This case was last updated from Los Angeles County Superior Courts on 11/21/2020 at 05:38:59 (UTC).

MUTUAL PROTECTION TRUST VS BETH MELIN-PEREL, M.D., ET AL.

Case Summary

On 07/16/2020 MUTUAL PROTECTION TRUST filed an Other - Arbitration lawsuit against BETH MELIN-PEREL, M D . 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:

    *******2276

  • Filing Date:

    07/16/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

MUTUAL PROTECTION TRUST

Respondents

PEDIATRIC AFFILIATES MEDICAL GROUP INC

MELIN-PEREL M.D. BETH

Attorney/Law Firm Details

Petitioner Attorney

WOLLITZ HOWARD

 

Court Documents

Minute Order - Minute Order (Hearing on Petition For Order Compelling Arbitration)

11/19/2020: Minute Order - Minute Order (Hearing on Petition For Order Compelling Arbitration)

Proof of Personal Service - Proof of Personal Service

7/30/2020: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

7/16/2020: First Amended Standing Order - First Amended Standing Order

Petition (name extension) - Petition For Order Compelling Arbitration

7/16/2020: Petition (name extension) - Petition For Order Compelling Arbitration

Civil Case Cover Sheet - Civil Case Cover Sheet

7/16/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Petition

7/16/2020: Summons - Summons on Petition

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

7/16/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

7/16/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 11/19/2020
  • DocketMinute Order (Hearing on Petition For Order Compelling Arbitration)

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  • 11/19/2020
  • DocketHearing on Petition For Order Compelling Arbitration scheduled for 11/19/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 11/19/2020; Result Type to Held

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  • 07/30/2020
  • DocketProof of Personal Service; Filed by: MUTUAL PROTECTION TRUST (Petitioner); Service Cost Waived: No

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  • 07/16/2020
  • DocketPetition For Order Compelling Arbitration; Filed by: MUTUAL PROTECTION TRUST (Petitioner); As to: BETH MELIN-PEREL, M.D. (Respondent); PEDIATRIC AFFILIATES MEDICAL GROUP, INC (Respondent)

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  • 07/16/2020
  • DocketCivil Case Cover Sheet; Filed by: MUTUAL PROTECTION TRUST (Petitioner); As to: BETH MELIN-PEREL, M.D. (Respondent); PEDIATRIC AFFILIATES MEDICAL GROUP, INC (Respondent)

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  • 07/16/2020
  • DocketSummons on Petition; Issued and Filed by: MUTUAL PROTECTION TRUST (Petitioner); As to: BETH MELIN-PEREL, M.D. (Respondent); PEDIATRIC AFFILIATES MEDICAL GROUP, INC (Respondent)

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  • 07/16/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/16/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/16/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/16/2020
  • DocketHearing on Petition For Order Compelling Arbitration scheduled for 11/19/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 07/16/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02276    Hearing Date: November 19, 2020    Dept: 26

Mutual Protection Trust v. Melin-Perel, M.D., et al.

PETITION TO COMPEL ARBITRATION 

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Petitioner Mutual Protection Trust’s Petition to Compel Arbitration is GRANTED. THE ACTION IS STAYED PENDING RESOLUTION OF THE ARBITRATION.

ORDER TO SHOW CASE RE STATUS OF ARBITRATION SET FOR MAY 20, 2021 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Petitioner Mutual Protection Trust (“Petitioner”) filed the instant Petition to Compel Arbitration (“the Petition”) against Respondent Beth Melin-Perel, M.D. on July 16, 2020. To date, no opposition has been filed.

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

Petitioner brings the instant Petition seeking to compel Respondent to submit to arbitration based on the parties’ professional liability protection agreement (“the MPT Agreement”). Petitioner contends that the parties dispute whether Respondent must be repaid the Initial Trust Deposit (“the Deposit”) of $5,000.00. (Pet., Shin Decl., ¶¶1-5.) Under the MPT Agreement, disputes about the Deposit must be arbitrated. (Pet., Shin Decl., Exh. 2 at ¶8 and Exh. 1 at §6.) Both parties are signatories to the MPT Agreement and are bound by its terms. (Pet., Shin Decl., Exh. 2 at MPT 0065.)

Based on this evidence, Petitioner has carried its burden to demonstrate the existence of an arbitration agreement between the parties with respect to the claims that are in dispute. The burden now shifts to Respondent to prove any facts necessary to defense to enforcement of the arbitration agreement by a preponderance of the evidence. As Respondent has not filed an opposition to this Petition, the Court finds there is no defense to the arbitration agreement.

Conclusion

Petitioner Mutual Protection Trust’s Petition to Compel Arbitration is GRANTED. THE ACTION IS STAYED PENDING RESOLUTION OF THE ARBITRATION.

ORDER TO SHOW CASE RE STATUS OF ARBITRATION SET FOR MAY 20, 2021 AT 8:30 AM IN DEPARTMENT 26.

Moving party is to give notice.