This case was last updated from Los Angeles County Superior Courts on 07/21/2021 at 01:35:08 (UTC).

JUAN PORTUGAL VS WESTLAKE SERVICES, LLC, ET AL.

Case Summary

On 09/03/2019 JUAN PORTUGAL filed a Contract - Other Contract lawsuit against WESTLAKE SERVICES, LLC. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8099

  • Filing Date:

    09/03/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs

PORTUGAL JUAN ARMENTA

PORTUGAL DIANA

Defendants

GREAT AMERICAN INSURANCE COMPANY

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

Declaration (name extension) - Declaration Declaration of Nima Heydari in support of Plaintiffs' Motion to Lift Stay

12/22/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari in support of Plaintiffs' Motion to Lift Stay

Minute Order - Minute Order (Hearing on Motion for Leave Motion to Lift Stay)

2/22/2021: Minute Order - Minute Order (Hearing on Motion for Leave Motion to Lift Stay)

Ex Parte Application (name extension) - Ex Parte Application PLAINTIFFS EX PARTE APPLICATION TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES

2/24/2021: Ex Parte Application (name extension) - Ex Parte Application PLAINTIFFS EX PARTE APPLICATION TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

2/24/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Minute Order - Minute Order (Court Order Re: Plaintiff's Ex Parte Application to Continue ...)

2/25/2021: Minute Order - Minute Order (Court Order Re: Plaintiff's Ex Parte Application to Continue ...)

Declaration (name extension) - Declaration AMENDED DECLARATION OF NIMA HEYDARI IN SUPPORT OF PLAITIFFS EX PARTE APPLICATION TO MOVE TRIAL DATES

2/25/2021: Declaration (name extension) - Declaration AMENDED DECLARATION OF NIMA HEYDARI IN SUPPORT OF PLAITIFFS EX PARTE APPLICATION TO MOVE TRIAL DATES

Order (name extension) - Order [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES

2/25/2021: Order (name extension) - Order [PROPOSED] ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES

Notice (name extension) - Notice of Continued Motion to Lift Stay Hearing

10/27/2020: Notice (name extension) - Notice of Continued Motion to Lift Stay Hearing

Motion re: (name extension) - Motion re: Plaintiff's Motion to Lift Stay

10/14/2020: Motion re: (name extension) - Motion re: Plaintiff's Motion to Lift Stay

Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Plaintiff's Motion to Lift Stay

10/14/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Plaintiff's Motion to Lift Stay

Minute Order - Minute Order (Post-Arbitration Status Conference)

10/22/2020: Minute Order - Minute Order (Post-Arbitration Status Conference)

Proof of Personal Service - Proof of Personal Service

2/6/2020: Proof of Personal Service - Proof of Personal Service

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 11/26/2019

11/26/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 11/26/2019

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/19/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Affidavit (name extension) - Affidavit Affidavit Re Venue

9/10/2019: Affidavit (name extension) - Affidavit Affidavit Re Venue

Summons - Summons on Complaint

9/3/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/3/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

9/3/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

23 More Documents Available

 

Docket Entries

  • 06/25/2021
  • DocketNon-Jury Trial scheduled for 07/19/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/25/2021

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  • 06/25/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/06/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/25/2021

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  • 06/22/2021
  • DocketOn the Complaint filed by Juan Armenta Portugal, et al. on 09/03/2019, entered Request for Dismissal with prejudice filed by Juan Armenta Portugal and Diana Portugal as to the entire action

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  • 06/22/2021
  • DocketAddress for Kasra Sadr (Attorney) null

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  • 02/25/2021
  • DocketUpdated -- Ex Parte Application TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES: Name Extension changed from PLAINTIFFS? EX PARTE APPLICATION TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES to TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES; As To Parties changed from Westlake Services, LLC (Defendant) to Westlake Services, LLC (Defendant)

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  • 02/25/2021
  • DocketUpdated -- Ex Parte Application TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES: Filed By: Diana Portugal (Plaintiff),Juan Armenta Portugal (Plaintiff); Result: Granted; Result Date: 02/25/2021

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  • 02/25/2021
  • DocketNon-Jury Trial scheduled for 07/19/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 02/25/2021
  • DocketOrder [PROPOSED] ORDER GRANTING PLAINTIFFS? EX PARTE APPLICATION TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; Signed and Filed by: Juan Armenta Portugal (Plaintiff); Diana Portugal (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 02/25/2021
  • DocketUpdated -- Order [PROPOSED] ORDER GRANTING PLAINTIFFS? EX PARTE APPLICATION TO REMOVE OR CONTINUE TRIAL DATES AND RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES: Filed By: Juan Armenta Portugal (Plaintiff),Diana Portugal (Plaintiff); Result: Granted; As To Parties changed from Westlake Services, LLC (Defendant) to Westlake Services, LLC (Defendant)

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  • 02/25/2021
  • DocketNotice of Ruling on Plaintiff's Motion to Lift Stay; Filed by: Juan Armenta Portugal (Plaintiff); Diana Portugal (Plaintiff); As to: Westlake Services, LLC (Defendant)

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45 More Docket Entries
  • 09/24/2019
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Motion to Compel Arbitration scheduled for 11/04/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Party was rescheduled to 11/26/2019 10:30 AM

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  • 09/10/2019
  • DocketAffidavit Affidavit Re Venue; Filed by: Juan Armenta Portugal (Plaintiff); Diana Portugal (Plaintiff)

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  • 09/04/2019
  • DocketNon-Jury Trial scheduled for 03/02/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 09/04/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/06/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/04/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 09/03/2019
  • DocketComplaint; Filed by: Juan Armenta Portugal (Plaintiff); Diana Portugal (Plaintiff); As to: Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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  • 09/03/2019
  • DocketCivil Case Cover Sheet; Filed by: Juan Armenta Portugal (Plaintiff); Diana Portugal (Plaintiff); As to: Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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  • 09/03/2019
  • DocketSummons on Complaint; Issued and Filed by: Juan Armenta Portugal (Plaintiff); As to: Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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  • 09/03/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/03/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC08099    Hearing Date: February 22, 2021    Dept: 26

Portugal v. Westlake Services, LLC, et al.

