This case was last updated from Los Angeles County Superior Courts on 06/13/2019 at 05:01:51 (UTC).

NANCI STERLING ET AL VS DRIVETIME CAR SALES COMPANY LLC ET

Case Summary

On 11/22/2017 NANCI STERLING filed a Contract - Other Contract lawsuit against DRIVETIME CAR SALES COMPANY LLC ET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL JOHNSON. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4538

  • Filing Date:

    11/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL JOHNSON

 

Party Details

Plaintiffs and Petitioners

KEW RODNEY

STERLING NANCI

Respondents and Defendants

BRIDGECREST ACCEPTANCE CORPORATION

DRIVETIME CAR SALES COMPANY LLC

DOES 1 TO 75

DRIVETIME

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

DRIVETIME CAR SALES COMPANY LLC DBA DRIVETIME

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ROSNER HALLEN D. ESQ.

ROSNER HALLEN D ESQ.

Defendant Attorney

FODE STACY L

 

Court Documents

Minute Order

10/1/2018: Minute Order

NOTICE OF STATUS CONFERENCE

10/1/2018: NOTICE OF STATUS CONFERENCE

Minute Order

12/10/2018: Minute Order

Minute Order

5/22/2019: Minute Order

PARTIES' STIPULATION AND ORDER FOR BINDING ARBITRATION

1/3/2018: PARTIES' STIPULATION AND ORDER FOR BINDING ARBITRATION

SUBSTITUTION OF ATTORNEY

5/31/2018: SUBSTITUTION OF ATTORNEY

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

6/21/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

PROOF OF SERVICE OF NOTICE OF CASE REASSIGNMENT

6/27/2018: PROOF OF SERVICE OF NOTICE OF CASE REASSIGNMENT

PROOF OF SERVICE OF SUMMONS

12/22/2017: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

12/22/2017: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

12/22/2017: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF MINUTE ORDER DATED: DECEMBR 1, 2017, RE: PLAINTTFFS' PEREMPTORY CHALLENGE

12/12/2017: PROOF OF SERVICE OF MINUTE ORDER DATED: DECEMBR 1, 2017, RE: PLAINTTFFS' PEREMPTORY CHALLENGE

Minute Order

12/1/2017: Minute Order

PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC ., 170.6)

11/30/2017: PEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC ., 170.6)

PLAINTIFFS' STATEMENT OF ACTUAL AND PUNITIVE DAMAGES [CODE OF CIV. PROC. ?425.115]

11/22/2017: PLAINTIFFS' STATEMENT OF ACTUAL AND PUNITIVE DAMAGES [CODE OF CIV. PROC. ?425.115]

PLAINTIFF'S AFFIDAVIT OF VENUE PURSUANT TO CALIFORNIA CIVIL CODE 1780(D)

11/22/2017: PLAINTIFF'S AFFIDAVIT OF VENUE PURSUANT TO CALIFORNIA CIVIL CODE 1780(D)

PLAINTIFF'S AFFIDAVIT OF VENUE PURSUANT TO CALIFORNIA CIVIL CODE 1780(D)

11/22/2017: PLAINTIFF'S AFFIDAVIT OF VENUE PURSUANT TO CALIFORNIA CIVIL CODE 1780(D)

COMPLAINT FOR: 1. VIOLATION OF THE CONSUMERS LEGAL REMEDIES ACT, CIVIL CODE 1750 ES SEQ. BY DRIVETIME AND BRIDGECREST ACCEPTANCE CORPORATION ;ETC

11/22/2017: COMPLAINT FOR: 1. VIOLATION OF THE CONSUMERS LEGAL REMEDIES ACT, CIVIL CODE 1750 ES SEQ. BY DRIVETIME AND BRIDGECREST ACCEPTANCE CORPORATION ;ETC

7 More Documents Available

 

Docket Entries

  • 05/22/2019
  • Docketat 08:30 AM in Department 24; Status Conference - Held - Continued

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  • 05/22/2019
  • DocketMinute Order ( (Status Conference)); Filed by Clerk

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  • 02/27/2019
  • Docketat 08:30 AM in Department 24; Hearing on Motion for Protective Order

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  • 12/10/2018
  • Docketat 08:30 AM in Department 24; Status Conference - Held - Continued

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  • 12/10/2018
  • DocketMinute Order ((Status Conference)); Filed by Clerk

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  • 10/02/2018
  • Docketat 08:30 AM in Department 24; Status Conference - Not Held - Advanced and Vacated

