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This case was last updated from Los Angeles County Superior Courts on 06/01/2021 at 01:30:11 (UTC).

MARY J SUSMILCH VS PLANET CARS, INC., ET AL.

Case Summary

On 02/03/2020 MARY J SUSMILCH filed a Contract - Other Contract lawsuit against PLANET CARS, INC . 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:

    *******1077

  • Filing Date:

    02/03/2020

  • 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

Plaintiff

SUSMILCH MARY J

Defendants

INTERNATIONAL FIDELITY INSURANCE COMPANY

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

PLANET CARS INC. DBA CASH OR FINANCE AUTO

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

Defendant Attorney

FIROUZNAM-HEIDARI JENOS

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Post-Arbitration Status Conference;) of 05/20/2021

5/20/2021: Certificate of Mailing for - Certificate of Mailing for (Post-Arbitration Status Conference;) of 05/20/2021

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

5/20/2021: Minute Order - Minute Order (Post-Arbitration Status Conference;)

Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF THE PLAINTIFFS MOTION TO LIFT STAY

2/11/2021: Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF THE PLAINTIFFS MOTION TO LIFT STAY

Motion re: (name extension) - Motion re: PLAINTIFFS NOTICE OF MOTION AND MOTION TO LIFT STAY AS A RESULT OF DEFENDANTS FAILURE TO PAY REQUIRED ARBITRATION FEES

2/11/2021: Motion re: (name extension) - Motion re: PLAINTIFFS NOTICE OF MOTION AND MOTION TO LIFT STAY AS A RESULT OF DEFENDANTS FAILURE TO PAY REQUIRED ARBITRATION FEES

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

4/21/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Ruling

9/17/2020: Notice (name extension) - Notice of Ruling

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

8/18/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

8/24/2020: Answer - Answer

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

9/3/2020: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

Proof of Personal Service - Proof of Personal Service

3/24/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service - No Service - Proof of Service - No Service

3/24/2020: Proof of Service - No Service - Proof of Service - No Service

Proof of Personal Service - Proof of Personal Service

3/24/2020: Proof of Personal Service - Proof of Personal Service

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

3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF PETITION TO COMPEL ARBITRATION

2/19/2020: Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF PETITION TO COMPEL ARBITRATION

Motion re: (name extension) - Motion re: PLAINTIFFS MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, AND REQUEST FOR COSTS.

2/19/2020: Motion re: (name extension) - Motion re: PLAINTIFFS MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, AND REQUEST FOR COSTS.

Complaint - Complaint

2/3/2020: Complaint - Complaint

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

2/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

2/3/2020: First Amended Standing Order - First Amended Standing Order

11 More Documents Available

 

Docket Entries

  • 07/19/2021
  • Hearing07/19/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Order (name extension)

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  • 05/20/2021
  • DocketMinute Order (Post-Arbitration Status Conference;)

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  • 05/20/2021
  • DocketCertificate of Mailing for (Post-Arbitration Status Conference;) of 05/20/2021; Filed by: Clerk

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  • 05/20/2021
  • DocketPost-Arbitration Status Conference scheduled for 05/20/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 05/20/2021; Result Type to Held

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  • 04/21/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/21/2021
  • DocketReset - Court Unavailable, Post-Arbitration Status Conference scheduled for 04/22/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 05/20/2021 09:30 AM

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  • 04/01/2021
  • DocketDeclaration of James S. Sifers Regarding Arbitration Status Conference; Filed by: Planet Cars, Inc. (Defendant); Westlake Services, LLC (Defendant); International Fidelity Insurance Company (Defendant)

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  • 02/11/2021
  • DocketMotion re: PLAINTIFF?S NOTICE OF MOTION AND MOTION TO LIFT STAY AS A RESULT OF DEFENDANT?S FAILURE TO PAY REQUIRED ARBITRATION FEES; Filed by: Mary J Susmilch (Plaintiff); As to: Planet Cars, Inc. (Defendant); Westlake Services, LLC (Defendant)

