What is a Motion to Compel Arbitration?

Useful Rulings on Motion to Compel Arbitration

Recent Rulings on Motion to Compel Arbitration

CERTAIN UNDERWRITTERS AT LLOYDS' SUBSCRIBING TO COVER NOTE B0509MARCR1900001, ET AL. VS APEX LOGISTICS INTERNATIONAL, INC., A CORPORATION, ET AL.

One of the nursing facilities petitioned to compel arbitration only as to certain causes of action, and its petition was denied by the trial court in part due to the risk of inconsistent rulings pursuant to Code of Civil Procedure, section 1281.2, subdivision (c). (Id.)

  • Hearing

    Sep 21, 2020

  • Type

    Contract

  • Sub Type

    Breach

MARITZA GARCIA VS TRINET HR II HOLDINGS, INC., A DELAWARE CORPORATION, ET AL.

“Code of Civil Procedure section 1281.2 requires a trial court to grant a petition to compel arbitration ‘if the court determines that an agreement to arbitrate the controversy exists.’” (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59, quoting Code Civ. Proc., § 1281.2.) Accordingly, “when presented with a petition to compel arbitration, the court’s first task is to determine whether the parties have in fact agreed to arbitrate the dispute.” (Ibid.)

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

CAMPUZANO VS. CONTRERAS

Due to the extended court holiday and related scheduling delays, Defendants’ motion to compel arbitration and stay litigation has been set for 11/9/20. The motion was served on 5/8/20. “The filing of a petition to compel arbitration does not automatically stay ongoing proceedings; the party seeking arbitration must request one.” OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 140. “A right to compel arbitration is not ... self-executing.

  • Hearing

    Sep 21, 2020

CAMPUZANO VS. CONTRERAS

Due to the extended court holiday and related scheduling delays, Defendants’ motion to compel arbitration and stay litigation has been set for 11/9/20. The motion was served on 5/8/20. “The filing of a petition to compel arbitration does not automatically stay ongoing proceedings; the party seeking arbitration must request one.” OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 140. “A right to compel arbitration is not ... self-executing.

  • Hearing

    Sep 21, 2020

CYNTHIA FLORES VS SHARON CARE CENTER, LLC, A LIMITED LIABILITY COMPANY, ET AL.

Proc. §1281.2, subds. (a), (b).) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) Such enforcement may be sought by a party to the arbitration agreement. (Code Civ. Proc., § 1280, subd. (e)(1).)

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ALFONSO VARILLAS VS E & E RISTORANTE GROUP, INC, ET AL.

E and E now moves to compel arbitration and for an order to stay the instant action pending completion of arbitration. Plaintiff opposes the motion. “California law reflects a strong public policy in favor of arbitration as a relatively quick and inexpensive method for resolving disputes. To further that policy, Code of Civil Procedure, section 1281.2 requires a trial court to enforce a written arbitration agreement unless one of three limited exceptions applies.

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

SEED BEAUTY, LLC, ET AL. VS KKW BEAUTY, LLC, FORMERLY KKW BEAUTY, INC.

On the same date, the Court also granted Defendant’s motion to seal: (1) portions of Defendant’s opposition to Plaintiffs’ ex parte application for a TRO and order to show cause re preliminary injunction; and (2) portions of Defendant’s motion to compel arbitration. The Court issued a TRO on June 26, 2020 and scheduled an order to show cause why a preliminary injunction should not be issued for September 24, 2020.

  • Hearing

    Sep 18, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

KEC VS. R.J. REYNOLDS TOBACCO COMPANY

Pursuant to the Court of Appeal’s Opinion filed on June 19, 2020, for which the Remittitur was issued on September 11, 2020, this court hereby vacates its June 7, 2019 order granting defendants’ motion to compel arbitration, and enters a new order denying the motion in its entirety. Plaintiff is ordered to give notice unless notice is waived.

  • Hearing

    Sep 18, 2020

ARMEN MANSSOURIAN VS BMW OF NORTH AMERICA, LLC, ET AL.

