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This case was last updated from Los Angeles County Superior Courts on 03/12/2021 at 00:34:05 (UTC).

PATRICIA QUINTERO VS HAWTHORNE AUTO MARKET, ET AL.

Case Summary

On 09/11/2020 PATRICIA QUINTERO filed a Contract - Other Contract lawsuit against HAWTHORNE AUTO MARKET. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Dockets

 

Case Details

  • Case Number:

    *******7718

  • Filing Date:

    09/11/2020

  • 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

JAMES E. BLANCARTE

 

Party Details

Plaintiff

QUINTERO PATRICIA

Defendants

SURETY

HAWTHORNE AUTO MARKET DBA HAWTHORNE MOTORS EXPRESS

MECHANICS BANK SUCCESSOR BY MERGER WITH CALIFORNIA REPUBLIC BANK

AMERICAN SAFETY CASUALTY INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

Defendant Attorneys

GASCOU CHRISTIAN JEAN

SMITH JAY

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 09/15/2023
  • Hearing09/15/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/11/2022
  • Hearing03/11/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/01/2022
  • Hearing02/01/2022 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 05/13/2021
  • Hearing05/13/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 03/10/2021
  • DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 05/13/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 03/10/2021
  • DocketPost-Arbitration Status Conference scheduled for 02/01/2022 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 03/10/2021
  • DocketThe case is placed in special status of: Stay - Not Entire Action/Case

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  • 03/10/2021
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

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  • 03/10/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 03/10/2021; Filed by: Clerk

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  • 03/10/2021
  • DocketOn the Court's own motion, Hearing on Motion to Compel Motion to Compel Arbitration scheduled for 03/10/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/13/2021 10:30 AM

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10 More Docket Entries
  • 09/21/2020
  • DocketAddress for Kasra Sadr (Attorney) updated

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  • 09/21/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by: Patricia Quintero (Plaintiff); As to: AMERICAN SAFETY CASUALTY INSURANCE COMPANY (Defendant)

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  • 09/11/2020
  • DocketNon-Jury Trial scheduled for 03/11/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/11/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/15/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 09/11/2020
  • DocketComplaint; Filed by: Patricia Quintero (Plaintiff); As to: Hawthorne Auto Market (Defendant); Mechanics Bank successor by Merger with California Republic Bank (Defendant); Surety (Defendant)

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  • 09/11/2020
  • DocketCivil Case Cover Sheet; Filed by: Patricia Quintero (Plaintiff); As to: Hawthorne Auto Market (Defendant); Mechanics Bank successor by Merger with California Republic Bank (Defendant); Surety (Defendant)

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  • 09/11/2020
  • DocketSummons on Complaint; Issued and Filed by: Patricia Quintero (Plaintiff); As to: Hawthorne Auto Market (Defendant); Mechanics Bank successor by Merger with California Republic Bank (Defendant); Surety (Defendant)

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  • 09/11/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/11/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/11/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC07718    Hearing Date: March 10, 2021    Dept: 25

HEARING DATE: Wed., March 10, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Quintero v. Hawthorne Auto Market, et al. COMP. FILED: 09-11-20

CASE NUMBER: 20STLC07718 DISC. C/O: 02-09-22

NOTICE: OK DISC. MOT. C/O: 02-24-22

TRIAL DATE: 03-11-22

PROCEEDINGS: MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, AND REQUEST FOR COSTS

MOVING PARTY: Plaintiff Patricia Quintero

RESP. PARTY: None

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Plaintiff Patricia Quintero’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, and Request for Stay is GRANTED as to Defendants Hawthorne Auto Market dba Hawthorne Motors Express and Mechanics Bank Successor by Merger with California Republic Bank. The matter is STAYED and is to be arbitrated before the AAA. In addition, Defendant Mechanics Bank is ordered to reinstate its good standing status with the AAA.

However, Plaintiff’s request for costs is CONTINUED TO MAY 13, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s counsel must file and serve a supplemental declaration regarding the costs sought. Failure to do so may result in the request for costs being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 8, 2021 [ ] Late [X] None

REPLY: None filed as of March 8, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 11, 2020, Plaintiff Patricia Quintero (“Plaintiff”) filed this action against Hawthorne Auto Market dba Hawthorne Motors Express (“Hawthorne”), Mechanics Bank, Successor by Merger with California Republic Bank (“Mechanic’s Bank”), and Surety. Plaintiff filed a doe amendment to the Complaint, substituting American Safety Casualty Insurance Company for Doe 1 on September 21, 2020.

