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This case was last updated from Los Angeles County Superior Courts on 05/20/2020 at 03:37:13 (UTC).

LAURIE DICKSON VS CHERRY AVENUE DEVELOPMENT, INC., A PURPORTED CALIFORNIA CORPORATION

Case Summary

On 09/19/2019 LAURIE DICKSON filed an Other - Arbitration lawsuit against CHERRY AVENUE DEVELOPMENT, INC , A PURPORTED CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GREGORY KEOSIAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4064

  • Filing Date:

    09/19/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GREGORY KEOSIAN

 

Party Details

Petitioner

DICKSON LAURIE

Respondent

CHERRY AVENUE DEVELOPMENT INC. A PURPORTED CALIFORNIA CORPORATION

Attorney/Law Firm Details

Petitioner Attorney

SPIEGEL RONALD LAIL

 

Court Documents

Notice of Ruling - NOTICE OF RULING RULING RE PETITION LAURIE DICKSON'S PETITION TO COMPEL ARBITRATION

12/10/2019: Notice of Ruling - NOTICE OF RULING RULING RE PETITION LAURIE DICKSON'S PETITION TO COMPEL ARBITRATION

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 12/10/2019

12/10/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 12/10/2019

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

12/10/2019: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

Proof of Service by Mail

12/26/2019: Proof of Service by Mail

Proof of Mailing (Substituted Service)

12/26/2019: Proof of Mailing (Substituted Service)

Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER HEARING ON PETITION TO COMPEL ARBIT...)

11/4/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION - OTHER HEARING ON PETITION TO COMPEL ARBIT...)

Proof of Service (not Summons and Complaint)

10/17/2019: Proof of Service (not Summons and Complaint)

Proof of Service by Mail

10/17/2019: Proof of Service by Mail

Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF PETITION TO COMPEL ARBITRATION FOR. APPOINTMENT OF ARBITRATOR, ETC.

9/23/2019: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF PETITION TO COMPEL ARBITRATION FOR. APPOINTMENT OF ARBITRATOR, ETC.

Declaration - DECLARATION OF RONALD L. SPIEGEL IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND FOR APPOINTMENT OF ARBITRATOR

9/23/2019: Declaration - DECLARATION OF RONALD L. SPIEGEL IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND FOR APPOINTMENT OF ARBITRATOR

Notice of Hearing on Petition - NOTICE OF HEARING ON PETITION TO COMPEL ARBITRATION AND FOR APPOINTMENT OF ARBITRATOR

9/23/2019: Notice of Hearing on Petition - NOTICE OF HEARING ON PETITION TO COMPEL ARBITRATION AND FOR APPOINTMENT OF ARBITRATOR

Declaration - DECLARATION OF LAURIE DICKSON IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND FOR APPOINTMENT OF ARBITRATOR

9/23/2019: Declaration - DECLARATION OF LAURIE DICKSON IN SUPPORT OF PETITION TO COMPEL ARBITRATION AND FOR APPOINTMENT OF ARBITRATOR

Notice of Case Assignment - Unlimited Civil Case

9/19/2019: Notice of Case Assignment - Unlimited Civil Case

Petition - PETITION VERIFIED PETITION TO COMPEL ARBITRATION AND FOR COURT APPOINTMENT OF NEUTRAL ARBITRATOR BY PETITIONER LAURIE DICKSON

9/19/2019: Petition - PETITION VERIFIED PETITION TO COMPEL ARBITRATION AND FOR COURT APPOINTMENT OF NEUTRAL ARBITRATOR BY PETITIONER LAURIE DICKSON

Civil Case Cover Sheet

9/19/2019: Civil Case Cover Sheet

3 More Documents Available

 

Docket Entries

  • 12/26/2019
  • DocketProof of Mailing (Substituted Service); Filed by Laurie Dickson (Petitioner)

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  • 12/26/2019
  • DocketProof of Service by Mail; Filed by Laurie Dickson (Petitioner)

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  • 12/10/2019
  • Docketat 4:21 PM in Department 61, Gregory Keosian, Presiding; Ruling on Submitted Matter

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  • 12/10/2019
  • DocketNotice of Ruling (Ruling Re Petition Laurie Dickson's Petition to Compel Arbitration); Filed by Clerk

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  • 12/10/2019
  • DocketCertificate of Mailing for ((Ruling on Submitted Matter) of 12/10/2019); Filed by Clerk

