This case was last updated from Los Angeles County Superior Courts on 10/20/2021 at 06:15:52 (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

  • 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 Attorneys

SADR KASRA ESQ.

SADR KASRA

Defendant Attorneys

FIROUZNAM-HEIDARI JENOS

PARVANEH ALI ESQ.

 

Court Documents

Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF THE PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT

9/15/2021: Declaration (name extension) - Declaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF THE PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT

Motion for Leave to Amend (name extension) - Motion for Leave to Amend 1. NOTICE OF MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES TO ALLOW FILING OF FIRST AMENDED COMPLAINT OF MARY J SUSMILCH; MEMOR

9/15/2021: Motion for Leave to Amend (name extension) - Motion for Leave to Amend 1. NOTICE OF MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES TO ALLOW FILING OF FIRST AMENDED COMPLAINT OF MARY J SUSMILCH; MEMOR

Minute Order - Minute Order (Hearing on Motion for Order Lifting Arbitration Stay as a R...)

8/30/2021: Minute Order - Minute Order (Hearing on Motion for Order Lifting Arbitration Stay as a R...)

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

8/12/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice (name extension) - Notice of Hearing

7/21/2021: Notice (name extension) - Notice of Hearing

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

7/19/2021: Minute Order - Minute Order (Hearing on Motion for Order Motion to Lift Stay)

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

Declaration (name extension) - Declaration of James S. Sifers Regarding Arbitration Status Conference

4/1/2021: Declaration (name extension) - Declaration of James S. Sifers Regarding Arbitration Status Conference

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

Opposition (name extension) - Opposition Defendants Opposition to Plaintiff's Motion to Compel Arbitration

8/21/2020: Opposition (name extension) - Opposition Defendants Opposition to Plaintiff's Motion to Compel Arbitration

Answer - Answer

8/24/2020: Answer - Answer

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 09/03/2020

9/3/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 09/03/2020

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)

17 More Documents Available

 

Docket Entries

  • 02/02/2022
  • Hearing02/02/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/21/2021
  • Hearing12/21/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Leave to Amend (name extension)

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  • 09/16/2021
  • DocketHearing on Motion for Leave to Amend Plaintiff's Motion for Leave to Allow Filing of First Amended Complaint scheduled for 12/21/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 09/15/2021
  • DocketMotion for Leave to Amend 1. NOTICE OF MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES TO ALLOW FILING OF FIRST AMENDED COMPLAINT OF MARY J SUSMILCH; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF NIMA HEYDARI; Filed by: Mary J Susmilch (Plaintiff)

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  • 09/15/2021
  • DocketDeclaration DECLARATION OF NIMA HEYDARI IN SUPPORT OF THE PLAINTIFFS MOTION FOR LEAVE TO AMEND THE COMPLAINT; Filed by: Mary J Susmilch (Plaintiff)

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  • 08/30/2021
  • DocketUpdated -- Motion for Order Lifting Arbitration Stay as a Result of Defendant's Failure to Pay Required Arbitration Fees; and to Allow Plaintiff to Proceed Against the Defendants: Filed By: Mary J Susmilch (Plaintiff); Result: Granted; Result Date: 08/30/2021

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  • 08/30/2021
  • DocketNon-Jury Trial scheduled for 02/02/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/30/2021
  • DocketMinute Order (Hearing on Motion for Order Lifting Arbitration Stay as a R...)

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  • 08/30/2021
  • DocketHearing on Motion for Order Lifting Arbitration Stay as a Result of Defendant's Failure to Pay Required Arbitration Fees; and to Allow Plaintiff to Proceed Against the Defendants scheduled for 08/30/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/30/2021; Result Type to Held - Motion Granted

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  • 08/27/2021
  • DocketUpdated -- Motion for Order Lifting Arbitration Stay as a Result of Defendant's Failure to Pay Required Arbitration Fees; and to Allow Plaintiff to Proceed Against the Defendants: Name Extension changed from PLAINTIFF?S NOTICE OF MOTION AND MOTION TO LIFT STAY AS A RESULT OF DEFENDANT?S FAILURE TO PAY REQUIRED ARBITRATION FEES to Lifting Arbitration Stay as a Result of Defendant's Failure to Pay Required Arbitration Fees; and to Allow Plaintiff to Proceed Against the Defendants; Document changed from Motion re: (name extension) to Motion for Order (name extension); As To Parties changed from Westlake Services, LLC (Defendant), Planet Cars, Inc. (Defendant) to Planet Cars, Inc. (Defendant), Westlake Services, LLC (Defendant)

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37 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

b'

Case Number: 20STLC01077 Hearing Date: August 30, 2021 Dept: 26

Susmilch v. Planet Cars, Inc., et al 20STLC01077

MOTION TO LIFT\r\nSTAY AND REOPEN CASE

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(9 U.S.C. § 3)

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TENTATIVE RULING:

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Plaintiff Mary J. Susmilch’s Motion to Lift Stay and Reopen\r\nCase is GRANTED.

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TRIAL IS SET FOR February 2, 2022 AT 8:30 AM IN DEPARTMENT\r\n26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

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On February 3, 2020, Plaintiff Mary J. Susmilch\r\n(“Plaintiff”) filed this action against Planet\r\nCars, Inc. dba Cash or Finance Auto (“Dealer”), Westlake Services, LLC dba\r\nWestlake Financial Services (“Holder”) and International Fidelity Insurance\r\nCompany (“International Fidelity” or “Surety”). On September 3, 2020, the Court\r\ngranted Plaintiff’s Motion to Compel Arbitration and Request for Stay. The\r\nCourt ordered Dealer and Holder to pay the necessary fees to reinstate the\r\nmatter to arbitration and set a Post-Arbitration Status Conference. (Minute Order, 09/03/20, p. 2.)

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On February 11,\r\n2021, Plaintiff filed the instant Motion to Lift Stay and Reopen Case. The\r\nMotion initially came for hearing on June 19, 2021, at which time Plaintiff did\r\nnot appear, but Defendant did and made oral argument. (Minute Order, 07/19/21.)\r\nThe Court continued the hearing to August 30, 2021.

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To date, no\r\nadditional papers or opposition has been filed.

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Discussion

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Arbitration under\r\nthe parties’ agreement is to be conducted pursuant to the Federal Arbitration\r\nAct, set forth at 9 U.S.C. section 1, et. seq. (Motion, Heydari Decl., Exh. 1,\r\np. 4.) Under section 3 of the Federal Arbitration Act, an action referring the\r\nparties to arbitration may be stayed so long as no party is in default. (9\r\nU.S.C., § 3.) However, Dealer and Holder are now in default with respect to the\r\narbitration proceedings. Despite the Court’s September 3, 2020 order that\r\nDealer and Holder pay the necessary fees to reinstate the arbitration with the\r\nAmerican Arbitration Association (“the AAA”), they have yet to do so. (Motion,\r\nHeydari Decl., ¶¶3-8 and Exhs. 2-3.) On January 29, 2021, the AAA sent notice\r\nthat it was closing the case due to non-payment of fees. (Id. at ¶9 and\r\nExh. 4.)

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Based on Dealer and\r\nHolder’s default with respect to the arbitration proceeding, the Court finds it\r\nappropriate to reinstate this action and allow it to proceed to trial.

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Conclusion

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Plaintiff Mary J. Susmilch’s Motion to Lift Stay and Reopen\r\nCase is GRANTED.

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TRIAL IS SET FOR February 2, 2022 AT 8:30 AM IN DEPARTMENT\r\n26 IN THE SPRING STREET COURTHOUSE.

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Moving party to give notice.

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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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