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.
*******1077
02/03/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
SUSMILCH MARY J
INTERNATIONAL FIDELITY INSURANCE COMPANY
WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES
PLANET CARS INC. DBA CASH OR FINANCE AUTO
SADR KASRA
FIROUZNAM-HEIDARI JENOS
9/17/2020: Notice (name extension) - Notice of Ruling
8/18/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
8/21/2020: Opposition (name extension) - Opposition Defendants Opposition to Plaintiff's Motion to Compel Arbitration
8/24/2020: Answer - Answer
9/3/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 09/03/2020
9/3/2020: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Arbitration)
3/24/2020: Proof of Personal Service - Proof of Personal Service
3/24/2020: Proof of Service - No Service - Proof of Service - No Service
3/24/2020: Proof of Personal Service - Proof of Personal Service
3/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
2/19/2020: Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF PETITION TO COMPEL ARBITRATION
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.
2/3/2020: Summons - Summons on Complaint
2/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
2/3/2020: Complaint - Complaint
2/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
2/3/2020: First Amended Standing Order - First Amended Standing Order
Hearing04/22/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference
DocketNotice of Ruling; Filed by: Mary J Susmilch (Plaintiff); As to: Planet Cars, Inc. (Defendant); Westlake Services, LLC (Defendant)
DocketUpdated -- Motion 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); Result: Granted; Result Date: 09/03/2020
DocketPost-Arbitration Status Conference scheduled for 04/22/2021 at 09:30 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)
DocketCertificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 09/03/2020; Filed by: Clerk
DocketThe case is placed in special status of: Stay - Binding Arbitration
DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 09/03/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/03/2020; Result Type to Held - Motion Granted
DocketNon-Jury Trial scheduled for 08/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/02/2021
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 Not Held - Vacated by Court on 02/06/2023
DocketDeclaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF PETITION TO COMPEL ARBITRATION; Filed by: Mary J Susmilch (Plaintiff)
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)
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
DocketNon-Jury Trial scheduled for 08/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
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)
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)
DocketComplaint; Filed by: Mary J Susmilch (Plaintiff); As to: Planet Cars, Inc. (Defendant); Westlake Services, LLC (Defendant); International Fidelity Insurance Company (Defendant)
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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