This case was last updated from Los Angeles County Superior Courts on 08/27/2020 at 01:50:39 (UTC).

LUIS ENRIQUE VARGAS-CARRILLO VS WESTLAKE SERVICES, LLC

Case Summary

On 01/13/2020 LUIS ENRIQUE VARGAS-CARRILLO 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 JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0337

  • Filing Date:

    01/13/2020

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

VARGAS-CARRILLO LUIS ENRIQUE

Defendant

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

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

8/25/2020: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration)

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

8/26/2020: Notice (name extension) - Notice of Continued Motion to Compel Hearing

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Personal Service - Proof of Personal Service

2/13/2020: Proof of Personal Service - Proof of Personal Service

Motion to Compel Arbitration - Motion to Compel Arbitration

1/21/2020: Motion to Compel Arbitration - Motion to Compel Arbitration

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

1/21/2020: Declaration (name extension) - Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration

First Amended Standing Order - First Amended Standing Order

1/13/2020: First Amended Standing Order - First Amended Standing Order

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

1/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

1/13/2020: Summons - Summons on Complaint

Complaint - Complaint

1/13/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/14/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

 

Docket Entries

  • 01/17/2023
  • Hearing01/17/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/12/2021
  • Hearing07/12/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/29/2020
  • Hearing10/29/2020 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Arbitration

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  • 08/26/2020
  • DocketNotice of Continued Motion to Compel Hearing; Filed by: Luis Enrique Vargas-Carrillo (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 08/25/2020
  • DocketMinute Order (Hearing on Motion to Compel Arbitration)

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  • 08/25/2020
  • DocketOn the Court's own motion, Hearing on Motion to Compel Arbitration scheduled for 08/25/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/29/2020 10:00 AM

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  • 03/18/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/18/2020
  • DocketOn the Court's own motion, Hearing on Motion to Compel Arbitration scheduled for 04/14/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/25/2020 10:30 AM

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  • 02/13/2020
  • DocketProof of Personal Service; Filed by: Luis Enrique Vargas-Carrillo (Plaintiff); As to: Westlake Services, LLC (Defendant); Service Date: 01/24/2020; Service Cost: 40.00; Service Cost Waived: No

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  • 01/23/2020
  • DocketHearing on Motion to Compel Arbitration scheduled for 04/14/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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1 More Docket Entries
  • 01/21/2020
  • DocketDeclaration of Nima Heydari In Support of Plaintiffs? Petition to Compel Arbitration; Filed by: Luis Enrique Vargas-Carrillo (Plaintiff)

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  • 01/21/2020
  • DocketMotion to Compel Arbitration; Filed by: Luis Enrique Vargas-Carrillo (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 01/14/2020
  • DocketCivil Case Cover Sheet; Filed by: Luis Enrique Vargas-Carrillo (Plaintiff)

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  • 01/13/2020
  • DocketComplaint; Filed by: Luis Enrique Vargas-Carrillo (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 01/13/2020
  • DocketSummons on Complaint; Issued and Filed by: Luis Enrique Vargas-Carrillo (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 01/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/13/2020
  • DocketNon-Jury Trial scheduled for 07/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/13/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/17/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/13/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 20STLC00337    Hearing Date: August 25, 2020    Dept: 25

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

CASE NAME: Vargas-Carrillo v. Westlake Services, LLC   COMPL. FILED: 01-13-20

CASE NUMBER: 20STLC00337 DISC. C/O: 06-12-21

NOTICE:   NO (continued hearing) DISC. MOT. C/O:    06-27-20

TRIAL DATE: 07-12-21

PROCEEDINGS    MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, AND REQUEST FOR COSTS

MOVING PARTY:   Plaintiff Luis Enrique Vargas-Carrillo

RESP. PARTY: None

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2 et seq.)

TENTATIVE RULING:

Plaintiff Luis Enrique Vargas-Carrillo’s Motion is CONTINUED TO OCTOBER 29, 2020 at 10:00 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 21, 2020 [   ] Late [X] None

REPLY: None filed as of August 21, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On January 13, 2020, Plaintiff Luis Enrique Vargas-Carrillo (“Plaintiff”) filed an action for violation of the Consumers Legal Remedies Act, violation of Business and Professions Code section 17200, et seq., negligent misrepresentation, breach of implied warranty of merchantability, and claim against surety against Defendant Westlake Services, LLC dba Westlake Financial Services (“Defendant”).

On January 21, 2020, Plaintiff filed the instant Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs (the “Motion”). Plaintiff filed a proof of service demonstrating Defendant was personally served with the Summons and Complaint and the instant Motion on January 24, 2020. (2/13/20 Proof of Service.)

On March 18, 2020, the Court, on its own motion, continued the hearing to August 25, 2020 at 10:30 a.m. (3/18/20 Notice re Continuance of Hearing and Order.) Plaintiff was ordered to give notice of the continuance and to file a proof of service demonstrating he gave such notice. (Id.)

To date, Plaintiff has not filed a proof of service for the continuance and Defendant has not filed an answer or opposition.

  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 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.” (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

Id.) Plaintiff brings the instant Motion seeking to compel Defendant, as the holder of the RISC, to submit to arbitration.

The RISC contains the following arbitration provision:

“Any claim or dispute, whether in contract, tort, statute, or otherwise…between you, us, or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract, or any resulting transaction or relationship…shall at your or our election, be resolved by neutral binding arbitration and not by a court action…You may choose the American Arbitration Association [“AAA”]…or any other organization to conduct the arbitration subject to our approval.” (Mot., Heydari Decl., ¶ 3, Exh. 1.)

The RISC further provides that “[a]ny holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof.” (Id.)

However, the copy of RISC Plaintiff submits as evidence is illegible as to Plaintiff’s name and description of the vehicle Plaintiff alleges was purchased. (Mot., Heydari Decl., ¶ 3, Exh. 1.) Without a legible copy, the Court cannot conclude Plaintiff was a party to this contract. Thus, Plaintiff is ordered to provide a clearer copy of the RISC for the Court’s review.   

The Court also notes that, although Plaintiff requests costs for bringing this Motion (id. at p. 7:5-19), neither the Motion nor Plaintiff’s counsel’s declaration specifies the amount sought. Thus, the Court orders Plaintiff to provide supplemental papers specifying the amount of costs sought.  

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Luis Enrique Vargas-Carrillo’s Motion is CONTINUED TO OCTOBER 29, 2020 at 10:00 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.