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  • 12/10/2019
  • DocketMinute Order ( (Ruling on Submitted Matter)); Filed by Clerk

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  • 11/04/2019
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Hearing on Motion - Other (Hearing on Petition to Compel Arbitration and for Court Appointment of Arbitrator) - Held - Taken under Submission

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  • 11/04/2019
  • DocketMinute Order ( (Hearing on Motion - Other Hearing on Petition to Compel Arbit...)); Filed by Clerk

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  • 10/17/2019
  • DocketProof of Service (not Summons and Complaint); Filed by Laurie Dickson (Petitioner)

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  • 10/17/2019
  • DocketProof of Service by Mail; Filed by Laurie Dickson (Petitioner)

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  • 09/23/2019
  • DocketMemorandum of Points & Authorities (IN SUPPORT OF PETITION TO COMPEL ARBITRATION FOR. APPOINTMENT OF ARBITRATOR, ETC.); Filed by Laurie Dickson (Petitioner)

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  • 09/23/2019
  • DocketDeclaration (of Ronald L. Spiegel in Support of Petition to Compel Arbitration and for Appointment of Arbitrator); Filed by Laurie Dickson (Petitioner)

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  • 09/23/2019
  • DocketNotice of Hearing on Petition (TO COMPEL ARBITRATION AND FOR APPOINTMENT OF ARBITRATOR); Filed by Laurie Dickson (Petitioner)

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  • 09/23/2019
  • DocketDeclaration (of Laurie Dickson in Support of Petition to Compel Arbitration and for Appointment of Arbitrator); Filed by Laurie Dickson (Petitioner)

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  • 09/19/2019
  • DocketCivil Case Cover Sheet; Filed by Laurie Dickson (Petitioner)

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  • 09/19/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 09/19/2019
  • DocketPetition (Verified Petition to Compel Arbitration and for Court Appointment of Neutral Arbitrator by Petitioner Laurie Dickson); Filed by Laurie Dickson (Petitioner)

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Tentative Rulings

Case Number: 19STCP04064    Hearing Date: November 04, 2019    Dept: 61

Petitioner Laurie Dickson’s Petition to Compel Arbitration is GRANTED.

PETITION TO COMPEL ARBITRATION

On petition of a party to an arbitration agreement to arbitrate a controversy, a court must order the petitioner and respondent to arbitrate the controversy if it determines the arbitration agreement exists, unless (1) the petitioner has waived its right to arbitrate; (2) grounds exist for the revocation of the agreement; or (3) “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact.” (Code Civ. Proc., § 1281.2.)

“[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing arbitration bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The role of the trial court is to sit as a trier of fact, weighing any affidavits, declarations, and other documentary evidence, together with oral testimony received at the court's discretion, to reach a determination on the issue of arbitrability.” (Hotels Nevada v. L.A. Pacific Center, Inc. (2006) 144 Cal.App.4th 754, 758.)

Dickson points to page 8, paragraph 22 of her agreement with Cherry, stating that any dispute arising between the parties arising from the agreement shall be determined by arbitration. (Dickson Decl. Exh. 1 at p. 8.) Since a dispute has arisen between the parties over Dickson’s deposit under the agreement, the arbitration provision applies.

Dickson also asks this court to appoint an arbitrator, on the grounds that the agreement provides no method for selecting same, and Cherry has not responded to Dickson’s offered selection of arbitrators. (Spiegel Decl. ¶ 4.)

“When a petition is made to the court to appoint a neutral arbitrator, the court shall nominate five persons from lists of persons supplied jointly by the parties to the arbitration or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration. The parties to the agreement who seek arbitration and against whom arbitration is sought may within five days of receipt of notice of the nominees from the court jointly select the arbitrator whether or not the arbitrator is among the nominees. If the parties fail to select an arbitrator within the five-day period, the court shall appoint the arbitrator from the nominees.” (Code Civ. Proc. § 1281.6.) Dickson has presented her preferred arbitrator candidates, and Cherry has provided none. Dickson has also not provided the court with the CVs or rates for the chosen arbitrators.

Dickson’s Petition to Compel Arbitration is GRANTED. The court shall provide the parties with a list of five nominees to arbitrate this case. The parties shall have five days within which to select an arbitrator from the nominees or any other arbitrator agreed upon. Should the court not be so advised within five days, the court shall select an arbitrator from the list of nominees.

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