Pet., Sedor Decl., ¶ 2, Exh. 1.) (Emphasis added.)
This service provision, however, does not specify a manner in which a petition to compel arbitration shall be served. Section 1290.4 provides that:
“If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been served in accordance with this subdivision: (1) Service within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ. Proc., § 1290.4, subd. (b).)
A summons must be served personally, by substitute service, by mail coupled with an acknowledgment of receipt, or by publication. (Code Civ. Proc., § 415.10, et seq.) Here, Petitioner served Respondent with this Petition via mail and email. (11/4/20 Proof of Service.) However, Petitioner did not include a receipt of acknowledgment. (Id.) This is insufficient to meet the requirements of Section 1290.4. The proof of service also does not specify the person served on behalf of the entity Respondent. Thus, Petitioner is ordered to file a proof of service demonstrating Respondent was served with the Petition in accordance with Section 1290.4.
Conclusion & Order
For the foregoing reasons, the Petition to Compel Arbitration is CONTINUED TO APRIL 21, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Petitioner must file supplemental papers as requested herein. Failure to do so may result in the Petition being placed off calendar or denied.
Moving party is ordered to give notice.
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