This case was last updated from Los Angeles County Superior Courts on 09/15/2021 at 00:19:41 (UTC).

DANIEL GARCIA VS 2ND MARKETING, LLC, ET AL.

Case Summary

On 07/01/2020 DANIEL GARCIA filed a Labor - Wrongful Termination lawsuit against 2ND MARKETING, LLC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judge overseeing this case is DANIEL M. CROWLEY. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0364

  • Filing Date:

    07/01/2020

  • Case Status:

    Other

  • Case Type:

    Labor - Wrongful Termination

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DANIEL M. CROWLEY

 

Party Details

Plaintiff

GARCIA DANIEL

Defendants

MAY RYAN

2ND MARKETING LLC

RAYLX CAPITAL INC.

CPR HOME SOLUTIONS INC.

Attorney/Law Firm Details

Plaintiff Attorneys

AMIN PARAG L.

SIDDIQUI NIDA FARHI

Defendant Attorney

TROSTAD TYE

 

Court Documents

Order - COURT ORDER/RULING (HEARING 5-5-21)

5/5/2021: Order - COURT ORDER/RULING (HEARING 5-5-21)

Case Management Statement

4/28/2021: Case Management Statement

Demurrer - without Motion to Strike - DEMURRER - WITHOUT MOTION TO STRIKE TO THE ENTIRE FIRST AMENDED COMPLAINT

3/22/2021: Demurrer - without Motion to Strike - DEMURRER - WITHOUT MOTION TO STRIKE TO THE ENTIRE FIRST AMENDED COMPLAINT

Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR DEMURRER TO THE ENTIRE FIRST AMENDED COMPLAINT

3/22/2021: Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR DEMURRER TO THE ENTIRE FIRST AMENDED COMPLAINT

Motion to Compel - MOTION TO COMPEL ARBITRATION IN LIEU OF ANSWER

3/22/2021: Motion to Compel - MOTION TO COMPEL ARBITRATION IN LIEU OF ANSWER

Notice - NOTICE NOTICE OF UNAVAILABILITY OF DEFENSE COUNSEL

4/9/2021: Notice - NOTICE NOTICE OF UNAVAILABILITY OF DEFENSE COUNSEL

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF RELATED CASES) OF 12/22/2020

12/22/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF RELATED CASES) OF 12/22/2020

Proof of Service (not Summons and Complaint)

12/23/2020: Proof of Service (not Summons and Complaint)

Brief - BRIEF FOR MOTION TO CONSOLIDATE IN 20STCV24329

12/23/2020: Brief - BRIEF FOR MOTION TO CONSOLIDATE IN 20STCV24329

Notice - NOTICE NOTICE OF ENTRY OF JUDGMENT OR ORDER

12/8/2020: Notice - NOTICE NOTICE OF ENTRY OF JUDGMENT OR ORDER

Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OT DEMURRER TO THE ENTIRE COMPLAINT

12/3/2020: Request for Judicial Notice - REQUEST FOR JUDICIAL NOTICE IN SUPPORT OT DEMURRER TO THE ENTIRE COMPLAINT

Demurrer - without Motion to Strike - DEMURRER - WITHOUT MOTION TO STRIKE TO THE ENTIRE COMPLAINT

12/3/2020: Demurrer - without Motion to Strike - DEMURRER - WITHOUT MOTION TO STRIKE TO THE ENTIRE COMPLAINT

Case Management Statement

10/13/2020: Case Management Statement

Amendment to Complaint (Fictitious/Incorrect Name)

10/7/2020: Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name)

10/7/2020: Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Service by Substituted Service

7/22/2020: Proof of Service by Substituted Service

Notice of Case Management Conference

7/7/2020: Notice of Case Management Conference

Civil Case Cover Sheet

7/1/2020: Civil Case Cover Sheet

27 More Documents Available

 

Docket Entries

  • 08/26/2021
  • DocketRequest for Dismissal (With Prejudice as to Entire Action of All Parties and All Causes of Action); Filed by Daniel Garcia (Plaintiff)

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  • 05/12/2021
  • Docketat 1:30 PM in Department F; Case Management Conference - Not Held - Vacated by Court

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  • 05/05/2021
  • Docketat 08:58 AM in Department F; Court Order

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  • 05/05/2021
  • Docketat 1:30 PM in Department C; Hearing on Motion - Other (Motion to Compel Arbitration in Lieu of Answer) - Held - Motion Granted

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  • 05/05/2021
  • DocketCourt Order/Ruling (Hearing 5-5-21); Filed by Clerk

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  • 05/05/2021
  • DocketMinute Order ( (Hearing on Motion - Other Motion to Compel Arbitration in Lie...)); Filed by Clerk

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  • 05/04/2021
  • Docketat 09:30 AM in Department C; Hearing on Motion to Compel (Petition in Lieu of Answer to Compel Arbitration) - Not Held - Taken Off Calendar by Party

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  • 04/29/2021
  • DocketCase Management Statement; Filed by Daniel Garcia (Plaintiff)

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  • 04/29/2021
  • DocketProof of Service (not Summons and Complaint); Filed by Daniel Garcia (Plaintiff)

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  • 04/28/2021
  • DocketCase Management Statement; Filed by 2nd Marketing, LLC (Defendant); Ryan May (Defendant); CPR Home Solutions Inc. (Defendant) et al.

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30 More Docket Entries
  • 10/13/2020
  • DocketCase Management Statement; Filed by Daniel Garcia (Plaintiff)

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  • 10/07/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by Daniel Garcia (Plaintiff)

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  • 10/07/2020
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by Daniel Garcia (Plaintiff)

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  • 07/22/2020
  • DocketProof of Service by Substituted Service; Filed by Daniel Garcia (Plaintiff)

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  • 07/22/2020
  • DocketProof of Service by Substituted Service; Filed by Daniel Garcia (Plaintiff)

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  • 07/07/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 07/01/2020
  • DocketComplaint; Filed by Daniel Garcia (Plaintiff)

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  • 07/01/2020
  • DocketCivil Case Cover Sheet; Filed by Daniel Garcia (Plaintiff)

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  • 07/01/2020
  • DocketSummons (on Complaint); Filed by Daniel Garcia (Plaintiff)

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  • 07/01/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 20NWCV00364    Hearing Date: May 5, 2021    Dept: C

GARCIA v. 2ND MARKETING, LLC

CASE NO.:  20NWCV00364

HEARING 5/5/21

#5

TENTATIVE ORDER

Defendant 2ND Marketing, LLC’s petition to compel arbitration in lieu of answer is GRANTED. The parties are ORDERED to arbitration, and the matter is STAYED.

Moving Party to give NOTICE.

Defendant 2nd Marketing, LLC moves to compel arbitration pursuant to CCP § 1281.2.

A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.)

The petition to compel arbitration, consequently, functions as a motion and is to be heard in the manner of a motion, i.e., the facts are to be proven by affidavit or declaration and documentary evidence with oral testimony taken only in the court’s discretion. (CCP § 1290.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413-414.) CCP § 1281.4 provides, “if a court of competent jurisdiction… has ordered arbitration of a controversy… the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had.”

The court finds that a valid arbitration provision exists.

Plaintiff does not oppose the arbitration, but requests that the arbitration provisions are followed, including discovery, and costs to be borne by the Company, citing the arbitration provision in the Employment Agreement, attached to Defendant’s motion.

Accordingly, the motion is GRANTED. The parties are ORDERED to arbitration, and the matter is STAYED.