What is a Motion to Compel Arbitration?

Useful Rulings on Motion to Compel Arbitration

Recent Rulings on Motion to Compel Arbitration

MOHAWK WESTERN PLASTICS, INC.A CALIFORNIA CORPORATION VS REVEL ENERGY, LLC., A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Generally, on a motion to compel arbitration, the court must grant the motion 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. (Code Civ. Proc., § 1281.2; Condee v. Longwood Management Corp. (2001) 88 Cal.App.4th 215, 218-219.)

  • Hearing

    Dec 04, 2020

SITRICK GROUP, LLP VS I3 BRANDS, INC.

PETITION TO COMPEL ARBITRATION IS GRANTED. Background On October 1, 2020, Petitioner Sitrick Group, LLC filed the instant petition to confirm arbitration award naming as respondent i3 Brands, Inc. The petition seeks to confirm the arbitration award issued on September 17, 2020 in the amount of $46,578.61. Legal Standard Per CCP § 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.

  • Hearing

    Dec 03, 2020

CABAYAN VS HASSEN, ET AL.

., A BUSINESS * TENTATIVE RULING: * Reallaw, APC’s motion to compel arbitration and stay proceedings is denied. See Line 12.

  • Hearing

    Dec 02, 2020

CABAYAN VS HASSEN, ET AL.

HEARING ON MOTION TO/FOR COMPEL ARBITRATION & STAY FURTHER PROCEEDINGS FILED BY JEFFER MANGELS BUTLER & MITCHELL, LLP, * TENTATIVE RULING: * Defendants Jeffer Mangels Butler & Mitchell LLP and Michael Jr. Hassen’s Motion to Compel Arbitration and Stay Further Proceedings is denied. Background Plaintiff is suing his former attorney and the law firm for professional negligence.

  • Hearing

    Dec 02, 2020

FENNER VS TOLL BROTHERS, INC.,

HEARING ON MOTION TO/FOR COMPEL ARBITRATION FILED BY TOLL BROTHERS, INC., TOLL BROTHERS REAL ESTATE, INC., SHAPELL * TENTATIVE RULING: * Continued by stipulation to 1/20/21 at 9:00 am.

  • Hearing

    Dec 02, 2020

PAMELA DIANNE SIMPSON VS JACOB LEMUS

In BC718932, on November 6, 2020, Defendant Downey Wholesale, Inc. filed a motion to consolidate pursuant to California Code of Civil Procedure section 1281.2. In BC718932, trial is set for June 30, 2021. In 19STCV1234, trial is set for August 18, 2021. PARTY’S REQUEST Defendant Downey Wholesale, Inc. asks the Court to consolidate BC718932with 19STCV1234 because the actions arise from the same automobile collision.

  • Hearing

    Dec 02, 2020

NITA DIXIT, D.D.S. VS LOUISE G MANDELL, , PERSONAL REPRESENTATIVE OF MICHAEL L. MANDELL, DECEASED (TRUST ADMINISTRATION OF THE MANDELL FAMILY TRUST

20STCV23244 NITA DIXIT, D.D.S. vs LOUISE G MANDELL Cross-Defendant’s Motion to Compel Arbitration and Demurrer with Motion to Strike TENTATIVE RULINGS: (1) The motion to compel arbitration is DENIED; (2) the demurrer to the 1st and 2nd causes of action is OVERRULED; the demurrer to the 3rd cause of action for negligence is SUSTAINED WITHOUT LEAVE TO AMEND; (3) the motion to strike is DENIED. Motion to Compel Arbitration Cross-Complainant’s evidentiary objections are SUSTAINED.

  • Hearing

    Dec 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

PATRYCE COUNTS VS AURORA CHARTER OAK - LOS ANGELES, LLC

Code of Civil Procedure section 1281.2 provides that arbitration may not be compelled if the Court finds that the right to compel arbitration has been waived. ((See Lewis v.

