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This case was last updated from Los Angeles County Superior Courts on 06/06/2021 at 04:08:24 (UTC).

FERNANDO FLORES VS GREAT SUPPLIES & SERVICES, INC., A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 06/10/2020 FERNANDO FLORES filed a Contract - Other Contract lawsuit against GREAT SUPPLIES SERVICES, INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1895

  • Filing Date:

    06/10/2020

  • 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

 

Party Details

Plaintiff

FLORES FERNANDO

Defendants

UNITED AUTO CREDIT CORPORATION A CALIFORNIA CORPORATION

GREAT SUPPLIES & SERVICES INC. A CALIFORNIA CORPORATION DBA AYLA MOTORS

HUDSON INSURANCE COMPANY A DELAWARE CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

COOK MICHELLE A

COOK MICHELLE ALLYSE

Defendant Attorneys

GASCOU CHRISTIAN JEAN

MCMAHON BRIAN D.

 

Court Documents

Minute Order - MINUTE ORDER (STATUS CONFERENCE (ARBITRATION))

4/30/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE (ARBITRATION))

Declaration - DECLARATION OF MICHELLE A. COOK REGARDING ARBITRATION STATUS CONFERENCE

4/20/2021: Declaration - DECLARATION OF MICHELLE A. COOK REGARDING ARBITRATION STATUS CONFERENCE

Declaration - DECLARATION DECLARATION OF MICHELLE A. COOK REGARDING ARBITRATION STATUS CONFERENCE

3/19/2021: Declaration - DECLARATION DECLARATION OF MICHELLE A. COOK REGARDING ARBITRATION STATUS CONFERENCE

Minute Order - MINUTE ORDER (STATUS CONFERENCE (ARBITRATION))

3/26/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE (ARBITRATION))

Order - ORDER ORDER GRANTING DEFENDANT GREAT SUPPLIES & SERVICES, INC.S MOTION TO COMPEL ARBITRATION AND STAY ACTION

1/20/2021: Order - ORDER ORDER GRANTING DEFENDANT GREAT SUPPLIES & SERVICES, INC.S MOTION TO COMPEL ARBITRATION AND STAY ACTION

Case Management Statement

12/28/2020: Case Management Statement

Declaration - DECLARATION DECLARATION OF MICHELLE A. COOK IN SUPPORT OF PLAINTIFF'S REQUEST TO STRIKE UNTIMELY REPLY IN SUPPORT OF DEFENDANT GREAT SUPPLIES & SERVICES, INC.'S MOTION TO COMPEL ARBITRAT

12/15/2020: Declaration - DECLARATION DECLARATION OF MICHELLE A. COOK IN SUPPORT OF PLAINTIFF'S REQUEST TO STRIKE UNTIMELY REPLY IN SUPPORT OF DEFENDANT GREAT SUPPLIES & SERVICES, INC.'S MOTION TO COMPEL ARBITRAT

Exhibit List - EXHIBIT LIST COMPENDIUM OF EXHIBITS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT GREAT SUPPLIES & SERVICES, INC.'S MOTION TO COMPEL ARBITRATION AND STAY ACTION

12/4/2020: Exhibit List - EXHIBIT LIST COMPENDIUM OF EXHIBITS IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT GREAT SUPPLIES & SERVICES, INC.'S MOTION TO COMPEL ARBITRATION AND STAY ACTION

Answer - ANSWER TO FIRST AMENDED COMPLAINT

11/20/2020: Answer - ANSWER TO FIRST AMENDED COMPLAINT

Statement of Damages (Personal Injury or Wrongful Death)

10/23/2020: Statement of Damages (Personal Injury or Wrongful Death)

Notice of Posting of Jury Fees

10/26/2020: Notice of Posting of Jury Fees

Case Management Statement

11/2/2020: Case Management Statement

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE; CAS...)

11/18/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FAILURE TO FILE PROOF OF SERVICE; CAS...)

