This case was last updated from Los Angeles County Superior Courts on 12/07/2019 at 03:03:05 (UTC).

JOHNETT SLOAN VS LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIOHN AUTHORITY

Case Summary

On 06/07/2018 JOHNETT SLOAN filed a Personal Injury - Motor Vehicle lawsuit against LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIOHN AUTHORITY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8099

  • Filing Date:

    06/07/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

SLOAN JOHNETT

Defendant

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATIOHN AUTHORITY

Attorney/Law Firm Details

Plaintiff Attorney

YEAGER KENNETH CHARLES

Defendant Attorney

NEBENZAHL MICHAEL RALPH

 

Court Documents

Request for Dismissal - Request for Dismissal

9/25/2019: Request for Dismissal - Request for Dismissal

Notice of Change of Address or Other Contact Information

9/14/2018: Notice of Change of Address or Other Contact Information

Answer

7/5/2018: Answer

Proof of Personal Service

6/28/2018: Proof of Personal Service

Complaint

6/7/2018: Complaint

Summons - on Complaint

6/7/2018: Summons - on Complaint

Civil Case Cover Sheet

6/7/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

6/7/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/25/2019
  • DocketOn the Complaint filed by Johnett Sloan on 06/07/2018, entered Request for Dismissal with prejudice filed by Johnett Sloan as to the entire action

    Read MoreRead Less
  • 09/25/2019
  • DocketRequest for Dismissal; Filed by: Johnett Sloan (Plaintiff); As to: Los Angeles County Metropolitan Transportatiohn Authority (Defendant)

    Read MoreRead Less
  • 09/25/2019
  • DocketNon-Jury Trial scheduled for 12/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 09/25/2019

    Read MoreRead Less
  • 09/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/10/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 09/25/2019

    Read MoreRead Less
  • 09/14/2018
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Michael Ralph Nebenzahl (Attorney)

    Read MoreRead Less
  • 09/14/2018
  • DocketUpdated -- Michael Ralph Nebenzahl (Attorney): Organization Name changed from Archer Norris, PLC to Thompson, Coe & O'Meara, LLP

    Read MoreRead Less
  • 09/14/2018
  • DocketAddress for Michael Ralph Nebenzahl (Attorney) updated

    Read MoreRead Less
  • 07/05/2018
  • DocketAnswer; Filed by: Los Angeles County Metropolitan Transportatiohn Authority (Defendant)

    Read MoreRead Less
  • 06/28/2018
  • DocketProof of Personal Service; Filed by: Johnett Sloan (Plaintiff); As to: Los Angeles County Metropolitan Transportatiohn Authority (Defendant); Service Date: 06/08/18; Service Cost: 35.00; Service Cost Waived: No

    Read MoreRead Less
  • 06/07/2018
  • DocketComplaint; Filed by: Johnett Sloan (Plaintiff); As to: Los Angeles County Metropolitan Transportatiohn Authority (Defendant)

    Read MoreRead Less
  • 06/07/2018
  • DocketCivil Case Cover Sheet; Filed by: Johnett Sloan (Plaintiff)

    Read MoreRead Less
  • 06/07/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 06/07/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 06/07/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 06/07/2018
  • DocketNon-Jury Trial scheduled for 12/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/07/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/10/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC08099    Hearing Date: November 26, 2019    Dept: 94

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

PLAINTIFFS JUAN ARMENTA PORTUGAL AND DIANA PORTUGAL’S MOTION TO COMPEL ARBITRATION IS PLACED OFF CALENDAR.

SUMMARY OF COMPLAINT: Action for violation of Consumer Legal Remedies Act, unfair or unlawful business practices, negligent misrepresentation, and related claims.

REQUEST FOR RELIEF: Compel Westlake Services, LLC dba Westlake Financial Services to arbitrate this controversy pursuant to the parties’ agreement.

ANALYSIS:

On September 3, 2019, Plaintiffs Juan Armenta Portugal and Diana Portugal (“Plaintiffs”) filed this action against Defendants Westlake Services, LLC dba Westlake Financial Services (“Holder”) and Great American Insurance Company (“Great American”). Plaintiff filed the instant Motion to Compel Arbitration on September 19, 2019. 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

Plaintiffs have not demonstrated that the Court has jurisdiction over Holder. The proof of substitute service filed on November 19, 2019 states that the Summons, Complaint and Motion was mailed to Holder on November 18, 2019. (Proof of Service, filed 11/19/19, p. 2.) Service is effective ten days later, on November 28, 2019. (Code Civ. Proc., § 415.20, subd. (a).) Therefore, the Court lacks jurisdiction over Holder as of the hearing date, November 26, 2019.

PLAINTIFFS’ MOTION TO COMPEL ARBITRATION IS PLACED OFF CALENDAR.

Court clerk to give notice.