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  • 10/02/2018
  • DocketMinute order entered: 2018-10-02 00:00:00; Filed by Clerk

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  • 10/01/2018
  • Docketat 08:30 AM in Department 24; Court Order (Court Order; Court makes order) -

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  • 10/01/2018
  • DocketNOTICE OF STATUS CONFERENCE

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  • 10/01/2018
  • DocketNotice (of Status Conference); Filed by Drivetime Car Sales Company LLC (Defendant); Bridgecrest Acceptance Corporation (Defendant); Fidelity and Deposit Company of Maryland (Defendant)

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20 More Docket Entries
  • 12/01/2017
  • DocketMinute Order

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  • 12/01/2017
  • DocketMinute order entered: 2017-12-01 00:00:00; Filed by Clerk

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  • 11/30/2017
  • DocketPEREMPTORY CHALLENGE TO JUDICIAL OFFICER (CODE CIV. PROC ., 170.6)

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  • 11/30/2017
  • DocketChallenge To Judicial Officer - Peremptory (170.6); Filed by Nanci Sterling (Plaintiff)

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  • 11/22/2017
  • DocketPLAINTIFF'S AFFIDAVIT OF VENUE PURSUANT TO CALIFORNIA CIVIL CODE 1780(D)

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  • 11/22/2017
  • DocketComplaint; Filed by Nanci Sterling (Plaintiff); Rodney Kew (Plaintiff)

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  • 11/22/2017
  • DocketPLAINTIFF'S AFFIDAVIT OF VENUE PURSUANT TO CALIFORNIA CIVIL CODE 1780(D)

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  • 11/22/2017
  • DocketCOMPLAINT FOR: 1. VIOLATION OF THE CONSUMERS LEGAL REMEDIES ACT, CIVIL CODE 1750 ES SEQ. BY DRIVETIME AND BRIDGECREST ACCEPTANCE CORPORATION ;ETC

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  • 11/22/2017
  • DocketPLAINTIFFS' STATEMENT OF ACTUAL AND PUNITIVE DAMAGES [CODE OF CIV. PROC. 425.115]

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  • 11/22/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****4538    Hearing Date: November 07, 2019    Dept: 24

Defendants Drivetime Car Sales Company LLC, Bridgecrest Acceptance Corporation, and Fidelity and Deposit Company of Maryland’s petition to confirm the arbitration award is GRANTED.

On November 22, 2017, Plaintiffs Nanci Sterling and Rodney Kew filed a complaint against Defendants Drivetime Car Sales Company LLC, Bridgecrest Acceptance Corporation, and Fidelity and Deposit Company of Maryland. The complaint states six causes of action for: 1) violation of CLRA; 2) violation of the Song-Beverly Consumer Warranty Act; 3) violation of the UCL; 4) fraud and deceit; 5) negligent misrepresentation; and 6) violation of Veh. Code section 11711. The case was sent to arbitration

On July 19, 2019, Defendants filed a petition confirm the arbitration award issued in favor of Defendants for $14,427.33. No opposition or petition for vacating the award was filed.

Legal Standard

Any party to an arbitration may petition the court to confirm an arbitration award. (CCP ; 1285.) If a petition to confirm an arbitration award is duly served and filed, the court must confirm the award as made, unless the court corrects or vacates the award pursuant to a response to the petition or a petition to correct or vacate the award. (CCP ; 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818 [no authority to alter terms of award absent petition to correct].)

A petition to confirm an arbitration award must set forth the substance of or attach the arbitration agreement, include the name of the arbitrator, and set forth or attach a copy of the award and the written opinion of the arbitrator, if any. (CCP ; 1285.4.) The petition must be served no earlier than 10 days, but no later than 4 years, after service of the award on the petitioner. (CCP ;; 1288, 1288.4.)

Discussion

Here, Defendants provide a copy of the agreement to arbitrate, sets forth the names of the arbitrators, and sets forth the award for $14,427.33 against Plaintiffs. A copy of the award was served on Defendants on June 21, 2019. Defendants served Plaintiffs with the Notice of Hearing via mail on July 19, 2019. Since the hearing date is not earlier than 10 days, and no later than 4 years after the award was served, the petition is timely. No opposition or request to vacate the award was provided in response to the petition. Consequently, granting the petition is mandatory. Accordingly, Defendants’ motion is GRANTED.

Moving party is ordered to give notice.



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