  • Hearing

    Dec 02, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ARMANAK BAGRAMYAN VS SIAMAK KALHOR ET AL

On 3/12/20, the Court heard the motion to compel arbitration. The Court struck the 3/02/20 amended complaint, as it was filed improperly without leave of court. The Court granted the motion to compel arbitration. On 3/23/20, Plaintiff filed a motion for leave to amend the complaint and a motion to reconsider the 3/12/20 order granting the motion to compel arbitration.

  • Hearing

    Dec 01, 2020

CAVALRY SPV I LLC VS SOTOA

Where there is a binding arbitration agreement absent the grounds provided in Code of Civil Procedure section 1281.2, the court must compel arbitration and stay the action until arbitration is completed. (Code of Civil Procedure § 1281.2; A.D. Hoppe Co. v. Fred Katz Construction Co. (1967) 249 Cal.App.2d 154, 159.) C. The court is mindful that defendant represents herself. However, her status as a party appearing in propria persona does not provide a basis for preferential treatment.

  • Hearing

    Dec 01, 2020

  • Type

    Collections

  • Sub Type

    Collections

FRANCISCO ARECHIGA VS HARBOR FREIGHT TOOLS USA, INC., A CALIFORNIA CORPORATION

“It is well established that a court will not grant a petition to compel arbitration filed pursuant to Code of Civil Procedure section 1281.2 if the subject matter to be arbitrated is not within the scope of the arbitration agreement. [Citation.] Generally, a court will look to the arbitration agreement itself to determine its scope.” (United Teachers of Los Angeles v. Los Angeles Unified School Dist. (2012) 54 Cal.4th 504, 516.)

  • Hearing

    Dec 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

SHIMSHON BENTOLILA VS BIRD RIDES INC

Defendant Bird Rides, Inc.’s Motion to Compel Arbitration is GRANTED in part and DENIED without prejudice in part. The court grants the motion with respect to Plaintiff’s claims against Defendant Bird Rides, Inc. and denies the motion without prejudice as to Plaintiff’s claims against Defendant City of Santa Monica. In this action, Plaintiff Shimson Bentolila alleges he was injured while using a scooter provided by Defendant Bird Rides, Inc.

  • Hearing

    Dec 01, 2020

SHIMSHON BENTOLILA VS BIRD RIDES INC

Defendant Bird Rides, Inc.’s Motion to Compel Arbitration is GRANTED in part and DENIED without prejudice in part. The court grants the motion with respect to Plaintiff’s claims against Defendant Bird Rides, Inc. and denies the motion without prejudice as to Plaintiff’s claims against Defendant City of Santa Monica. In this action, Plaintiff Shimson Bentolila alleges he was injured while using a scooter provided by Defendant Bird Rides, Inc.

  • Hearing

    Dec 01, 2020

CAVALRY SPV I LLC VS SOTOA

Where there is a binding arbitration agreement absent the grounds provided in Code of Civil Procedure section 1281.2, the court must compel arbitration and stay the action until arbitration is completed. (Code of Civil Procedure § 1281.2; A.D. Hoppe Co. v. Fred Katz Construction Co. (1967) 249 Cal.App.2d 154, 159.) C. The court is mindful that defendant represents herself. However, her status as a party appearing in propria persona does not provide a basis for preferential treatment.

  • Hearing

    Dec 01, 2020

  • Type

    Collections

  • Sub Type

    Collections

FRANK ORTEGA VS WHEELS FINANCIAL GROUP, LLC

Rice (1) Defendant’s Motion to Compel Arbitration Moving Party: Defendant Wheels Financial Group, LLC Responding Party: Plaintiff Frank Ortega Ruling: Defendant’s motion to compel arbitration is granted. This action is stayed pending resolution of arbitration. Even where the FAA governs the interpretation of arbitration clauses, California law governs whether an arbitration agreement has been formed in the first instance. (Baker v. Osborne Development Corp. (2008) 159 Cal.App.4th 884, 893.)

