Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 02/26/2021 at 00:00:54 (UTC).

PENGHAK NGE VS CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), ET AL.

Case Summary

On 09/17/2020 PENGHAK NGE filed a Contract - Other Contract lawsuit against CALIFORNIA INSURANCE GUARANTEE ASSOCIATION CIGA . 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 Documents Dockets

 

Case Details

  • Case Number:

    *******7872

  • Filing Date:

    09/17/2020

  • 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

NGE PENGHAK

Defendants

HUANG VICTOR

CALIFORNIA INSURANCE GUARANTEE ASSOCIATION CIGA

Attorney/Law Firm Details

Plaintiff Attorney

PONCE MICHAEL

Defendant Attorney

HALL FREDERICK GUY

 

Court Documents

Amended Complaint - Amended Complaint (1st)

2/16/2021: Amended Complaint - Amended Complaint (1st)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/22/2021

2/22/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/22/2021

Notice of Ruling - Notice of Ruling

2/22/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

2/22/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

2/22/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

11/23/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Declaration (name extension) - Declaration OF FREDERICK G. HALL IN SUPPORT OF CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONS DEMURER RE MEET AND CONFER PER CCP SECTION 430.41

11/23/2020: Declaration (name extension) - Declaration OF FREDERICK G. HALL IN SUPPORT OF CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONS DEMURER RE MEET AND CONFER PER CCP SECTION 430.41

Notice of Motion - Notice of Motion

11/23/2020: Notice of Motion - Notice of Motion

Complaint - Complaint

9/17/2020: Complaint - Complaint

Summons - Summons on Complaint

9/17/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

9/17/2020: First Amended Standing Order - First Amended Standing Order

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

9/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 02/23/2021
  • DocketAddress for Frederick Guy Hall (Attorney) updated

    Read MoreRead Less
  • 02/22/2021
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Frederick Guy Hall (Attorney)

    Read MoreRead Less
  • 02/22/2021
  • DocketNotice of Ruling; Filed by: California Insurance Guarantee Association (CIGA) (Defendant)

    Read MoreRead Less
  • 02/22/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

    Read MoreRead Less
  • 02/22/2021
  • DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/22/2021; Filed by: Clerk

    Read MoreRead Less
  • 02/22/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 02/22/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/22/2021; Result Type to Held

    Read MoreRead Less
  • 02/22/2021
  • DocketNon-Jury Trial scheduled for 03/17/2022 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/22/2021; Result Type to Not Held - Vacated by Court

    Read MoreRead Less
  • 02/22/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/21/2023 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/22/2021; Result Type to Not Held - Vacated by Court

    Read MoreRead Less
  • 02/16/2021
  • DocketAmended Complaint (1st); Filed by: Penghak Nge (Plaintiff); As to: California Insurance Guarantee Association (CIGA) (Defendant)

    Read MoreRead Less
  • 11/23/2020
  • DocketDeclaration OF FREDERICK G. HALL IN SUPPORT OF CALIFORNIA INSURANCE GUARANTEE ASSOCIATION?S DEMURER RE MEET AND CONFER PER CCP SECTION 430.41; Filed by: California Insurance Guarantee Association (CIGA) (Defendant)

    Read MoreRead Less
1 More Docket Entries
  • 11/23/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 02/22/2021 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 11/23/2020
  • DocketDemurrer - without Motion to Strike; Filed by: California Insurance Guarantee Association (CIGA) (Defendant)

    Read MoreRead Less
  • 09/17/2020
  • DocketNon-Jury Trial scheduled for 03/17/2022 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 09/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/21/2023 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 09/17/2020
  • DocketComplaint; Filed by: Penghak Nge (Plaintiff); As to: California Insurance Guarantee Association (CIGA) (Defendant); Victor Huang (Defendant)

    Read MoreRead Less
  • 09/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Penghak Nge (Plaintiff); As to: California Insurance Guarantee Association (CIGA) (Defendant); Victor Huang (Defendant)

    Read MoreRead Less
  • 09/17/2020
  • DocketSummons on Complaint; Issued and Filed by: Penghak Nge (Plaintiff); As to: California Insurance Guarantee Association (CIGA) (Defendant); Victor Huang (Defendant)

    Read MoreRead Less
  • 09/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 09/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less
  • 09/17/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC07872    Hearing Date: February 22, 2021    Dept: 25


Case Number: 20STLC08064    Hearing Date: February 22, 2021    Dept: 25

HEARING DATE: Mon., February 22, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Serrano v. Rojas, et al. COMPL. FILED: 09-24-20

CASE NUMBER: 20STLC08064 DISC. C/O: 02-22-22

NOTICE: NO (as to ¿ Rojas”) DISC. MOT. C/O: 03-09-22

TRIAL DATE: 03-24-22

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

MOVING PARTY: Plaintiff Jeovanni M. Serrano

RESP. PARTY: None

MOTION TO COMPEL ARBITRATION

(CCP § 1281.2, et seq.)

TENTATIVE RULING:

Plaintiff Jeovanni M. Serrano’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and Request for Costs is CONTINUED TO APRIL 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of February 17, 2021 [ ] Late [X] None

REPLY: None filed as of February 17, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 24, 2020, Plaintiff Jeovanni M. Serrano (“Plaintiff”) filed an action against Defendants Rigoberto Varela Rojas dba RV Auto Sales (“Rojas”), Westlake Services, LLC dba Westlake Financial Services (“Westlake”), and Husdon Insurance Company (“Hudson”) (collectively, “Defendants”).

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 October 9, 2020.

Defendant Hudson filed an Answer on November 20, 2020. To date, no opposition to the Motion has been 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

With this Motion, Plaintiff seeks to compel Defendants Rojas and Westlake to submit their controversy to arbitration. (Mot., pp. 1-2.) The Court notes that on December 11, 2020, Plaintiff filed a Non-Service Report stating that Defendant Rojas was unable to be served. (12/11/20 Non-Service Report.) Because Defendant Rojas has not yet been served with this action or with the instant Motion, the Court has no jurisdiction over him. Plaintiff must file a proof of service demonstrating Defendant Rojas was properly served with the Summons and Complaint and with this Motion before the Court can issue a ruling.

Plaintiff also requests costs associated with filing this Motion. (Mot., p. 7:8-20.) “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 Jeovanni M. Serrano’s Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and Request for Costs is CONTINUED TO APRIL 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff must file supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where CALIFORNIA INSURANCE GUARANTEE ASSOCIATION is a litigant

Latest cases represented by Lawyer PONCE MICHAEL