Motions to Compel Arbitration On May 28, 2020, BMWNA and PBMW each filed a motion to compel arbitration of Plaintiff’s claims and staying the action pending the completion of the arbitration. On September 4, 2020, Plaintiff filed oppositions to each of the motions. On September 11, 2020, Defendants filed a notice of new authority, Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486. On September 14, 2020, Plaintiff filed belated evidentiary objections to Defendants’ evidence in support of the motions.

  • Hearing

    Sep 18, 2020

  • County

    Los Angeles County, CA

FRANKIE PENNELOPE WRIGHT VS LQ MANAGEMENT, LLC, ET AL.

As such, the motion to compel arbitration is DENIED.

  • Hearing

    Sep 18, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

THE FILM ARCADE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS OA ACQUISITIONS LLC, A NEW YORK LIMITED LIABILITY COMPANY, ET AL.

Generally, on a petition to compel arbitration, the court must grant the petition unless it finds either (1) no written agreement to arbitrate exists; (2) the right to compel arbitration has been waived; (3) grounds exist for revocation of the agreement; or (4) litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Cal. Code Civ. Proc., § 1281.2; Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218-219.)

  • Hearing

    Sep 18, 2020

JIEYUN CUI VS CHUN-NAN LO, ET AL.

On July 23, 2019, the hearing on the writ of attachment was advanced and continued to be heard on September 20, 2019, a date after the hearing on a motion to compel arbitration brought by defendants Chun Non Lo, PID-5 and Pacificland International Development, Inc. The motion to compel arbitration was heard on August 30, 2019, and was granted. The case was ordered stayed. The writ of attachment was called for hearing on June 26, 2020.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SEED BEAUTY, LLC, ET AL. VS COTY, INC., ET AL.

On July 9, 2020, Kylie filed this motion to seal: (1) Kylie’s opposition to Plaintiffs’ ex parte application for a Temporary Restraining Order (TRO) and order to show cause re preliminary injunctions (opposition to TRO application); (2) Michael Rhodes’ declaration and accompanying exhibits in support of Kylie’s opposition to Plaintiffs’ TRO application (Rhodes’ declaration); (3) Kylie’s motion to compel arbitration; (4) Kylie’s ex parte application to stay pending determination of its motion to compel arbitration

  • Hearing

    Sep 18, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

LESSIE ADAMS, AN INDIVIDUAL VS SULLIVAN MOTOR CARRS, LLC, A LIMITED LIABILITY COMPANY, ET AL.

Under Code of Civil Procedure section 1281.97, subdivision (a), where a consumer arbitration requires the drafting party to pay certain fees and costs before the arbitration can proceed, and the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives the right to compel arbitration.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ANTHONY FIORIN, TRUSTEE OF THE FIORIN FAMILY TRUST, U/A DATED OCTOBER 14, 2017 VS BOBAK PARTIAL, ET AL.

.: 19BBCV00542 Hearing Date: September 18, 2020 (cont. from September 4, 2020) [TENTATIVE] order RE: motion to compel arbitration AT JAMS On January 17, 2020, the Court granted Defendant Bobak Partial’s (“Partial”) motion to compel Plaintiff Anthony Fiorin, Trustee of the Fiorin Family Trust, U/A dated October 14, 2017 (“Plaintiff”) to arbitrate its claims against Partial. The remainder of the action was stayed pending the resolution of the arbitration.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • County

    Los Angeles County, CA

YOUNG N. LEE VS BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

MOTION TO COMPEL ARBITRATION Date: 9/18/20 (2:00 PM) Case: Young N. Lee v. BMW of North America LLC et al.(20GDCV00077) TENTATIVE RULING: Defendants’ Motion to Compel Arbitration and Stay All Proceedings is GRANTED. In this motion, defendants SAI Monrovia B, Inc. (“Monrovia BMW”), the dealership that sold the car at issue, and BMW of North America, LLC (“BMW NA”), the manufacturer of the car at issue, seek to compel arbitration of plaintiff Young N. Lee’s claims against both defendants.

