This case was last updated from Los Angeles County Superior Courts on 05/25/2020 at 17:02:22 (UTC).

VIDEO TECH SERVICES, INC. VS TOTAL RENTAL SOLUTIONS, INC.

Case Summary

On 07/01/2019 VIDEO TECH SERVICES, INC filed a Contract - Other Contract lawsuit against TOTAL RENTAL SOLUTIONS, 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6195

  • Filing Date:

    07/01/2019

  • Case Status:

    Disposed - Dismissed

  • 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

VIDEO TECH SERVICES INC.

Defendant

TOTAL RENTAL SOLUTIONS INC.

Attorney/Law Firm Details

Plaintiff Attorney

KOSNETT LOUIS V.

Defendant Attorney

BRAUGH JANE MARGARET

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order Stipulation for Dismissal, with prejudice, pursuant to CCP 664.6

3/3/2020: Stipulation and Order (name extension) - Stipulation and Order Stipulation for Dismissal, with prejudice, pursuant to CCP 664.6

Order (name extension) - Order Order for Dismissal, with prejudice, pursuant to CCP 664.6

3/13/2020: Order (name extension) - Order Order for Dismissal, with prejudice, pursuant to CCP 664.6

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

12/10/2019: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration)

Motion to Compel Arbitration - Motion to Compel Arbitration

9/18/2019: Motion to Compel Arbitration - Motion to Compel Arbitration

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

8/6/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

8/8/2019: Answer - Answer

Complaint - Complaint

7/1/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/1/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/1/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/1/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

7/1/2019: First Amended Standing Order - First Amended Standing Order

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

7/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 04/14/2020
  • DocketOrder to Show Cause Re: Status of Arbitration scheduled for 06/22/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/14/2020

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  • 04/14/2020
  • DocketNon-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/14/2020

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  • 04/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/14/2020

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  • 04/14/2020
  • DocketThe case is removed from the special status of: Stay - Entire Action/Case

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  • 03/13/2020
  • DocketOrder Order for Dismissal, with prejudice, pursuant to CCP 664.6; Signed and Filed by: Video Tech Services, Inc. (Plaintiff); As to: Total Rental Solutions, Inc. (Defendant)

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  • 03/13/2020
  • DocketOn the Complaint filed by Video Tech Services, Inc. on 07/01/2019, entered Order for Dismissal without prejudice as to the entire action

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  • 12/10/2019
  • DocketOrder to Show Cause Re: Status of Arbitration scheduled for 06/22/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/10/2019
  • DocketThe case is placed in special status of: Stay - Entire Action/Case

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  • 12/10/2019
  • DocketMinute Order (Hearing on Motion to Compel Arbitration)

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  • 12/10/2019
  • DocketHearing on Motion to Compel Arbitration scheduled for 12/10/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/10/2019; Result Type to Held - Motion Granted

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3 More Docket Entries
  • 08/06/2019
  • DocketProof of Service by Substituted Service; Filed by: Video Tech Services, Inc. (Plaintiff); As to: Total Rental Solutions, Inc. (Defendant); Proof of Mailing Date: 07/09/2019; Service Cost: 318.75; Service Cost Waived: No

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  • 07/03/2019
  • DocketNon-Jury Trial scheduled for 12/28/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/03/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/01/2019
  • DocketComplaint; Filed by: Video Tech Services, Inc. (Plaintiff); As to: Total Rental Solutions, Inc. (Defendant)

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  • 07/01/2019
  • DocketSummons on Complaint; Issued and Filed by: Video Tech Services, Inc. (Plaintiff); As to: Total Rental Solutions, Inc. (Defendant)

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  • 07/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Video Tech Services, Inc. (Plaintiff); As to: Total Rental Solutions, Inc. (Defendant)

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  • 07/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Video Tech Services, Inc. (Plaintiff); As to: Total Rental Solutions, Inc. (Defendant)

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  • 07/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06195    Hearing Date: December 10, 2019    Dept: 94

PETITION TO COMPEL ARBITRATION

(CCP § 1281.2)

TENTATIVE RULING:

Petitioner Video Tech Services, Inc.’s Petition to Compel Arbitration is GRANTED. This action is STAYED under Code of Civil Procedure section 1281.4 pending completion of arbitration.

. Background

On December 29, 2017, Petitioner Video Tech Services, Inc. (“Petitioner”), a supplier of audio/visual technicians, and Respondent Total Rental Solutions, Inc., a Florida Corporation dba Total Rental Solutions (“Respondent”), executed a Technical Labor Services Contract (“Contract”) for audio and visual technical services, which includes an arbitration provision. Petitioner claims that Respondent refused to pay invoices in full complaining of poor workmanship by Petitioner’s technicians. (Mot., p. 3.) On May 28, 2019, Petitioner submitted the parties’ dispute to Judicate West for arbitration as provided for in the Contract. (Kosnett Decl., ¶ 2, Exh. B.)

On June 21, 2019, Respondent informed Petitioner that it was taking the position the Contract was invalid and unenforceable, and thus refused to submit to arbitration. (Id., ¶ 3.) As a result, Petitioner filed a breach of contract action on July 1, 2019 and brought the instant Petition to Compel Arbitration (the “Petition”) on September 18, 2019.

II. 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.” (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.) In addition, the mere filing of a lawsuit does not result in waiver of a party’s right to enforce arbitration provisions. (St. Agnes Medical Center v. Pacificare of California (2003) 31 Cal.4th 1187, 1201.) “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.)

III. Discussion

“‘[T]he party seeking arbitration bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence, and the party opposing arbitration bears the burden of proving by a preponderance of the evidence any defense . . . .’ [Citation.]” (Nielsen Contracting, Inc. v. Applied Underwriters, Inc. (2018) 22 Cal.App.5th 1096, 1106.)

Here, Petitioner has submitted a valid and enforceable arbitration agreement with Respondent. (Manzano Decl., ¶ 2, Exh. A.) Thus, Petitioner has met its initial burden. Respondent fails to oppose the instant Petition and to argue why the Court should not compel arbitration.

IV. Conclusion & Order

For the foregoing reasons, and pursuant to Code of Civil Procedure section 1281.2, the Court has no discretion but to GRANT the Motion.

If the court orders arbitration, then the court shall stay the action until arbitration is completed. (See Code Civ. Proc., § 1281.4.) Accordingly, this action is STAYED under Code of Civil Procedure section 1281.4 pending the completion of arbitration.

The Court also sets an OSC Hearing re: Status of Arbitration for  at 10:30 a.m. in Department 94.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.