This case was last updated from Los Angeles County Superior Courts on 01/16/2020 at 06:26:05 (UTC).

SALOMON D HURTARTE, ET AL. VS BRAYAN'S AUTO SALES, INC., ET AL.

Case Summary

On 10/04/2019 SALOMON D HURTARTE filed a Contract - Other Contract lawsuit against BRAYAN'S AUTO SALES, INC . This case was filed in Los Angeles County Superior Courts, Stanley Mosk 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:

    *******9217

  • Filing Date:

    10/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiffs

HURTARTE SALOMON D

LOPEZ INGRID A

Defendants

STATE NATIONAL INS. CO.

CREDENTIAL ACCEPTANCE CORPORATION

BRAYAN'S AUTO SALES INC.

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

Affidavit (name extension) - Affidavit Re Venue

12/6/2019: Affidavit (name extension) - Affidavit Re Venue

Declaration (name extension) - Declaration of Nima Heydari in support of Plf's Petition to Compel Arbitration

12/10/2019: Declaration (name extension) - Declaration of Nima Heydari in support of Plf's Petition to Compel Arbitration

Motion to Compel Arbitration - Motion to Compel Arbitration

12/10/2019: Motion to Compel Arbitration - Motion to Compel Arbitration

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

1/2/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

1/2/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

1/2/2020: Proof of Personal Service - Proof of Personal Service

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

1/9/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

1/9/2020: Proof of Personal Service - Proof of Personal Service

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

1/9/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet - Civil Case Cover Sheet

10/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

10/4/2019: Complaint - Complaint

Summons - Summons on Complaint

10/4/2019: Summons - Summons on Complaint

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

10/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/4/2019: First Amended Standing Order - First Amended Standing Order

2 More Documents Available

 

Docket Entries

  • 10/07/2022
  • Hearing10/07/2022 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 04/02/2021
  • Hearing04/02/2021 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/27/2020
  • Hearing02/27/2020 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel (name extension)

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  • 01/09/2020
  • DocketProof of Service by Substituted Service; Filed by: Salomon D Hurtarte (Plaintiff); As to: Credential Acceptance Corporation (Defendant); Proof of Mailing Date: 12/05/2019; Service Cost: 98.00; Service Cost Waived: No

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  • 01/09/2020
  • DocketProof of Service by Substituted Service; Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: Brayan's Auto Sales, Inc. (Defendant); Proof of Mailing Date: 12/15/2019; Service Cost: 98.00; Service Cost Waived: No

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  • 01/09/2020
  • DocketProof of Personal Service; Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: State National Ins. Co. (Defendant); Service Date: 12/04/2019; Service Cost: 40.00; Service Cost Waived: No

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  • 01/02/2020
  • DocketProof of Personal Service; Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: State National Ins. Co. (Defendant); Service Date: 12/11/2019; Service Cost: 40.00; Service Cost Waived: No

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  • 01/02/2020
  • DocketProof of Service by Substituted Service; Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: Credential Acceptance Corporation (Defendant); Proof of Mailing Date: 12/13/2019; Service Cost: 99.50; Service Cost Waived: No

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  • 01/02/2020
  • DocketProof of Service by Substituted Service; Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: Brayan's Auto Sales, Inc. (Defendant); Proof of Mailing Date: 12/15/2019; Service Cost: 99.50; Service Cost Waived: No

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  • 12/10/2019
  • DocketMotion to Compel Arbitration; Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: Brayan's Auto Sales, Inc. (Defendant); Credential Acceptance Corporation (Defendant)

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1 More Docket Entries
  • 12/10/2019
  • DocketHearing on Motion to Compel Motion to Compel Arbitration scheduled for 02/27/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/06/2019
  • DocketAffidavit Re Venue; Filed by: Salomon D Hurtarte (Plaintiff)

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  • 10/07/2019
  • DocketNon-Jury Trial scheduled for 04/02/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/07/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/07/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 10/04/2019
  • DocketComplaint; Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: Brayan's Auto Sales, Inc. (Defendant); Credential Acceptance Corporation (Defendant); State National Ins. Co. (Defendant)

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  • 10/04/2019
  • DocketSummons on Complaint; Issued and Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: Brayan's Auto Sales, Inc. (Defendant); Credential Acceptance Corporation (Defendant); State National Ins. Co. (Defendant)

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  • 10/04/2019
  • DocketCivil Case Cover Sheet; Filed by: Salomon D Hurtarte (Plaintiff); Ingrid A Lopez (Plaintiff); As to: Brayan's Auto Sales, Inc. (Defendant); Credential Acceptance Corporation (Defendant); State National Ins. Co. (Defendant)

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  • 10/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC09217    Hearing Date: February 27, 2020    Dept: 26

Hurtarte, et al. v. Brayan’s Auto Sales, Inc., et al.

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiffs Salomon D. Hurtarte and Ingrid A. Lopez’s Motion to Compel Arbitration and Request for Costs is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANTS BRAYAN’S AUTO SALES, INC. AND CREDENTIAL ACCEPTANCE CORPORATION ARE TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN. DEFENDANTS BRAYAN’S AUTO SALES, INC. AND CREDENTIAL ACCEPTANCE CORPORATION ARE ALSO JOINTLY AND SEVERALLY ORDERED TO PAY PLAINTIFF’S COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS.

ANALYSIS:

On October 4, 2019, Plaintiffs Salomon D. Hurtarte and Ingrid A. Lopez (“Plaintiffs”) filed this action against Defendants Brayan’s Auto Sales, Inc. (“Dealer”), Credential Acceptance Corporation (“Holder”) and State National Insurance Company (“State National Insurance”). On December 10, 2019, Plaintiffs filed the instant Motion to Compel Arbitration seeking an order compelling Dealer and Holder to arbitration. To date, no opposition has been filed.

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 thereto refuses to arbitrate such 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 the revocation of the agreement.” (CCP §§ 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.” (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 CCP § 1281.4.)

Discussion

Plaintiffs bring the instant Motion seeking to compel Dealer and Holder to submit to arbitration based on a Retail Installment Sale Contract to purchase a car (the “Contract”). (Motion, Heydari Decl., ¶5 and Exh. 2.) Both Plaintiff and Dealer are parties to the Contract, and Holder is alleged to have been assigned the contract. (See Compl., ¶39.) Plaintiffs provide evidence of the existence of the arbitration agreement in the sales contract. (Motion, Heydari Decl., Exh. 2, p. 4.) They further demonstrate that the demand to Dealer and Holder to arbitrate the dispute was ignored and the Court’s intervention is needed to compel the parties to arbitration. (Id. at ¶¶3, 8-11.) Neither Dealer nor Holder has submitted an opposition to the instant Motion. Accordingly, Plaintiff has demonstrated the existence of an arbitration agreement and the Court finds there is no defense to its enforcement.

Plaintiff also requests costs for having to bring the instant Motion. “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.) Therefore, Plaintiff is awarded costs of $439.95. (Motion, p. 7:21-26.)

Conclusion

Plaintiffs Salomon D. Hurtarte and Ingrid A. Lopez’s Motion to Compel Arbitration and Request for Costs is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANTS BRAYAN’S AUTO SALES, INC. AND CREDENTIAL ACCEPTANCE CORPORATION ARE TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN. DEFENDANTS BRAYAN’S AUTO SALES, INC. AND CREDENTIAL ACCEPTANCE CORPORATION ARE ALSO JOINTLY AND SEVERALLY ORDERED TO PAY PLAINTIFF’S COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS.

Moving party to give notice.