  • Hearing

    Sep 18, 2020

  • Type

    Contract

  • Sub Type

    Breach

KEC VS. R.J. REYNOLDS TOBACCO COMPANY

Pursuant to the Court of Appeal’s Opinion filed on June 19, 2020, for which the Remittitur was issued on September 11, 2020 this court hereby vacates its June 7, 2019 order granting defendants’ motion to compel arbitration, and enters a new order denying the motion in its entirety. Plaintiff is ordered to give notice unless notice is waived.

  • Hearing

    Sep 18, 2020

ZAKIR SARANG VS FOX RENT A CAR, INC., ET AL.

The right to arbitration depends upon contract; a petition to compel arbitration is simply a suit in equity seeking specific performance of that contract. (Marcus & Millichap Real Estate Inv. Brokerage Co. v. Hock Inv. Co. (1998) 68 Cal.App.4th 83, 88.) When presented with a petition to compel arbitration, the trial court's first task is to determine whether the parties have in fact agreed to arbitrate the dispute. (Id.) “Rosenthal v. Great Western Fin.

  • Hearing

    Sep 18, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ALEX GHASSEMIEH VS FERRARI NORTH AMERICA, INC., ET AL.

“Code of Civil Procedure section 1281.2 requires a trial court to grant a petition to compel arbitration ‘if the court determines that an agreement to arbitrate the controversy exists.’” (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59, quoting CCP, § 1281.2.) Accordingly, “when presented with a petition to compel arbitration, the court’s first task is to determine whether the parties have in fact agreed to arbitrate the dispute.” (Ibid.)

  • Hearing

    Sep 17, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

VERGARA VS ANCHOR GENERAL INSURANCE AGENCY INC [E-FILE]

The Court will hear the motion to compel arbitration set in January, 2021 and, if the Court denies the request to arbitrate, the Court will consider a renewed motion consolidate for all purposes.

  • Hearing

    Sep 17, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

BAINBRIDGE CAPITAL INC VS VOLT MANAGEMENT CORP

s Motion to Compel Arbitration with Plaintiff and Dismiss or in the Alternative Stay the Action as to Volt is CONTINUED to September 25, 2020 at 8:30 a.m. in Department 65 on the court's own motion. (ROA 25.) The court observes there are multiple discovery motions set for future dates in this case. The court orders the parties to schedule an Informal Discovery Conference before filing any further discovery motions.

  • Hearing

    Sep 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

TENSELY ANDREWS VS BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Rice (1) Motions to Compel Arbitration Moving Party: Defendants BMW North America, LLC (BMW) and SAI Long Beach, Inc., dba Long Beach BMW-Mini (SAI) Responding Party: Plaintiff Tensley Andrews Ruling: Both defendants’ motions to compel arbitration and stay this action are granted. Motions to Compel Arbitration Defendants SAI and BMW each filed a motion to compel arbitration. Both motions are based on the same lease agreement and are addressed below.

  • Hearing

    Sep 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

RODRIGUEZ VS WALTER K NAHM MD PHD INC

TENTATIVE RULING: Defendants' Motion to Compel Arbitration and to Stay Pending Action is GRANTED.

  • Hearing

    Sep 17, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

RAMOS-MOTOS VS CITIBANK NA

Accordingly, defendant's motion to compel arbitration is denied. Plaintiff's objections to defendant's evidence is overruled.

  • Hearing

    Sep 17, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

LORI SAMMIS VS BRIDGESTONE AMERICAS, INC.

Moving Defendant also filed a motion to stay and seeks to stay proceedings pending: (1) the determination of the motion to compel arbitration; and (2) completion of arbitration proceedings. The Court will first address the motion to compel arbitration and will then address Moving Defendant’s motion to stay.

  • Hearing

    Sep 17, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

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