On 03/23/2020 ROBERT HEROD 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 JAMES E. BLANCARTE. The case status is Pending - Other Pending.
*******2711
03/23/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
HEROD ROCHELLE L
HEROD ROBERT
INTERNATIONAL FIDELITY INSURANCE COMPANY
PLANET CARS INC. DBA CASH OR FINANCE AUTO
M&N FINANCING CORPORATION
SADR KASRA
FIROUZNAM-HEIDARI JENOS
10/22/2020: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Arbitration)
8/7/2020: Answer - Answer
8/12/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 08/12/2020
7/20/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
7/20/2020: Proof of Personal Service - Proof of Personal Service
7/20/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
7/7/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
7/2/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
6/25/2020: Opposition (name extension) - Opposition to Motion to Compel Arbitration
5/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
6/1/2020: Answer - Answer
4/2/2020: Declaration (name extension) - Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration
4/2/2020: Motion to Compel Arbitration - Motion to Compel Arbitration
3/23/2020: First Amended Standing Order - First Amended Standing Order
3/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
3/23/2020: Complaint - Complaint
3/23/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
3/23/2020: Summons - Summons on Complaint
Hearing03/27/2023 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
Hearing09/20/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)
DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 10/22/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/22/2020; Result Type to Held
DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)
DocketCertificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 08/12/2020; Filed by: Clerk
DocketOn the Court's own motion, Hearing on Motion to Compel Motion to Compel Arbitration scheduled for 08/12/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 10/22/2020 10:00 AM
DocketNotice of Continued Motion to Compel Arbitration Hearing; Filed by: Robert Herod (Plaintiff); As to: Planet Cars, Inc. (Defendant); M&N Financing Corporation (Defendant)
DocketAnswer; Filed by: International Fidelity Insurance Company (Defendant); As to: Robert Herod (Plaintiff); Rochelle L Herod (Plaintiff)
DocketProof of Personal Service; Filed by: Robert Herod (Plaintiff); Rochelle L Herod (Plaintiff); Service Date: 04/16/2020; Service Cost: 80.00; Service Cost Waived: No
DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 07/09/2020 at 10:30 AM in Spring Street Courthouse at Department 25
DocketMotion to Compel Arbitration; Filed by: Robert Herod (Plaintiff); Rochelle L Herod (Plaintiff); As to: Planet Cars, Inc. (Defendant); M&N Financing Corporation (Defendant)
DocketNon-Jury Trial scheduled for 09/20/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/27/2023 at 08:30 AM in Spring Street Courthouse at Department 25
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
DocketComplaint; Filed by: Robert Herod (Plaintiff); Rochelle L Herod (Plaintiff); As to: Planet Cars, Inc. (Defendant); M&N Financing Corporation (Defendant); International Fidelity Insurance Company (Defendant)
DocketSummons on Complaint; Issued and Filed by: Robert Herod (Plaintiff); Rochelle L Herod (Plaintiff); As to: Planet Cars, Inc. (Defendant); M&N Financing Corporation (Defendant); International Fidelity Insurance Company (Defendant)
DocketCivil Case Cover Sheet; Filed by: Robert Herod (Plaintiff); Rochelle L Herod (Plaintiff); As to: Planet Cars, Inc. (Defendant); M&N Financing Corporation (Defendant); International Fidelity Insurance Company (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 20STLC02711 Hearing Date: October 22, 2020 Dept: 25
HEARING DATE: Thu., October 22, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Herrod, et al. v. Planet Cars, Inc., et al. COMPL. FILED: 03-23-20
CASE NUMBER: 20STLC02711 DISC. C/O: 08-21-20
NOTICE: OK DISC. MOT. C/O: 09-05-21
TRIAL DATE: 09-20-21
PROCEEDINGS: MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, REQUEST FOR SANCTIONS, AND REQUEST FOR COSTS
MOVING PARTY: Plaintiffs Robert Herod and Rochelle Herod
RESP. PARTY: Defendant Planet Cars, Inc.
MOTION TO COMPEL ARBITRATION
(CCP § 1281.2 et seq.)
TENTATIVE RULING:
Plaintiffs Robert Herod and Rochelle Herod’s Motion to Compel Arbitration is PLACED OFF CALENDAR.
