This case was last updated from Los Angeles County Superior Courts on 10/24/2020 at 02:10:21 (UTC).

ROBERT HEROD, ET AL. VS PLANET CARS, INC., ET AL.

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2711

  • Filing Date:

    03/23/2020

  • 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

Plaintiffs

HEROD ROCHELLE L

HEROD ROBERT

Defendants

INTERNATIONAL FIDELITY INSURANCE COMPANY

PLANET CARS INC. DBA CASH OR FINANCE AUTO

M&N FINANCING CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

Defendant Attorney

FIROUZNAM-HEIDARI JENOS

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

10/22/2020: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

Answer - Answer

8/7/2020: Answer - Answer

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 08/12/2020

8/12/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 08/12/2020

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/20/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

7/20/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/20/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/7/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

Opposition (name extension) - Opposition to Motion to Compel Arbitration

6/25/2020: Opposition (name extension) - Opposition to Motion to Compel Arbitration

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Answer - Answer

6/1/2020: Answer - Answer

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

4/2/2020: Declaration (name extension) - Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration

Motion to Compel Arbitration - Motion to Compel Arbitration

4/2/2020: Motion to Compel Arbitration - Motion to Compel Arbitration

First Amended Standing Order - First Amended Standing Order

3/23/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

3/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

3/23/2020: Complaint - Complaint

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

3/23/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

3/23/2020: Summons - Summons on Complaint

8 More Documents Available

 

Docket Entries

  • 03/27/2023
  • 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

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  • 09/20/2021
  • Hearing09/20/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 10/22/2020
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

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  • 10/22/2020
  • 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

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  • 08/12/2020
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Arbitration)

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  • 08/12/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Motion to Compel Arbitration) of 08/12/2020; Filed by: Clerk

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  • 08/12/2020
  • 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

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  • 08/11/2020
  • DocketNotice of Continued Motion to Compel Arbitration Hearing; Filed by: Robert Herod (Plaintiff); As to: Planet Cars, Inc. (Defendant); M&N Financing Corporation (Defendant)

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  • 08/07/2020
  • DocketAnswer; Filed by: International Fidelity Insurance Company (Defendant); As to: Robert Herod (Plaintiff); Rochelle L Herod (Plaintiff)

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  • 07/20/2020
  • 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

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11 More Docket Entries
  • 04/02/2020
  • 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

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  • 04/02/2020
  • DocketMotion to Compel Arbitration; Filed by: Robert Herod (Plaintiff); Rochelle L Herod (Plaintiff); As to: Planet Cars, Inc. (Defendant); M&N Financing Corporation (Defendant)

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  • 03/24/2020
  • DocketNon-Jury Trial scheduled for 09/20/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 03/24/2020
  • 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

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  • 03/24/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 03/23/2020
  • 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)

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  • 03/23/2020
  • 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)

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  • 03/23/2020
  • 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)

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  • 03/23/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/23/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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:

  1. 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.

  1. 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:

  1. 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.

  1. 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:

  1. 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.

  1. 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.