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  • 02/11/2021
  • DocketDeclaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF THE PLAINTIFF?S MOTION TO LIFT STAY; Filed by: Mary J Susmilch (Plaintiff)

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  • 02/11/2021
  • DocketHearing on Motion for Order Motion to Lift Stay scheduled for 07/19/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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18 More Docket Entries
  • 02/19/2020
  • DocketDeclaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF PETITION TO COMPEL ARBITRATION; Filed by: Mary J Susmilch (Plaintiff)

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  • 02/19/2020
  • DocketMotion re: PLAINTIFF?S MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, AND REQUEST FOR COSTS. Filed by: Mary J Susmilch (Plaintiff); As to: Planet Cars, Inc. (Defendant); Westlake Services, LLC (Defendant)

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  • 02/04/2020
  • DocketNon-Jury Trial scheduled for 08/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/04/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/06/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 02/04/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 02/03/2020
  • DocketComplaint; Filed by: Mary J Susmilch (Plaintiff); As to: Planet Cars, Inc. (Defendant); Westlake Services, LLC (Defendant); International Fidelity Insurance Company (Defendant)

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  • 02/03/2020
  • DocketCivil Case Cover Sheet; Filed by: Mary J Susmilch (Plaintiff); As to: Planet Cars, Inc. (Defendant); Westlake Services, LLC (Defendant); International Fidelity Insurance Company (Defendant)

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  • 02/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Mary J Susmilch (Plaintiff); As to: Planet Cars, Inc. (Defendant); Westlake Services, LLC (Defendant); International Fidelity Insurance Company (Defendant)

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  • 02/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/03/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC01077    Hearing Date: September 03, 2020    Dept: 26

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Mary J. Susmilch’s Motion to Compel Arbitration is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND RESPONDENTS PLANET CARS, INC. DBA CASH OR FINANCE AUTO AND WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES ARE TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE.

ANALYSIS:

On February 3, 2020, Plaintiff Mary J. Susmilch (“Plaintiff”) filed this action against Planet Cars, Inc. dba Cash or Finance Auto (“Dealer”), Westlake Services, LLC dba Westlake Financial Services (“Holder”) (collectively, “Respondents”) and International Fidelity Insurance Company (“International Fidelity”). On February 19, 2020, Plaintiff filed the instant Motion to Compel Arbitration. Respondents filed a limited opposition on August 21, 2020.

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

Plaintiff brings the instant Motion seeking to compel Respondents to submit to arbitration based on a Retail Installment Sale Contract to purchase a car (the “Contract”). (Motion, Heydari Decl., Exh. 1.) Both Plaintiff and Dealer are parties to the Contract, and Holder is alleged to have been assigned the contract. (See Compl., ¶¶37-38.) Plaintiff provides evidence of the existence of the arbitration agreement in the sales contract. (Motion, Heydari Decl., Exh. 1, p. 4.) Plaintiff further demonstrates that she made payments to Holder on the Contract and that the demand to Holder to arbitrate the dispute was ignored. (Id. at ¶¶4-9 and Exhs. 2, 4.) This demonstrates that the Court’s intervention is needed to compel the parties to arbitration. Accordingly, Plaintiff has demonstrated the existence of an arbitration agreement and the Court finds there is no defense to its enforcement.

In its limited opposition, Respondents agree to arbitration before AAA and to pay the fees necessary to reinstate arbitration before AAA. Respondents only oppose the request for costs in the Motion to Compel Arbitration. The Court finds there is no proper request for costs in the Motion. No amount of costs is specified or demonstrated by competent evidence. (Motion, p. 7:21-28; Heyari Decl.) Therefore, the request for costs is denied.

Conclusion

Plaintiff Mary J. Susmilch’s Motion to Compel Arbitration is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND RESPONDENTS PLANET CARS, INC. DBA CASH OR FINANCE AUTO AND WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES ARE TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE.Moving party to give notice.

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