What is a Motion to Compel Arbitration?

Useful Rulings on Motion to Compel Arbitration

Recent Rulings on Motion to Compel Arbitration

A. CHARLES WILSON VS CENTURY CITY MEDICAL PLAZA, L.P., ET AL.

Defendant’s arguments are more appropriate for a motion to compel arbitration, where the Court may adequately determine the issues before it by resort to evidence. If Defendant believes that this action should be dismissed because of Plaintiff’s failure to arbitrate, Defendant may file a motion to compel arbitration. Based on the foregoing, Defendant’s demurrer based on a failure to provide a notice of right to arbitration is OVERRULED.

  • Hearing

    Jul 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

TEHILA KOHANBASH VS FCA US LLC, (FORMERLY KNOWN AS CHRYSLER GROUP LLC), A DELAWARE CORPORATION,, ET AL.

There is nothing unreasonable on its face about, for example, 3.4 hours spent inspecting windows, doors, and articles, or 1.2 hours spent researching a motion to compel arbitration filed by Defendants. After looking at whether the case was overstaffed, how much time was spent on the claim, and whether the hours were reasonably expended, the Court finds the fees claimed as reasonable. (Morris v.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

BRYANT VS. ADVANCED M.P. TECHNOLOGY, LLC

Motion to Compel Arbitration

  • Hearing

    Jul 06, 2020

BRYANT VS. ADVANCED M.P. TECHNOLOGY, LLC

Motion to Compel Arbitration. Moving Party: Defendants Advanced M.P. Technology, LLC; Homayoun Shorooghi, Eric Bettencourt and Sam Tombs. Responding Party: Plaintiff Michael Bryant. Ruling: Defendants’ Motion to Compel Arbitration is GRANTED as to the First through Ninth Causes of Action. This action is stayed as to those Causes of Action. The Motion to Compel Arbitration is DENIED as to the Tenth and Eleventh causes of action for intentional and negligent interference with prospective economic relations.

  • Hearing

    Jul 06, 2020

BELTRAN VS. TOWNSHIP RETAIL

HEARING ON MOTION TO COMPEL ARBITRATION & STAY PROCEEDINGS FILED BY TOWNSHIP RETAIL SERVICES, INC. * TENTATIVE RULING: * Withdrawn, based on the order pursuant to stipulation entered on June 18, 2020.

  • Hearing

    Jul 02, 2020

EVA E HERNANDEZ VS SUPER CALIDAD AUTO SALES, INC., ET AL.

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS (CCP §§ 1281.2, et seq.; 638) TENTATIVE RULING: Plaintiff Eva E. Hernandez’s Motion to Compel Arbitration is PLACED OFF CALENDAR.

  • Hearing

    Jul 02, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

Defendants Jason Post, Post Investment Group LLC, and Post Real Estate Group Inc. move to compel arbitration and to stay the case pending the outcome of the arbitration. TENTATIVE RULING: Defendants’ motion to compel arbitration is CONTINUED to July 21, 2020, at 10:00 a.m. to give Plaintiff the opportunity to respond to the evidence presented by Defendants in reply. Plaintiff is to file a supplemental opposition of no more than 10 pages by July 14, 2020, responding to Defendants’ reply.

  • Hearing

    Jul 02, 2020

LONG BONETTI OFFICE, LLC V. HAMISH MARSHALL

not be heard until after the motion to compel arbitration because if arbitration is required, the issue of disqualification should be decided by the arbitrator.

  • Hearing

    Jul 02, 2020

ANTHONY WRIGHT, ET AL. VS ARABIAN ZAID MORGAN & TERRI SHEILAND MORGAN REVOCABLE TRUST

Based on the foregoing, the motion to compel arbitration is granted and this action is stayed pursuant to C.C.P. §1281.4.

  • Hearing

    Jul 02, 2020

JD FINANCIAL GROUP LTD., A UNITED KINGDOM CORPORATION VS RENAISSANCE CAPITAL GROUP, LLC, A NEVADA LIMITED LIABITITY COMPANY, ET AL.

Moving Party’s Burden The party moving for a motion to compel arbitration “bears the burden of proving [the] existence [of an arbitration agreement] by a preponderance of the evidence.” (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413.) The moving party also bears the burden of demonstrating that the claims fall within the scope of the arbitration Here, Defendants move to compel arbitration.

  • Hearing

    Jul 01, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ZULEYMA J. JOHNSON VS BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

On May 21, 2020, Defendants filed the instant Motion to Compel Arbitration.

  • Hearing

    Jul 01, 2020

CHRIS SANCHEZ, ET AL. VS JACEM HEALTHY PRODUCTS INC., A CALIFORNIA CORPORATION, ET AL.

