What is an arbitration agreement?

Useful Rulings on Arbitration Agreement

Recent Rulings on Arbitration Agreement

ROBERT TREMATERRA VS RPM MORTGAGE INC.

Defendant moves to compel arbitration based on the arbitration agreement plaintiff signed, which is attached to Katrina Merritt’s declaration as exhibit 1. Merritt’s declaration and the exhibits attached thereto establish the existence of a valid arbitration agreement. Plaintiff filed no opposition to this motion. Therefore, defendant’s motion to compel arbitration is granted. This action is ordered stayed pending the outcome of the arbitration. The court will set an OSC re arbitration completion.

  • Hearing

    Jul 16, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

MARK DORIA VS BMW NORTH AMERICA, LLC, ET AL.

] #7 TENTATIVE ORDER Defendant BMW OF NORTH AMERICA, LLC’s Motion to Compel Arbitration is CONTINUED to Thursday, October 1, 2020 at 1:30 p.m. in Dept. SE-C. Moving Party to give notice.

  • Hearing

    Jul 16, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

CLM FINANCIAL SERVICES, INC. VS LILIANA ARRIAGA FRANCO, ET AL.

PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS (CCP §§ 1281.2, et seq., 638) TENTATIVE RULING: Petitioner CLM Financial Services, Inc’s Petition to Compel Arbitration is CONTINUED TO OCTOBER 14, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. ANALYSIS: Petitioner CLM Financial Services, Inc. (“Petitioner”) filed the instant verified Petition to Compel Arbitration against Respondents Liliana Arriaga Franco and Tizoc Valencia (“Respondents”) on January 2, 2020.

  • Hearing

    Jul 15, 2020

AMERICAN CINEMA INTERNATIONAL, INC. VS HANNIBAL CLASSICS, INC.

The court may not confirm an award without first finding the parties agreed in writing to arbitrate their dispute, unless a judicial determination of the issue has already been made (e.g., by a court considering a petition to compel arbitration).” (Toal v. Tardif (2009) 178 Cal.App.4th 1208, 1220.) On December 20, 2019, Hannibal Classics, Inc. filed a response to the petition.

  • Hearing

    Jul 15, 2020

ROGUE APPAREL GROUP, INC. VS COULTER VENTURES, LLC D/B/A ROGUE FITNESS

(Rule 47(d)(ii) of the AAA Commercial Rules authorizes “an award of attorneys’ fees if all parties have requested such an award or it is authorized by law or their arbitration agreement.”[1] First, Petitioner contends that an award of attorney fees is not authorized because both parties did not request such an award.

  • Hearing

    Jul 15, 2020

MIGUEL VIDEZ, ET AL VS. 7251 MILWOOD AVE, INC.

Because there has been a failure to establish that there was an arbitration agreement, the terms of the agreement and the assent of the defendants to the agreement, the motion is DENIED.

  • Hearing

    Jul 15, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ALEXIS BULLOCK VS CEDARS-SINAI MEDICAL CENTER, ET AL.

Motion to Compel Arbitration Defendants move to compel arbitration on the grounds that plaintiff signed a valid, enforceable arbitration agreement. Governing Law The FAA governs contractual arbitration in written contracts involving interstate commerce. (9 U.S.C. § 2). The words “involving commerce” signal an intent to exercise Congress’s commerce power to the full. (Citizens Bank v. Alafabco, Inc. (2003) 539 U.S. 52, 56.)

  • Hearing

    Jul 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

NICK HERNANDEZ VS COMMERCIAL CLEANING SYSTEMS, ET AL.

Conclusion Defendants’ petition to compel arbitration is granted.

  • Hearing

    Jul 15, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

JEFFREY FRASCO, ET AL. VS DOMAEN LTD., A CALIFORNIA CORPORATION, ET AL.

The party moving to compel arbitration must establish the existence of a written arbitration agreement between the parties. (Code of Civ. Proc. § 1281.2.) The petition to compel arbitration functions as a motion and is to be heard in the manner of a motion, i.e., the facts are to be proven by affidavit or declaration and documentary evidence with oral testimony taken only in the court's discretion. (Cal. Code Civ. Proc., §1290.2; Rosenthal v. Great Western Fin.

  • Hearing

    Jul 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

DAVID SCHNEIDER VS MAURICE PESSAH

PETITION TO COMPEL ARBITRATION AND STAY PROCEEDINGS (CCP §§ 1281.2, et seq., 638) TENTATIVE RULINGPetitioner David Schneider’s Petition to Compel Arbitration is GRANTED. The court selects Steven Spile, Esq. to arbitrate the proceeding. Post Arbitration Status Conference set for March 24, 2020 10:00 a.m. ANALYSIS: Petitioner David Schneider (“Petitioner”) filed the instant Petition to Compel Arbitration against Respondent Maurice Pessah (“Respondent”) on October 9, 2019.

