What is a Motion to Compel Arbitration and Stay?

Useful Rulings on Motion to Compel Arbitration and Stay

Recent Rulings on Motion to Compel Arbitration and Stay

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THE CITIES OF DUARTE VS STATE WATER RESOURCES CONTROL BOARD AND CITY OF GARDENA VS REGIONAL WATER QUALITY CONTROL BOARD

Stay of Enforcement of Court’s Judgment The Court is inclined to stay enforcement of its judgment pending appeal. The Court is persuaded that the status quo should be maintained pending appeal so that any different relief granted by the Court of Appeal is not rendered illusory, and to avoid interfering with those parts of the Permit which may have been successfully implemented by some cities affected by the Permit.

  • Hearing

    Jun 20, 2021

JULIUS CLARK VS UNICAL AVIATION, INC.

.: 19STCV46721 Hearing Date: September 23, 2020 Defendant’s motion to stay the instant proceedings is GRANTED. On December 30, 2019, Julius Clark (Plaintiff), as an aggrieved employee and private attorney general, filed a PAGA claim against Unical Aviation (Defendant). Defendant now moves to stay this action. Legal Standards “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v.

  • Hearing

    Sep 23, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

HARVEY KREITENBERG, ET AL. VS MICHAEL ROSENBERG, ET AL.

Party: Plaintiffs Harvey Kreitenberg, Eli Krich, Yoseph Chazanow, Eli Chitrik, and Berel Wilhelm SUBJECT: (3) Motion to Quash Deposition Notices, Alternatively, to Stay the Depositions (Ministerios Christianos Guerreros De Jehova) Moving Party: Defendant Ministerios Cristianos Resp.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    other

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

For these reasons, Securitas’ motion to compel arbitration is GRANTED. Plaintiffs are ordered to arbitrate their causes of action against Securitas. The remainder of this action is ordered stayed pending the completion of arbitration. Securitas is to give notice. Conclusion Securitas’ motion to compel arbitration is GRANTED. Plaintiffs are ordered to arbitrate their causes of action against Securitas.

  • Hearing

    Sep 21, 2020

  • Type

    Contract

  • Sub Type

    Breach

CITY OF COSTA MESA V. NATIONAL THERAPEUTIC SERVICES, INC.

The franchisor requested a stay as it was defending against multiple federal actions brought by other franchisees raising similar claims. The trial court granted the stay. The court of appeal reversed: “where they support issuance of a stay, the assumption underlying most of these authorities is that the two related lawsuits are between the same or substantially identical parties” and that the other basis is for cases that are in rem. Id. at 136-38.

  • Hearing

    Sep 21, 2020

VELASQUEZ VS PROFESSIONAL COMMUNITY HEARING RE: MOTION TO/FOR BY SPECIALLY APPEARING DEF TO DISMISS OR IN THE ALTERNATIVE TO STAY ACTION PURSUANT TO FORUM BY PROFESSIONAL COMMUNITY MANAGEMENT OF

In response, PCM filed this motion to dismiss or stay based upon the grounds that Plaintiff executed two Nondisclosure Agreements that contain a clear forum selection clause requiring any lawsuit brought against PCM, arising from plaintiff's purported employment with PCM, to be litigated in the federal or state courts located in Dallas County, Texas.

  • Hearing

    Sep 21, 2020

LEV INVESTMENTS, LLC VS RUVIN FEYGENBERG, ET AL.

A stay of proceedings as to Plaintiff was issued on June 1, 2020 due to Plaintiff’s filing for bankruptcy. On June 15, 2020, Trustee and Kemel (moving parties) filed this motion to compel the depositions of Feygenberg, Leizerovitz, and Sensible. Moving parties also request that $8,610 in sanctions be ordered against Defendants and their counsel. II.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    other

ERNEST CUADRA VS FEDEX GROUND PACKAGE SYSTEM, INC., A DELAWARE CORPORATION, ET AL.

Based on those circumstances and in the interests of judicial economy, the court will exercise its discretion to order a stay of the instant action so long as those conditions continue to exist. If the class alleged is not certified involving substantially the same substantive claims, the court may determine to modify or lift the stay. As such, Fedex’s plea of abatement is denied but the motion for a stay is GRANTED.

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

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

JOHN BRECKENRIDGE, ET AL. VS PARK WELLINGTON OWNERS' ASSOCIATION

Plaintiffs contend that to address any potential question or argument regarding the stay in effect in this matter due to the pending appeal, Plaintiffs intended to file a motion to support the stay, however, due to the COVID-19 pandemic, Plaintiffs were unable to file such a motion without a hearing date and reservation ID.

  • Hearing

    Sep 21, 2020

SHAUNA JOYCE MORGAN, ET AL. VS MAGDALENA GUTIERREZ, ET AL.