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: Filed on June 25, 2020 [ ] Late [ ] None
REPLY: None filed as of October 20, 2020 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On March 23, 2020, Plaintiffs Robert Herod and Rochelle Herod (“Plaintiffs”) filed a complaint for violation of the Consumers Legal Remedies Act, violation of California Business and Professions Code § 17200, negligent misrepresentation, claim against surety, and violation of Code of Civil Procedure sections 1281.97 and 1281.99 against Defendants Planet Cars, Inc. dba Cash or Finance Auto (“Planet Cars”), M&N Financing Corporation (“M&N”), and International Fidelity Insurance Company (“Fidelity”). Defendants Planet Cars and Fidelity filed their Answers on June 1, 2020 and August 27, 2020, respectively.
On April 2, 2020, Plaintiffs filed the instant Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, Request for Sanctions, and Request for Costs (the “Motion”). With this Motion, Plaintiffs seek to compel Defendant Planet Cars and M&N to submit to arbitration. Defendant Planet Cars filed a limited Opposition on June 1, 2020.
On July 7, 2020, the Court continued the matter to August 12, 2020 at 10:00 a.m. (7/7/20 Notice re Continuance of Hearing and Order.) At the initial August 12th hearing, the Court noted several errors on the proof of service for the Summons, Complaint, and this Motion as to Defendant M&N. (8/12/20 Minute Order.) Because proper service is the means by which a court obtains personal jurisdiction, the Court ordered Plaintiffs to file a corrected proof of service demonstrating Defendant M&N was properly served with this action. (Id.) The Court warned that failure to do so could result in the Motion being placed off calendar or denied. (Id.)
To date, Plaintiffs have not filed the corrected proof of service as requested. Thus, the Court is unable to determine whether it acquired jurisdiction over Defendant M&N. Accordingly, the Motion is PLACED OFF CALENDAR.
Conclusion & Order
For the foregoing reasons, Plaintiffs Robert Herod and Rochelle Herod’s Motion to Compel Arbitration is PLACED OFF CALENDAR.
Moving party is ordered to give notice.
Case Number: 20STLC02711 Hearing Date: October 21, 2020 Dept: 25
HEARING DATE: Thu., October 22, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Herrod, et al. v. Planet Cars, Inc., et al. COMPL. FILED: 03-23-20
CASE NUMBER: 20STLC02711 DISC. C/O: 08-21-20
NOTICE: OK DISC. MOT. C/O: 09-05-21
TRIAL DATE: 09-20-21
PROCEEDINGS: MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, REQUEST FOR SANCTIONS, AND REQUEST FOR COSTS
MOVING PARTY: Plaintiffs Robert Herod and Rochelle Herod
RESP. PARTY: Defendant Planet Cars, Inc.
MOTION TO COMPEL ARBITRATION
(CCP § 1281.2 et seq.)
TENTATIVE RULING:
Plaintiffs Robert Herod and Rochelle Herod’s Motion to Compel Arbitration is PLACED OFF CALENDAR.
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: Filed on June 25, 2020 [ ] Late [ ] None
REPLY: None filed as of October 20, 2020 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On March 23, 2020, Plaintiffs Robert Herod and Rochelle Herod (“Plaintiffs”) filed a complaint for violation of the Consumers Legal Remedies Act, violation of California Business and Professions Code § 17200, negligent misrepresentation, claim against surety, and violation of Code of Civil Procedure sections 1281.97 and 1281.99 against Defendants Planet Cars, Inc. dba Cash or Finance Auto (“Planet Cars”), M&N Financing Corporation (“M&N”), and International Fidelity Insurance Company (“Fidelity”). Defendants Planet Cars and Fidelity filed their Answers on June 1, 2020 and August 27, 2020, respectively.
On April 2, 2020, Plaintiffs filed the instant Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, Request for Sanctions, and Request for Costs (the “Motion”). With this Motion, Plaintiffs seek to compel Defendant Planet Cars and M&N to submit to arbitration. Defendant Planet Cars filed a limited Opposition on June 1, 2020.
On July 7, 2020, the Court continued the matter to August 12, 2020 at 10:00 a.m. (7/7/20 Notice re Continuance of Hearing and Order.) At the initial August 12th hearing, the Court noted several errors on the proof of service for the Summons, Complaint, and this Motion as to Defendant M&N. (8/12/20 Minute Order.) Because proper service is the means by which a court obtains personal jurisdiction, the Court ordered Plaintiffs to file a corrected proof of service demonstrating Defendant M&N was properly served with this action. (Id.) The Court warned that failure to do so could result in the Motion being placed off calendar or denied. (Id.)