  • Hearing

    Jul 15, 2020

IMEG CORP VS SUNIL PATEL

Demurrer/Motion To Dismiss Per the motion to compel arbitration and the demurrer/motion to dismiss, this motion need not be considered if the Court grants the motion to compel arbitration. Because the Court has granted the motion to compel arbitration and to stay this action, the demurrer/motion to dismiss is placed OFF-CALENDAR AS MOOT. Motion To Compel Deposition Patel’s Evidentiary Objections Declaration of Scott R. Commerson No. 1: OVERRULED. Objections do not apply to entire declaration.

  • Hearing

    Jul 15, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

RANCHO NUEVO HARVESTING, INC. V. MELONCO, LLC

Continental Airlines, Inc. (1997) 59 Cal.App.4th 205, 212 [there is no single test for waiver, although moving party’s right to compel arbitration is not foreclosed by merely participating in litigation as long as the nonmoving party is not prejudiced]; see also St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1196 [listing factors in the waiver determination, evaluated on a case by case basis]; Adolph v.

  • Hearing

    Jul 14, 2020

GELLER VS NEST LABS INC

The defendant’s petition to compel arbitration is granted as to the third cause of action and denied as to the first and second causes of action, unless the plaintiff asks for a continuance in order to respond to the evidence submitted with the defendant’s reply memorandum. The defendant shall file and serve a responsive pleading as to the first and second causes of action within 15 days of the date of the hearing.

  • Hearing

    Jul 14, 2020

JOE E. VERNON VS MARIO SANFORD, ET AL.

Discussion Service of the Petition and Notice of Hearing Code of Civil Procedure, section 1290.4 requires the Petition and Notice of Hearing to be served on Respondents “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ.

  • Hearing

    Jul 14, 2020

STILLWELL MADISON, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS GIRARDI & KEESE, A CALIFORNIA GENERAL PARTNERSHIP, ET AL.

On August 7, 2019, Defendants moved to compel arbitration of Stillwell’s claims. On January 13, 2020, the court in the Arizona Action denied Defendants’ motion to compel without prejudice. On January 24, 2020, Defendants filed a renewed motion to compel arbitration.

  • Hearing

    Jul 14, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

SALEM VS SD GLOBAL DEVELOPMENT INC [E-FILE]

Defendant SD Global Development, Inc. dba New Vision Building and Design's petition to compel arbitration is granted. 9 U.S.C. §2. SDG seeks to compel arbitration pursuant to an arbitration clause in the agreement between SDG and Plaintiff. The arbitration clause provides as follows: 24.

  • Hearing

    Jul 14, 2020

  • Type

    Complex

  • Sub Type

    Writ

STEVEN JONES V. GARY CONWAY, ET AL.

Defendants’ motion to compel arbitration and motion to stay the proceedings are granted.

  • Hearing

    Jul 14, 2020

BUNDIT APITCHATWOOT VS ALLSTATE INSURANCE COMPANY

Discussion Service of the Petition and Notice of Hearing Code of Civil Procedure, section 1290.4 requires the Petition and Notice of Hearing to be served on Respondents “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ.

  • Hearing

    Jul 14, 2020

MARIA TERESA JUAREZ-RIVERA VS JESUS PLASCENCIA, ET AL.

Legal Standard “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) [t]he right to compel arbitration has been waived by the petitioner; or (b) [g]rounds exist for the revocation of the agreement

  • Hearing

    Jul 14, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

MASHIAN LAW GROUP, APC VS MOJGAN BOODAIE

Code of Civil Procedure, section 1290.4 states, in pertinent part: “(a) A copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.

  • Hearing

    Jul 14, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

DURRANT VS ALLEN & DURRANT CORP

Plaintiff further asserts that the necessary inclusion of these new parties, who are not subject to the arbitration agreement, triggers the provisions of CCP §1281.2(c), which would require the denial of arbitration. Plaintiff now seeks to voluntarily dismiss the 8th cause of action against Defendant Sipera for breach of the Shareholder Agreement, which contained the contractual obligation to arbitrate.

  • Hearing

    Jul 14, 2020

MARYAM S. ERSHADI VS BMW OF NORTH AMERICA, LLC, ET AL.

Legal Standard for Arbitration On a motion to compel arbitration, the moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. The burden then shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413-414; Hotels Nevada v. L.A.

  • Hearing

    Jul 14, 2020

GEORGE GEORGALLIDIS VS HOUCK CONSTRUCTION, INC., ET AL.

The Instant Petition to Compel Arbitration Defendants filed a petition to compel arbitration of all the causes of action asserted against them pursuant to the arbitration agreement in the Contract. Defendants request that this action be dismissed or, in the alternative, stayed pending arbitration. Defendants seek attorneys’ fees in connection with their petition to compel arbitration in the amount of $14,970.50.

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

OSCAR RUIZ VS PERSONNEL STAFFING GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY, ET AL.

.: 19STCV37407 Hearing Date: July 13, 2020 Defendant Pirate Staffing’s motion to compel arbitration is GRANTED.

  • Hearing

    Jul 13, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SUSHI BEAR, INC. VS. THE ONE SOLUTIO

Defendants may have leave to file a Motion to Compel Arbitration.

  • Hearing

    Jul 13, 2020

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