This case was last updated from Los Angeles County Superior Courts on 10/22/2020 at 13:29:15 (UTC).

MARIA AMOR SANCHEZ, AN INDIVIDUAL VS 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION

Case Summary

On 05/01/2020 MARIA AMOR SANCHEZ, AN INDIVIDUAL filed a Contract - Other Contract lawsuit against 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION. 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:

    *******3740

  • Filing Date:

    05/01/2020

  • 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

Plaintiffs and Respondents

SANCHEZ AN INDIVIDUAL MARIA AMOR

CAL WEST ATTORNEY SERVICES INC.

Defendant and Appellant

540 LANDFAIR LLC A CALIFORNIA LIMITED LIABILITY CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

MEDINA CLAUDIA

Defendant Attorney

HAGEMANN MICHAEL KARL

 

Court Documents

Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103 RESPONDENT

10/2/2020: Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103 RESPONDENT

Appeal - Notice Court Reporter to Submit Estimated Cost - Appeal - Notice Court Reporter to Submit Estimated Cost ;NOA 9/14/20;

10/8/2020: Appeal - Notice Court Reporter to Submit Estimated Cost - Appeal - Notice Court Reporter to Submit Estimated Cost ;NOA 9/14/20;

Appeal - Notice of Appeal/Cross Appeal Filed - Appeal - Notice of Appeal/Cross Appeal Filed

9/14/2020: Appeal - Notice of Appeal/Cross Appeal Filed - Appeal - Notice of Appeal/Cross Appeal Filed

Appeal - Notice of Filing of Notice of Appeal - Appeal - Notice of Filing of Notice of Appeal

9/18/2020: Appeal - Notice of Filing of Notice of Appeal - Appeal - Notice of Filing of Notice of Appeal

Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103

9/22/2020: Appeal - Ntc Designating Record of Appeal APP-003/010/103 - Appeal - Ntc Designating Record of Appeal APP-003/010/103

Minute Order - Minute Order (Ruling on Submitted Matter)

8/24/2020: Minute Order - Minute Order (Ruling on Submitted Matter)

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 08/24/2020

8/24/2020: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 08/24/2020

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore Howard Torch, CSR# 11248

8/12/2020: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - Order Appointing Court Approved Reporter as Official Reporter Pro Tempore Howard Torch, CSR# 11248

Reply (name extension) - Reply IN SUPPORT OF MOTION TO COMPEL ARBITRATION

8/5/2020: Reply (name extension) - Reply IN SUPPORT OF MOTION TO COMPEL ARBITRATION

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

8/5/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/30/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Request for Judicial Notice - Request for Judicial Notice

6/30/2020: Request for Judicial Notice - Request for Judicial Notice

Motion to Compel (name extension) - Motion to Compel PETITIONER/DEFENDANT'S NOTICE OF MOTION AND MOTION TO: COMPEL ARBITRATION, APPOINT ARBITRATOR, AND STAY PROCEEDINGS PENDING ARBITRATION [CODE CIV.

6/30/2020: Motion to Compel (name extension) - Motion to Compel PETITIONER/DEFENDANT'S NOTICE OF MOTION AND MOTION TO: COMPEL ARBITRATION, APPOINT ARBITRATOR, AND STAY PROCEEDINGS PENDING ARBITRATION [CODE CIV.