To date, Plaintiffs have not filed the corrected proof of service as requested. Thus, the Court is unable to determine whether it acquired jurisdiction over Defendant M&N. Accordingly, the Motion is PLACED OFF CALENDAR.
Conclusion & Order
For the foregoing reasons, Plaintiffs Robert Herod and Rochelle Herod’s Motion to Compel Arbitration is PLACED OFF CALENDAR.
Moving party is ordered to give notice.
Case Number: 20STLC02711 Hearing Date: August 12, 2020 Dept: 25
HEARING DATE: Wed., August 12, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Herrod, et al. v. Planet Cars, Inc., et al. COMPL. FILED: 03-23-20
CASE NUMBER: 20STLC02711 DISC. C/O: 08-21-20
NOTICE: NO (As to ¿ M&N) DISC. MOT. C/O: 09-05-21
TRIAL DATE: 09-20-21
PROCEEDINGS: MOTION TO COMPEL ARBITRATION, PETITION FOR COURT TO PICK ARBITRATION FORUM, REQUEST FOR STAY, REQUEST FOR SANCTIONS, AND REQUEST FOR COSTS
MOVING PARTY: Plaintiffs Robert Herod and Rochelle Herod
RESP. PARTY: Defendant Planet Cars, Inc.
MOTION TO COMPEL ARBITRATION
(CCP § 1281.2 et seq.)
TENTATIVE RULING:
Plaintiffs Robert Herod and Rochelle Herod’s Motion to Compel Arbitration is CONTINUED TO OCTOBER 22, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiffs must file supplemental papers addressing the deficiencies identified 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: Filed on June 25, 2020 [ ] Late [ ] None
REPLY: None filed as of August 10, 2020 [ ] Late [X] None
ANALYSIS:
Background
On March 23, 2020, Plaintiffs Robert Herod and Rochelle Herod (“Plaintiffs”) filed a complaint for violation of the Consumers Legal Remedies Act, violation of California Business and Professions Code § 17200, negligent misrepresentation, claim against surety, and violation of Code of Civil Procedure sections 1281.97 and 1281.99 against Defendants Planet Cars, Inc. dba Cash or Finance Auto (“Planet Cars”), M&N Financing Corporation (“M&N”), and International Fidelity Insurance Company (“Fidelity”). Defendant Planet Cars filed an Answer on June 1, 2020.
On April 2, 2020, Plaintiffs filed the instant Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay, Request for Sanctions, and Request for Costs (the “Motion”). Planet Cars filed an Opposition on June 1, 2020. To date, no reply brief has been filed.
On July 7, 2020, the Court continued the hearing to August 12, 2020 at 10:00 a.m. (7/7/20 Notice re Continuance of Hearing and Order.) Plaintiffs were ordered to give notice of the continuance and file a proof of service demonstrating such notice. (Id.) To date, Plaintiffs have not filed a proof of service regarding the continuance.
A. Service
As an initial matter, the Court discusses the service of the Summons, Complaint, and Motion.
On July 20, 2020, Plaintiffs filed three proofs of service purporting to show that all three defendants were served with the Summons, Complaint, and instant Motion. However, the proof of service as to Defendant M&N states that Plaintiffs served an unidentified person authorized to accept service via substitute service. (7/20/20 Proofs of Service.) Confusingly, it also states the documents were left with Christian Batista, a “person authorized to accept.” (Id.) Thus, it is unclear to the Court whether Defendant M&N was personally served, but the declaration stating it was served via substitute service is incorrect. Alternatively, Defendant M&N’s authorized agent may have been served via substitute service, in which case the process server improperly omitted the name and description of the person that received the papers on behalf of the authorized agent.
Proper service is the means by which a court obtains personal jurisdiction over a party. (Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1206.) (Italics added.) Here, the Court cannot determine whether Defendant M&N was properly served with the action and Motion. Accordingly, Plaintiffs are ordered to file an amended proof of service as to Defendant M&N.
Conclusion & Order
For the foregoing reasons, Plaintiffs Robert Herod and Rochelle Herod’s Motion to Compel Arbitration is CONTINUED TO OCTOBER 22, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiffs must file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.
Moving parties are ordered to give notice.
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