On September 17, 2019, a “Notice of Stay of Proceedings” was filed as to H. Osorio. On December 17, 2019, an “Order and Notice of Dismissal Arising from Chapter 13 Confirmation Hearing” was filed. On January 27, 2020, a “Notice of Termination of Modification of Stay” was filed. On August 28, 2020, H. Osorio’s default was entered.[1] A Case Management Conference and an Order to Show Cause Re: Failure to Proceed with Default Judgment are set for September 21, 2020.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    other

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

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

A motion to compel arbitration or stay proceedings must state verbatim the provisions providing for arbitration or must have a copy of them attached. (Cal. Rules of Court, rule 3.1330.) A party may demonstrate express acceptance of the arbitration agreement in order to be bound (e.g., Mago v. Shearson Lehman Hutton Inc. (9th Cir. 1992) 956 F.2d 932 [agreement to arbitrate included in job application]; Nghiem v.

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

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

., Case No. 20STCV15235 Tentative Ruling re: Defendants’ Motion to Compel Arbitration Defendants Sharon Care Center, LLC (Sharon Care); Genesis Healthcare, LLC (Genesis); New Generation Health, LLC (New Generation); Zlaty Klein (Klein); and Holly Ianieri (Ianieri) move to compel Plaintiff to arbitration. The motion is granted. The Court finds that a valid arbitration agreement exists and that the parties delegated the question of arbitrability to the arbitrator.

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

IAN CAMPBELL VS PYLE IRREVOCABLE TRUST ET AL

Therefore, the defaults were not entered in violation of the automatic stay, and Defendant disavows that he is making a renewed application for relief from default on the ground that the Court had given him until December 15, 2010 to renew his motion and the automatic stay began November 30, 2010. In any event, both defaults were entered well before the automatic stay was in place. Likewise, the entry of default judgment occurred after the stay was lifted.

  • Hearing

    Sep 21, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

SHAUNA JOYCE MORGAN, ET AL. VS MAGDALENA GUTIERREZ, ET AL.

Osorio must be vacated, due to the automatic stay provision of 11 U.S.C. § 362. Plaintiff is instructed to re-file a “Request for Entry of Default (CIV-100)” forthwith. (“CRC”) Rule 3.1800(a)(1).

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    other

KRISTA LYNN TAYLOR VS LISA HANKIN

The Court DENIES Defendant’s motion to require Plaintiffs to provide an undertaking to stay enforcement of award of attorney’s fees and costs during appeal.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ALCOR LIFE EXTENSION FOUNDATION VS KARL E PILGERAM ET AL

A stay will also greatly reduce the risk of inconsistent rulings or judgments. Finally, it makes sense to stay the proceedings pending resolution of Karl’s settlement motion. The current action is ordered stayed until October 23, 2020.

  • Hearing

    Sep 18, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JOHN J STEF VS PUEBLO RADIOLOGY MEDICAL GROUP INC ET AL

Defendant attached the billing records to its reply papers, and provided the explanation for why they were not provided with the original motion, which related to the difficulties in obtaining and editing hard copies of the billing records, given the fact that the required personnel were working remotely, in compliance with the Governor’s stay-at-home order.

  • Hearing

    Sep 18, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

ALCOR LIFE EXTENSION FOUNDATION VS KARL E PILGERAM ET AL

Nature of Proceedings: Motion for Stay Tentative not yet posted, please check again.

  • Hearing

    Sep 18, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

CLARK VS. QASSEM

Seterus filed a motion for relief from the automatic stay in the bankruptcy case, which the bankruptcy court granted. (UMF 15, 16.) Seterus’s policy for secured loans in bankruptcy is to contract the bankruptcy debtor’s attorney to request permission to secure and maintain the property. (UMF 17.) However, Seterus has an additional policy that if a property in bankruptcy is occupied, Seterus cannot take any action toward that property. (UMF 19.)

  • Hearing

    Sep 18, 2020

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

SALVADOR DELGADILLO, ET AL. VS CARLOS P CASIM, ET AL.

Plaintiffs allege on March 3, 2017, Plaintiff Salvador Delgadillo entered into a contract with Defendant Avalon View Homes, Inc. to stay at their residential care facility. Prior to admission, Plaintiffs allege, Defendants knew about Mr. Delgadillo’s medical history which included bipolar disorder, Parkinson’s disease, recurrent falls, and fevers. Plaintiffs further allege on September 23, 2017, Mr. Delgadillo was on his way to the bathroom when he suffered a preventable fall.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

MARINA HABA VS VICINO LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, ET AL.

REQUEST FOR JUDICIAL NOTICE Cross-Complainant requests this court take judicial notice of: (1) Joint Stipulation to resolve: (1) Motion for Relief from Stay; (2) Motion to Dismiss; and (3) Provide Releases by Debtor and Marina Haba (Exh. A); (2) Motion for an Order Approving Rule 9019 Settlement and Stipulation; Memorandum of Points and Authorities, and Declaration of Joe Wallace in Support Thereof (Exh.

  • Hearing

    Sep 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

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

OA ACQUISITIONS, LLC, et. al. (20STCV15276) Counsel for Plaintiff/opposing party: Peter Anderson, Heather Canner (Davis Wright Tremaine LLP) Counsel for Defendant/moving party OA Acquisitions LLC: Vincent Ravine, Kyle Rambeau Motion TO COMPEL ARBITRATION (filed 6/2/2020) The court GRANTS the motion and compels the parties to arbitration. The court sets a post-arbitration status conference on _______________________.

  • Hearing

    Sep 18, 2020

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