  • Hearing

    Dec 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

REDWAN V. SUNRUN, INC.

., to Compel Arbitration Tentative Ruling: To deny. Explanation: Pursuant to Code of Civil Procedure section 1013b, the moving party is required to submit an affidavit to the court of proper e-service. Here, the moving party has not complied with the service requirement and such failure renders the motion defective. Defendant did file proofs of e-service with the moving papers on August 17 and 18, 2020.

  • Hearing

    Nov 30, 2020

LAROME BROWNLEE VS PUBLIC STORAGE,A MARYLAND 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

    Nov 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

JOSEPH GRESSIS VS CORPORATE MANAGEMENT SERVICES, INC.

Because Defendant did not make this showing, the Court granted its motion to compel arbitration pursuant to the CAA, not the FAA. As such, even if the FAA does preempt the CCP sections 1281.98 and 1281.99, the preemption is irrelevant because Defendant never demonstrated that the FAA applies and the Court sent the case to arbitration pursuant to the CAA. 4.

  • Hearing

    Nov 30, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

HILBERT MONTIAGUE VS CFHS HOLDINGS, INC.

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

    Nov 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

NICOLE JENNIFER BASTIDAS VS CITY OF LOS ANGELES, A PUBLIC ENTITY, ET AL.

LEGAL STANDARD California Code of Civil Procedure section 1281.2, permits a party to file a petition to request that the Court order the parties to arbitrate a controversy. Under section 1281.2, a party is permitted to file a motion to request an order directing the parties to arbitrate a controversy. Section 1281.2 also states that the Court may grant the motion if the Court determines that an agreement to arbitrate the controversy exists.

  • Hearing

    Nov 25, 2020

BRENDA JANETTE CHAVEZ , ET AL. VS RPL TRUCKING INC., ET AL.

Trucking, Inc. filed a motion to consolidate pursuant to California Code of Civil Procedure section 1281.2. In 20STCV11203, trial is set for September 17, 2021. In 20STCV13673, trial is set for October 6, 2021. PARTY’S REQUEST Defendant R.P.L. Trucking, Inc. asks the Court to consolidate 20STCV11203 with 20STCV13673 because the actions arise from the same automobile collision.

  • Hearing

    Nov 25, 2020

MH PILLARS LTD VS PAYMENTWORLD LIMITED ET AL

Defendants filed a motion to compel arbitration under the Agreement, which the Court granted. All claims asserted against Defendants were compelled to arbitration. The Current Motion Defendants filed a renewed motion (the “Motion”) to vacate the resulting arbitration award (the “Arbitration Award”). The Motion is made on the grounds that: (1) the arbitrator exceeded his authority by issuing an order pursuant to an illegal contract; and (2) the Arbitration Award was procured by fraud or undue means.

  • Hearing

    Nov 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JUAN CARLOS RODRIGUEZ INDIVIDUALLY AND AS SUCCESSOR IN INTEREST FOR CELIA VAZQUEZ VS. KAISER FOUNDATION HEALTH PLAN INC

Accordingly, Defendants' motion to compel arbitration is GRANTED. II.

  • Hearing

    Nov 23, 2020

MARIA H. MARTINEZ VS PILGRIM PLACE IN CLAREMONT, A CALIFORNIA CORPORATION

The hearing on the motion to compel arbitration is continued and Plaintiff is permitted to file a supplemental objection and/or response to the new evidence. Dated: ____________________________ Gregory Alarcon Superior Court Judge

  • Hearing

    Nov 23, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

BRYAN NAVARRO ET AL. VS BARONHR WEST, INC., A CORPORATION ET AL.

Defendants' (BaronHR) Motion to Compel Arbitration is GRANTED as to Plaintiffs’ individual claims, except the PAGA cause of action. Plaintiffs’ PAGA cause of action is STAYED pending the results of the arbitration. The venue provision has been severed. Sanctions under CCP § 128.7(c)(1) are DENIED.

  • Hearing

    Nov 23, 2020

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

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