This case was last updated from Los Angeles County Superior Courts on 02/26/2021 at 03:13:59 (UTC).

YANIRA AVILA DE RODRIGUEZ VS WESTLAKE SERVICES, LLC

Case Summary

On 12/19/2019 YANIRA AVILA DE RODRIGUEZ filed a Contract - Other Contract lawsuit against WESTLAKE SERVICES, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street 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:

    *******1583

  • Filing Date:

    12/19/2019

  • 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

SERENA R. MURILLO

 

Party Details

Plaintiff

AVILA DE RODRIGUEZ YANIRA

Defendant

WESTLAKE SERVICES LLC DBA WESTLAKE FINANCIAL SERVICES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

 

Court Documents

Declaration (name extension) - Declaration of NH Re Failure to Appear for Post Arb Status Conference

2/24/2021: Declaration (name extension) - Declaration of NH Re Failure to Appear for Post Arb Status Conference

Minute Order - Minute Order (Post-Arbitration Status Conference;)

2/24/2021: Minute Order - Minute Order (Post-Arbitration Status Conference;)

Certificate of Mailing for - Certificate of Mailing for (Post-Arbitration Status Conference;) of 02/24/2021

2/24/2021: Certificate of Mailing for - Certificate of Mailing for (Post-Arbitration Status Conference;) of 02/24/2021

Motion re: (name extension) - Motion re: Plaintiff's Motion to Lift Stay

10/28/2020: Motion re: (name extension) - Motion re: Plaintiff's Motion to Lift Stay

Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Plaintiff's Motion to Lift Stay

10/28/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari in Support of Plaintiff's Motion to Lift Stay

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

6/24/2020: Minute Order - Minute Order (Hearing on Motion to Compel Arbitration)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Arbitration) of 06/24/2020

6/24/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Arbitration) of 06/24/2020

Notice of Continuance Due to COVID-19 State of Emergency Declarations - Notice of Continuance Due to COVID-19 State of Emergency Declarations

5/18/2020: Notice of Continuance Due to COVID-19 State of Emergency Declarations - Notice of Continuance Due to COVID-19 State of Emergency Declarations

Certificate of Mailing for - Certificate of Mailing for [Notice of Continuance Due to COVID-19 State of Emergency Declarations]

5/18/2020: Certificate of Mailing for - Certificate of Mailing for [Notice of Continuance Due to COVID-19 State of Emergency Declarations]

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

3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Personal Service - Proof of Personal Service

2/13/2020: Proof of Personal Service - Proof of Personal Service

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

1/10/2020: Declaration (name extension) - Declaration Declaration of Nima Heydari In Support of Plaintiffs Petition to Compel Arbitration

Motion to Compel (name extension) - Motion to Compel Please file and conform the attached Plaintiff's Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and R

1/10/2020: Motion to Compel (name extension) - Motion to Compel Please file and conform the attached Plaintiff's Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and R

Complaint - Complaint

12/19/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/19/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

12/19/2019: Summons - Summons on Complaint

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

12/19/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

12/19/2019: First Amended Standing Order - First Amended Standing Order

6 More Documents Available

 

Docket Entries

  • 05/12/2021
  • Hearing05/12/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Leave (name extension)

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  • 05/12/2021
  • Hearing05/12/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Post-Arbitration Status Conference

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  • 02/24/2021
  • DocketPost-Arbitration Status Conference scheduled for 05/12/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 02/24/2021
  • DocketUpdated -- Certificate of Mailing for (Post-Arbitration Status Conference;) of 02/24/2021: Status Date changed from 02/24/2021 to 02/24/2021; As To Parties: removed

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  • 02/24/2021
  • DocketDeclaration of NH Re Failure to Appear for Post Arb Status Conference; Filed by: Yanira Avila De Rodriguez (Plaintiff)

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  • 02/24/2021
  • DocketMinute Order (Post-Arbitration Status Conference;)

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  • 02/24/2021
  • DocketCertificate of Mailing for (Post-Arbitration Status Conference;) of 02/24/2021; Filed by: Clerk

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  • 02/24/2021
  • DocketOn the Court's own motion, Post-Arbitration Status Conference scheduled for 02/24/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 05/12/2021 10:00 AM

