This case was last updated from Los Angeles County Superior Courts on 09/19/2020 at 01:18:26 (UTC).

PABLO FANCISCO CHICA ZUNIGA VS SOCAL CARS, INC, ET AL.

Case Summary

On 04/09/2020 PABLO FANCISCO CHICA ZUNIGA filed a Contract - Other Contract lawsuit against SOCAL 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:

    *******3219

  • Filing Date:

    04/09/2020

  • 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

CHICA ZUNIGA PABLO FANCISCO

Defendants

GREAT AMERICAN INSURANCE COMPANY

SOCAL CARS INC

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

Defendant Attorney

OBEID ADAM

 

Court Documents

Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Petition to Compel Arbitration

9/16/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Petition to Compel Arbitration

Motion to Compel Arbitration - Motion to Compel Arbitration

9/16/2020: Motion to Compel Arbitration - Motion to Compel Arbitration

Minute Order - Minute Order (Hearing on Motion to Compel Arbitration etition for Court to ...)

9/17/2020: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration etition for Court to ...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Arbitration etition for Court to ...) of 09/17/2020

9/17/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Arbitration etition for Court to ...) of 09/17/2020

Proof of Personal Service - Proof of Personal Service

5/20/2020: Proof of Personal Service - Proof of Personal Service

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

5/20/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Proof of Personal Service - Proof of Personal Service

5/20/2020: Proof of Personal Service - Proof of Personal Service

Motion to Compel Arbitration - Motion to Compel Please file and conform the attached Plaintiff's Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and Requ

5/29/2020: Motion to Compel Arbitration - Motion to Compel Please file and conform the attached Plaintiff's Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and Requ

Declaration (name extension) - Declaration Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration

5/29/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration

Answer - Answer

6/2/2020: Answer - Answer

Minute Order - Minute Order (Court Order)

6/2/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/02/2020

6/2/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/02/2020

Summons - Summons on Complaint

4/9/2020: Summons - Summons on Complaint

Complaint - Complaint

4/9/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/9/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

4/9/2020: First Amended Standing Order - First Amended Standing Order

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

4/9/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 04/13/2023
  • Hearing04/13/2023 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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  • 10/07/2021
  • Hearing10/07/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/16/2021
  • Hearing03/16/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 09/17/2020
  • DocketUpdated -- Motion to Compel Arbitration: Filed By: Pablo Fancisco Chica Zuniga (Plaintiff); Result: Denied; Result Date: 09/17/2020

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  • 09/17/2020
  • DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 03/16/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 09/17/2020
  • DocketMinute Order (Hearing on Motion to Compel Arbitration etition for Court to ...)

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  • 09/17/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Arbitration etition for Court to ...) of 09/17/2020; Filed by: Clerk

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  • 09/17/2020
  • DocketHearing on Motion to Compel Arbitration etition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs scheduled for 09/17/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/17/2020; Result Type to Held - Motion Denied

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  • 09/16/2020
  • DocketMotion to Compel Arbitration; Filed by: Pablo Fancisco Chica Zuniga (Plaintiff); As to: Socal Cars, Inc (Defendant); Westlake Services, LLC (Defendant)

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  • 09/16/2020
  • DocketDeclaration Declaration of Nima Heydari in Support of Petition to Compel Arbitration; Filed by: Pablo Fancisco Chica Zuniga (Plaintiff)

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8 More Docket Entries
  • 05/20/2020
  • DocketProof of Personal Service; Filed by: Pablo Fancisco Chica Zuniga (Plaintiff); As to: Great American Insurance Company (Defendant); Service Date: 04/30/2020; Service Cost: 40.00; Service Cost Waived: No

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  • 05/20/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Pablo Fancisco Chica Zuniga (Plaintiff); As to: Socal Cars, Inc (Defendant); Mailing Date: 04/30/2020; Service Cost: 109.25; Cost Waived: No

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  • 04/09/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/09/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/09/2020
  • DocketSummons on Complaint; Issued and Filed by: Pablo Fancisco Chica Zuniga (Plaintiff); As to: Socal Cars, Inc (Defendant); Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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  • 04/09/2020
  • DocketCivil Case Cover Sheet; Filed by: Pablo Fancisco Chica Zuniga (Plaintiff); As to: Socal Cars, Inc (Defendant); Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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  • 04/09/2020
  • DocketComplaint; Filed by: Pablo Fancisco Chica Zuniga (Plaintiff); As to: Socal Cars, Inc (Defendant); Westlake Services, LLC (Defendant); Great American Insurance Company (Defendant)

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  • 04/09/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/13/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/09/2020
  • DocketNon-Jury Trial scheduled for 10/07/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/09/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03219    Hearing Date: September 17, 2020    Dept: 26

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Pablo Francisco Chica Zuniga’s Motion to Compel Arbitration is DENIED WITHOUT PREJUDICE.

ANALYSIS:

On April 9, 2020, Plaintiff Pablo Francisco Chica Zuniga (“Plaintiff”) filed this action for violation of consumer rights and for unfair business practices against Defendants SoCal Cars, Inc. (“SoCal Cars”), Westlake Services, LLC dba Westlake Financial Services (“Westlake”) and Great American Insurance Company (“GAIC”) (collectively, “Defendants”). This action arises from a dispute over Plaintiff’s purchase of a used vehicle, specifically a 2010 Mercedes Benz. (Compl., ¶16.) According to Plaintiff, Westlake is the holder of the purchase contract, and GAIC is the surety of the purchase contract. (Id. at ¶¶6, 8.)

Plaintiff filed the instant Motion to Compel Arbitration on May 20, 2020. On June 2, 2020, the Court issued a minute order setting the hearing on the Motion for September 17, 2020. (Minute Order, 6/2/20.) Notice of the order was mailed by the clerk to Plaintiff’s counsel, with instruction to give notice to the other parties.

To date, however, no proof of service of the Motion itself nor of the Notice of Hearing have been filed with the Court. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Therefore, Plaintiff Pablo Francisco Chica Zuniga’s Motion to Compel Arbitration is DENIED WITHOUT PREJUDICE.

Court clerk to give notice.