Minute Order - Minute Order (Court Order)

7/9/2020: Minute Order - Minute Order (Court Order)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/10/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

First Amended Standing Order - First Amended Standing Order

5/1/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

5/1/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

5/1/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

21 More Documents Available

 

Docket Entries

  • 05/05/2023
  • Hearing05/05/2023 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

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  • 10/29/2021
  • Hearing10/29/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/14/2020
  • DocketAppeal - Reporter Appeal Transcript Process Fee Paid; Filed by: MARIA AMOR SANCHEZ, AN INDIVIDUAL (Plaintiff)

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  • 10/08/2020
  • DocketAppeal - Notice Court Reporter to Submit Estimated Cost;NOA 9/14/20;; Filed by: Clerk

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  • 10/02/2020
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103 RESPONDENT; Filed by: MARIA AMOR SANCHEZ, AN INDIVIDUAL (Respondent)

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  • 09/22/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION (Appellant); As to: MARIA AMOR SANCHEZ, AN INDIVIDUAL (Respondent)

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  • 09/22/2020
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by: 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION (Appellant)

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  • 09/18/2020
  • DocketAppeal - Notice of Filing of Notice of Appeal; Filed by: Clerk

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  • 09/14/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION (Defendant); As to: MARIA AMOR SANCHEZ, AN INDIVIDUAL (Plaintiff)

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  • 09/14/2020
  • DocketAppeal - Notice of Appeal/Cross Appeal Filed; Filed by: 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION (Appellant); As to: MARIA AMOR SANCHEZ, AN INDIVIDUAL (Respondent); To be paid at Central: No

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21 More Docket Entries
  • 05/18/2020
  • DocketUpdated -- First Amended Standing Order: As To Parties: removed

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  • 05/18/2020
  • DocketCertificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]; Filed by: Clerk

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/05/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/29/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/01/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/01/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/01/2020
  • DocketSummons on Complaint; Issued and Filed by: MARIA AMOR SANCHEZ, AN INDIVIDUAL (Plaintiff); As to: 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION (Defendant)

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  • 05/01/2020
  • DocketCivil Case Cover Sheet; Filed by: MARIA AMOR SANCHEZ, AN INDIVIDUAL (Plaintiff); As to: 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION (Defendant)

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  • 05/01/2020
  • DocketComplaint; Filed by: MARIA AMOR SANCHEZ, AN INDIVIDUAL (Plaintiff); As to: 540 LANDFAIR LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION (Defendant)

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  • 05/01/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03740    Hearing Date: August 12, 2020    Dept: 26

Sanchez v. 540 Landfair, LLC, et al.

PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Defendant 540 Landfair, LLC’s Motion to Compel Arbitration is DENIED. DEFENDANT TO FILE AN ANSWER WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On May 1, 2020, Plaintiff Maria Amor Sanchez (“Plaintiff”) filed the instant action for violation of the Los Angeles Rent Stabilization Ordinance (“RSO”) and fraud against Defendant 540 Landfair, LLC (“Defendant”). As its responsive pleading, Defendant filed a petition and motion to compel arbitration on June 30, 2020 (“the Motion”). On July 21, 2020, Plaintiff filed an opposition to the Motion and Defendant replied on August 5, 2020.

Legal Standard

“A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (Code Civ. Proc., § 1290.4, subd. (a).)

“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, subds. (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.) The party petitioning to compel arbitration under written arbitration agreement bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, and party opposing petition must meet the same evidentiary burden to prove any facts necessary to its defense. The trial court acts as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence. (Code Civ. Proc., § 1281.2; Provencio v. WMA Securities, Inc. (2005) 125 Cal.App.4th 1028, 1031.) If the court orders arbitration, then the court shall stay the action until arbitration is completed. (See Code Civ. Proc., § 1281.4.)

Discussion

Allegations in the Complaint

Plaintiff entered into a written lease for the property located at 550 Landfair Avenue, Los Angeles, California (“the Subject Property”) in September 2015, agreeing to pay monthly rent of $2,000. (Compl., ¶¶1, 2, 7.) Following Defendant’s acquisition of the Subject Property in December 2015, Plaintiff was asked to enter into a new lease agreement commencing June 1, 2016 and expiring June 14, 2017. (Id. at ¶8.) In May 2017, Defendant informed Plaintiff the lease would not be renewed and that Plaintiff would have to move out because the Subject Property was being demolished. (Id. at ¶9.) Plaintiff agreed to vacate by June 11, 2017, in exchange for Defendant’s confirmation that her entire deposit would be returned. (Id. at ¶10.) Defendant insisted that Plaintiff sign a move-out agreement. (Ibid.)