Plaintiff filed the instant Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, and Request for Costs (the “Motion”) on September 23, 2020.

Defendant Hudson Insurance Company, erroneously sued as American Safety Casualty Insurance Company (“Hudson”) filed an Answer on October 27, 2020 and Defendant Hawthorne filed its Answer on December 16, 2020. Defendant Mechanics Bank has not yet filed an Answer.

No oppositions to the Motion were filed.

  1. 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 to the agreement refuses to arbitrate that 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 rescission of the agreement.” (Code Civ. Proc., §§ 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 Code Civ. Proc., § 1281.4.)

  1. Discussion

Plaintiff brings this Motion seeking to compel Defendants Hawthorne and Mechanics Bank to submit to arbitration based on the provisions of the parties’ contract. (Mot., pp. 1-2.)

Plaintiff purchased a vehicle from Defendant Hawthorne pursuant to a written Retail Installment Sale Contract (the “RISC”). (Mot., p. 3:5-8.) The RISC was later assigned to Defendant Mechanics Bank. (Id.) As to any holder, the RISC provides:

“NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF.”

(Id., Heydari Decl., ¶ 3, Exh. 1.)

The RISC also contains an arbitration provision, which states, in pertinent part:

“EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN YOU AND US DECIDED BY ARBITRATION, AND NOT BY A COURT OR BY JURY TRIAL…Any dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the claim or dispute), between you and us, our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship…shall at your or our election be resolved by neutral binding arbitration and not by court action…”

(Id.) The RISC further provides that parties may choose the American Arbitration Association (the “AAA”) or any other organization to conduct the arbitration subject to the holder’s approval. (Id.)

Plaintiff’s Complaint arises from the condition of the vehicle (Compl., ¶¶ 16-39), so it is subject to arbitration. Plaintiff’s counsel provides evidence that, on January 8, 2020, her office sent Defendant Hawthorne and Defendant Mechanics Bank a letter regarding the action, which included a demand to arbitrate the matter should they not settle within thirty days. (Mot., Heydari Decl., ¶ 4, Exh. 2.) Thus, the Court finds Plaintiff demonstrated the existence of a valid arbitration agreement. Notably, neither Defendant Hawthorne nor Defendant Mechanics Bank has filed an opposition to this Motion demonstrating a defense to its enforcement exists.

Plaintiff did not receive an agreement to arbitrate from Defendants. (Id. at ¶ 6.) On or around April 20, 2020, Plaintiff’s office filed for arbitration of this matter with AAA. (Id. at ¶ 7.) Plaintiff’s counsel also provides evidence that on or around August 5, 2020, her office received a letter from the AAA indicating that, due to Defendant Mechanic Bank’s failure to comply with AAA’s policies, AAA closed its file. (Id. at ¶ 8, Exh. 3.) Plaintiff argues, however, that AAA agrees to re-open matters as long as the business complies with its policies and pays any required fees. (Mot., p. 6:4-17.) Defendant Mechanics Bank is ordered to comply with AAA’s policies and requirements so that this matter may be reinstated and arbitrated by the AAA.

Plaintiff also seeks costs as a result of unnecessarily having to bring this Motion due to Defendants’ refusal to arbitrate the matter. (Mot., p. 7:6-20.) “The court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code.” (Code Civ. Proc., § 1293.2.) “A petition to compel arbitration under section 1281.2 is a judicial proceeding covered by this provision.” (Otay River Constructors v. San Diego Expressway (2008) 158 Cal.App.4th 796, 805.)

However, Plaintiff’s Motion does not specify the amount of costs sought. Thus, Plaintiff’s counsel is ordered to file and serve a supplemental declaration detailing the costs incurred in this filing this Motion.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Patricia Quintero’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, and Request for Stay is GRANTED as to Defendants Hawthorne Auto Market dba Hawthorne Motors Express and Mechanics Bank Successor by Merger with California Republic Bank. The matter is STAYED and is to be arbitrated before the AAA. In addition, Defendant Mechanics Bank is ordered to reinstate its good standing status with the AAA.

However, Plaintiff’s request for costs is CONTINUED TO MAY 13, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s counsel must file and serve a supplemental declaration regarding the costs sought. Failure to do so may result in the request for costs being placed off calendar or denied.

Moving party is ordered to give notice.

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