Proof of Service by Substituted Service

8/7/2020: Proof of Service by Substituted Service

Summons - SUMMONS ON COMPLAINT

6/10/2020: Summons - SUMMONS ON COMPLAINT

Civil Case Cover Sheet

6/10/2020: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

6/10/2020: Notice of Case Assignment - Unlimited Civil Case

Affidavit - AFFIDAVIT AFFIDAVIT OF VENUE

6/10/2020: Affidavit - AFFIDAVIT AFFIDAVIT OF VENUE

32 More Documents Available

 

Docket Entries

  • 07/29/2021
  • Hearing07/29/2021 at 08:30 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 04/30/2021
  • Docketat 08:30 AM in Department 58; Status Conference ((Arbitration)) - Held

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  • 04/30/2021
  • DocketStipulation and Order (Joint Stipulation to Arbitration and Stay Action as to Defendant United Auto Credit Corporation; Order on Stipulation); Filed by Fernando Flores (Plaintiff)

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  • 04/30/2021
  • DocketMinute Order ( (Status Conference (Arbitration))); Filed by Clerk

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  • 04/20/2021
  • DocketDeclaration (OF MICHELLE A. COOK REGARDING ARBITRATION STATUS CONFERENCE); Filed by Fernando Flores (Plaintiff)

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  • 03/26/2021
  • Docketat 09:00 AM in Department 58; Status Conference ((Arbitration)) - Not Held - Continued - Court's Motion

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  • 03/26/2021
  • DocketMinute Order ( (Status Conference (Arbitration))); Filed by Clerk

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  • 03/19/2021
  • DocketDeclaration (DECLARATION OF MICHELLE A. COOK REGARDING ARBITRATION STATUS CONFERENCE); Filed by Fernando Flores (Plaintiff)

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  • 03/18/2021
  • DocketNotice (of Entry of Order); Filed by Fernando Flores (Plaintiff)

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  • 01/20/2021
  • DocketOrder (ORDER GRANTING DEFENDANT GREAT SUPPLIES & SERVICES, INC.?S MOTION TO COMPEL ARBITRATION AND STAY ACTION); Filed by Fernando Flores (Plaintiff)

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37 More Docket Entries
  • 08/07/2020
  • DocketProof of Service by Substituted Service; Filed by Fernando Flores (Plaintiff)

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  • 08/07/2020
  • DocketProof of Personal Service; Filed by Fernando Flores (Plaintiff)

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  • 07/24/2020
  • DocketAnswer; Filed by Hudson Insurance Company, a Delaware corporation (Defendant)

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  • 06/16/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/16/2020
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 06/10/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 06/10/2020
  • DocketAffidavit (Affidavit of Venue); Filed by Fernando Flores (Plaintiff)

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  • 06/10/2020
  • DocketSummons (on Complaint); Filed by Fernando Flores (Plaintiff)

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  • 06/10/2020
  • DocketCivil Case Cover Sheet; Filed by Fernando Flores (Plaintiff)

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  • 06/10/2020
  • DocketComplaint; Filed by Fernando Flores (Plaintiff)

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Tentative Rulings

Case Number: 20STCV21895    Hearing Date: January 12, 2021    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: January 12, 2021

Case Name: Flores v. Great Supplies & Services, Inc., et al.

Case No.: 20STCV21895

Matter: Motion to Compel Arbitration

Moving Party: Defendant Great Supplies & Services, Inc.

Responding Party: Plaintiff Fernando Flores


Tentative Ruling: The Motion to Compel Arbitration is granted. The Court will not

award fees and costs.


Defendant Great Supplies & Services, Inc. seeks to compel arbitration of this lemon law matter before AAA or another alternative dispute forum in Los Angeles County.

Plaintiff does not oppose arbitration, but opposes AAA as an arbitral forum. Plaintiff argues arbitration should be commenced before JAMS.

The subject arbitration agreement provides,

You may choose the American Arbitration Association, 1633 Broadway, 10th Floor, New York, New York 10019 (www.adr.org), or any other organization to conduct the arbitration subject to our approval.

Given its costs, the Court is not certain JAMS makes sense for this type of matter. The Court is inclined to order arbitration before AAA or ADR Services, Inc., which Defendant has also suggested. The Court notes that Plaintiff’s only objection to ADR Services, Inc. is based on an anecdotal experience in which one arbitration was commenced without ADR Services, Inc. considering a dealership to have waived arbitration despite tendering late arbitration fees.

The Motion is granted. Whether arbitration will take place before AAA or ADR Services, Inc. shall be discussed at the Motion hearing. The action is stayed pending arbitration. (Code Civ. Proc. § 1281.4.)[1]

Defendant also requests attorneys’ fees and costs for prevailing on this Motion; the request is premised on the purchase agreement for the subject vehicle.

Defendant, however, has failed to identify which portion of the agreement allows for fees under the circumstances. Rather, the agreement states, “Each party shall be responsible for its own attorney, expert and other tees, unless awarded by the arbitrator under applicable law.” Thus, the request for fees/costs is denied.


[1] The Court notes there are other Defendants in this action.

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