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  • 10/28/2020
  • DocketMotion re: Plaintiff's Motion to Lift Stay; Filed by: Yanira Avila De Rodriguez (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 10/28/2020
  • DocketDeclaration Declaration of Nima Heydari in Support of Plaintiff's Motion to Lift Stay; Filed by: Yanira Avila De Rodriguez (Plaintiff)

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17 More Docket Entries
  • 01/10/2020
  • DocketDeclaration Declaration of Nima Heydari In Support of Plaintiffs? Petition to Compel Arbitration; Filed by: Yanira Avila De Rodriguez (Plaintiff)

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  • 01/10/2020
  • DocketMotion to Compel Please file and conform the attached Plaintiff's Motion to Compel Arbitration, Petition for Court to Pick Arbitration Forum, Request for Stay and Request for Costs; Filed by: Yanira Avila De Rodriguez (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 12/20/2019
  • DocketNon-Jury Trial scheduled for 06/17/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/20/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/22/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/20/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 12/19/2019
  • DocketComplaint; Filed by: Yanira Avila De Rodriguez (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 12/19/2019
  • DocketCivil Case Cover Sheet; Filed by: Yanira Avila De Rodriguez (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 12/19/2019
  • DocketSummons on Complaint; Issued and Filed by: Yanira Avila De Rodriguez (Plaintiff); As to: Westlake Services, LLC (Defendant)

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  • 12/19/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/19/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC11583    Hearing Date: June 24, 2020    Dept: 26

Based on current conditions, including, but not limited to, the spread of Covid-19, the need for social distancing, and the states of emergency having been declared by Governor Gavin Newsom and President Donald Trump, the General Orders issued by the Presiding Judge and Statewide Orders issued by the Chief Justice, no more than six people may be in the courtroom at any given time, in addition to court staff.  Due to overcrowding concerns via COVID-19, the parties shall make every effort to appear telephonically via CourtCall for their scheduled hearing.

Avila-De Rodriguez v. Westlake Services, LLC, et al

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Yanira Avila-De Rodriguez’s Motion to Compel Arbitration is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN. DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS ALSO ORDERED TO PAY PLAINTIFFS’ COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

ANALYSIS:

On December 19, 2019, Plaintiff Yarina Avila De Rodriguez (“Plaintiff”) filed this action against Defendant Westlake Services, LLC dba Westlake Financial Services (“Defendant”). Plaintiff filed the instant Motion to Compel Arbitration on January 10, 2020. 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.” (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 CCP § 1281.4.)

Discussion

Plaintiff brings the instant Motion seeking to compel Defendant to submit to arbitration based on a Retail Installment Sale Contract to purchase a car (the “Contract”). (Motion, Heydari Decl., Exh. 2.) Both Plaintiff and the car dealership are parties to the Contract, and Defendant is alleged to have been assigned the contract. (See Compl., ¶¶34-35.) Plaintiff provides evidence of the existence of the arbitration agreement in the sales contract. (Motion, Heydari Decl., Exh. 2, p. 4.) The Motion further demonstrates that Plaintiff made payments to Defendant on the Contract and the demand to Defendant to arbitrate the dispute was ignored. (Id. at ¶¶3-10 and Exhs. 1, 4.) This demonstrates that the Court’s intervention is needed to compel the parties to arbitration. Nor has Defendant 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, Plaintiffs are awarded costs of $439.95. (Motion, pp. 7:19-21.)

Conclusion

Plaintiff Yarina Avila De Rodriguez’s Motion to Compel Arbitration is GRANTED. THE MATTER IS TO BE ARBITRATED BEFORE THE AAA AND DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS TO PAY ANY OUTSTANDING FEES TO AAA TO REINSTATE THIS CASE THEREIN. DEFENDANT WESTLAKE SERVICES, LLC DBA WESTLAKE FINANCIAL SERVICES IS ALSO ORDERED TO PAY PLAINTIFFS’ COSTS IN THE AMOUNT OF $439.95 WITHIN 30 DAYS’ NOTICE OF THIS ORDER.

Moving party to give notice.

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