Defendant did not inform Plaintiff that the Subject Property was subject to the RSO and that Defendant had to provide Plaintiff with an RSO Disclosure Notice of Tenant Rights as approved by the Los Angeles Housing and Community Investment Department (“HDIC”). (Id. at ¶¶11-14.) Defendant also failed to pay Plaintiff relocation benefits as required by the RSO. (Id. at ¶¶16-19.) Plaintiff was also forced to vacate the Subject Property long before the completion of Defendant’s application and declaration with HDIC, which is required under the RSO. (Id. at ¶¶16-20.)

Existence of an Arbitration Agreement

Defendant contends that it entered into an agreement with Plaintiff on April 30, 2016 whereby Plaintiff agreed to move out within 30 days (“the 2016 Move Out Agreement”). (Motion, Akhavi Decl., ¶¶5-9 and Exh. 2.) Five days prior to May 30, 2016, Plaintiff asked for an extension of the agreement, to which Defendant agreed to extend the lease term until June 14, 2017. (Ibid.) Defendant contends that Plaintiff moved out by June 14, 2017 without any specific prompting by Defendant. (Id. at ¶12.) Defendant intends to assert counter-claims against Plaintiff for unlawful subletting of the Subject Property. (Id. at ¶13.)

Defendant argues that the 2016 Move Out Agreement contains an arbitration provision, as well as a waiver of relocation fees. Defendant moves to compel arbitration of the parties’ dispute pursuant to the arbitration provision in the 2016 Move Out Agreement. In opposition, Plaintiff contends that in addition to the Move Out Agreement signed on April 30, 2016, Plaintiff signed a new lease agreement on May 25, 2016 (“the 2016 Lease”) which does not contain an arbitration provision. (Opp., Sanchez Decl., ¶9 and Exh. C.) Towards the end of the 2016 Lease term, Plaintiff signed another move out agreement on May 14, 2017 (“the 2017 Move Out Agreement”), which also does not mention arbitration. Defendant replies that the 2016 Move Out Agreement is the relevant agreement in this action because the 2016 Lease and 2017 Move Out Agreement were simply extensions of that initial move out agreement. Defendant further contends that nothing in 2016 Lease and 2017 Move Out Agreement negates the agreement to arbitrate.

The 2016 Move Out Agreement is not relevant to this action. The Complaint is based on Defendant’s alleged violations of the RSO and of the 2016 Lease and 2017 Move Out Agreement. (Compl., ¶¶8-24.) Nothing in the Complaint alleges that Defendant violated the terms of the 2016 Move Out Agreement, which although undated, was apparently executed around April 30, 2016. (Motion, Akhavi Decl., ¶¶5-9 and Exh. 2.) The terms of the 2016 Move Out Agreement could not pertain to the 2016 Lease, which had yet to be discussed or signed in April 2016. (Id. at ¶11.) Nor does anything in the 2016 Lease reference the 2016 Move Out Agreement. Finally, paragraph 19 of the 2016 Lease specifically states “this Lease constitutes the entire agreement between the parties. There are no representations not expressed herein.” (Opp., Sanchez Decl., Exh. C, ¶19.) The 2016 Lease, therefore, is not an extension of the 2016 Move Out Agreement.

Based on foregoing, Defendant has not carried its burden to demonstrate the existence of an arbitration agreement between the parties with respect to the claims that are at issue in this action. Defendant’s evidentiary objections are overruled.

Conclusion

Defendant 540 Landfair, LLC’s Motion to Compel Arbitration is DENIED. DEFENDANT TO FILE AN ANSWER WITHIN 20 DAYS’ NOTICE OF THIS ORDER.

Plaintiff is ordered to give notice.