MOTION TO LIFT STAY AND REOPEN CASE

(9 U.S.C. § 3)

TENTATIVE RULING:

Plaintiffs Juan Armenta Portugal and Diana Portugal’s Motion to Lift Stay and Reopen Case is GRANTED.

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”). On November 22, 2019, Plaintiffs dismissed Great American from the action.

On March 10, 2020, the Court granted Plaintiffs’ Motion to Compel Arbitration and ordered Holder to pay the necessary fees to reinstate the matter to arbitration. (Minute Order, 3/10/20.) On October 22, 2020, the Court held a Post-Arbitration Status Conference at which time Plaintiffs’ counsel represented that the arbitration was still pending. At the hearing on Plaintiffs’ initial motion to lift stay on December 8, 2020, the Court placed the motion off calendar when neither party appeared without explanation.

On December 22, 2020, Plaintiffs filed the instant Motion to Lift Stay and Reopen Case. To date, no opposition has been filed.

Discussion

The arbitration under the parties’ agreement is to be conducted pursuant to the Federal Arbitration Act, set forth at 9 U.S.C. section 1, et. seq. (Motion, Heydari Decl., Exh. 1, p. 4.) Under section 3 of the Federal Arbitration Act, an action referring the parties to arbitration may be stayed so long as no party is in default. (9 U.S.C., § 3.) Holder is now in default with respect to the arbitration proceedings. Despite the Court’s March, 10, 2020 order that Holder pay the necessary fees to reinstate the arbitration with the American Arbitration Association (“AAA”), Holder has yet to do so. (Motion, Heydari Decl., ¶¶3-8.) On September 30, 2020, AAA sent notice that it was closing the case due to non-payment of fees. (Id. at ¶9 and Exh. 5.)

Based on Holder’s default with respect to the arbitration proceeding, the Court finds it appropriate to reinstate this action and allow it to proceed to trial.

Conclusion

Plaintiffs Juan Armenta Portugal and Diana Portugal’ Motion to Lift Stay and Reopen Case is GRANTED.

Moving party to give notice.

Case Number: 19STLC08099    Hearing Date: December 08, 2020    Dept: 26

Portugal v. Westlake Services, LLC, et al.

MOTION TO LIFT STAY AND REOPEN CASE

TENTATIVE RULING:

Plaintiffs Juan Armenta Portugal and Diana Portugal’s Motion to Lift Stay and Reopen Case is DENIED. 

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”). On November 22, 2019, Plaintiffs dismissed Great American from the action.

On March 10, 2020, the Court granted Plaintiffs’ Motion to Compel Arbitration and ordered Holder to pay the necessary fees to reinstate the matter to arbitration. (Minute Order, 3/10/20.) On October 14, 2020, Plaintiffs filed the instant Motion to Lift Stay and Reopen Case. To date, no opposition has been filed.

Discussion

Plaintiffs’ Motion to Lift Stay and Reopen Case fails to provide notice of the legal basis on which it is brought and is not brought pursuant to any legal authority. The Notice of Motion does not cite any statutory or case law and refers only to the facts giving rise to the relief sought. (Notice, p. 2:1-3.) Similarly, the Motion is devoid of citation to legal authority. (Motion, pp. 3-4.)

Notice of and citation to the relevant legal authority is a fundamental requirement on a motion for relief: “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)

As Plaintiffs fail to demonstrate the authority or grounds for relief, the Motion to Lift Stay and Reopen Case is DENIED.

Court clerk to give notice.

Case Number: 19STLC08099    Hearing Date: March 10, 2020    Dept: 26

Portugal v. Westlake Services, LLC, et al.

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 GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN. DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS ALSO ORDERED TO PAY PLAINTIFFS’ COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

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”). On November 22, 2019, Plaintiff dismissed Great American from the action.

Plaintiff filed the instant Motion to Compel Arbitration on December 23, 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 bring the instant Motion seeking to compel Holder to submit to arbitration based on a Retail Installment Sale Contract to purchase a car (the “Contract”). (Motion, Heydari Decl., Exh. 2.) Both Plaintiff and the car dealership are parties to the Contract, and Holder is alleged to have been assigned the contract. (See Compl., ¶¶36-37.) Plaintiffs provide evidence of the existence of the arbitration agreement in the sales contract. (Motion, Heydari Decl., Exh. 2, p. 4.) They further demonstrate that their demand to Holder to arbitrate the dispute was ignored and the Court’s intervention is needed to compel the parties to arbitration. (Id. at ¶¶4-9.) Holder has not submitted an opposition to the instant Motion. Accordingly, Plaintiffs have demonstrated the existence of an arbitration agreement and the Court finds there is no defense to its enforcement.

Plaintiffs also request 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.) Therefore, Plaintiffs are awarded costs of $439.95. (Motion, pp. 7:23-8:2.)

Conclusion

Plaintiffs Juan Armenta Portugal and Diana Portugal’s Motion to Compel Arbitration and Request for Costs is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN. DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS ALSO ORDERED TO PAY PLAINTIFFS’ COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC08099    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.

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