Proc., § 1281.2, subds. (a)-(c).) The Federal Arbitration Act (FAA) similarly reflects a liberal federal policy favoring arbitration and the fundamental principle that arbitration is a matter of contract. (Concepcion, supra, 563 U.S. at p. 339.) In line with these principles, courts must place arbitration agreements on an equal footing with other contracts and enforce them according to their terms. (Ibid.)

  • Hearing

    Jul 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

SANCHEZ VS BARTELL HOTELS MANAGEMENT COMPANY [E-FILE]

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. 3. Discussion and Ruling. The motion to compel arbitration is granted as prayed.

  • Hearing

    Jul 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

KEYVAN YOUSEFI VS TESLA INC. FKA TESLA MOTORS INC.

Proc., § 1281.2.) “[T]he party moving to compel arbitration bears the burden of establishing the existence of a valid agreement to arbitrate, and the party opposing arbitration bears the burden of proving by a preponderance of the evidence any fact necessary to its defense.

  • Hearing

    Jul 01, 2020

NANCY SANDERS VS INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

Proc., § 1281.2, subds. (a)-(c).) The Federal Arbitration Act (FAA) similarly reflects a liberal federal policy favoring arbitration and the fundamental principle that arbitration is a matter of contract. (Concepcion, supra, 563 U.S. at p. 339.) In line with these principles, courts must place arbitration agreements on an equal footing with other contracts and enforce them according to their terms. (Ibid.)

  • Hearing

    Jul 01, 2020

VAZRIK GALSTJAN VS BMW OF NORTH AMERICA, LLC, ET AL.

Conclusion Defendant BMWNA motion to compel arbitration is granted.

  • Hearing

    Jul 01, 2020

ARBY NAHAPETIAN VS TESLA, INC. D/B/A TESLA MOTORS, INC.

Proc., § 1281.2, subds. (a)-(c).) The Federal Arbitration Act (FAA) similarly reflects a liberal federal policy favoring arbitration and the fundamental principle that arbitration is a matter of contract. (Concepcion, supra, 563 U.S. at p. 339.) In line with these principles, courts must place arbitration agreements on an equal footing with other contracts and enforce them according to their terms. (Ibid.)

  • Hearing

    Jul 01, 2020

EHSAN JELVEHMOGHADDAM VS BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Defendant BMW of North America LLC’s motion to compel arbitration of Plaintiff Ehsan Jelvehmoghaddam’s claims in this action is granted. The case is stayed pending arbitration. Defendant Macarly, LLC dba BMW of Humboldt Bay’s joinder in the motion is granted. Plaintiff’s motion for leave to amend the complaint is placed off-calendar in light of the ruling on the motion to compel arbitration.

  • Hearing

    Jul 01, 2020

RAMI M. AYYOUB VS NATIONAL DEBT RELIEF, LLC

TENTATIVE RULING Defendant National Relief Debt’s motion to compel arbitration and stay this action, and request for attorney’s fees, is DENIED. Defendant is ordered to respond to the Complaint within 30 days. ANALYSIS Motion To Compel Arbitration and Stay Action Defendant National Relief Debt moves to compel arbitration and to stay action, as well as to recover attorneys’ fees and costs.

  • Hearing

    Jul 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

JAEU LOGAN VS 605 AUTO INC, ET AL.

.: 20NWCV00015 HEARING: 6/30/20 #4 **AMENDED** TENTATIVE ORDER Defendant 605 Auto, Inc.’s motion to compel arbitration and stay proceedings is GRANTED. The action is stayed pending arbitration. Moving Parties to give NOTICE. Defendant 605 Auto, Inc. moves to compel arbitration pursuant to CCP § 1281.2.

  • Hearing

    Jun 30, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

ARMANAK BAGRAMYAN VS SIAMAK KALHOR ET AL

On March 12, 2020 this court granted a motion to compel arbitration of Plaintiff’s claims. The tentative ruling had been to deny the motion based on the allegations of the amended complaint filed on March 2, 2020. At the hearing, the court was persuaded that leave to amend had been required, but not obtained. The court struck the amended complaint of March 2nd and based on the original and operative pleading, there was no basis to deny arbitration. The court changed its tentative ruling.

  • Hearing

    Jun 30, 2020

MACKLER ECHT + ASSOCIATES, INC., VS ELLIOT ZEMEL, ET AL.

Proc., § 1281.2.) Defendant offers no binding authority that the Court can compel another party to mediate a dispute. The two cases to which Defendants cite are non-binding federal cases. (Motion, p. 4:13-17.) Furthermore, binding California authority has expressly held “that a trial court exceeds its authority by mandating that the parties attend and pay for private mediation over their objection.” (Jeld-Wen, Inc. v. Superior Court (2007) 146 Cal.App.4th 536, 541.)

  • Hearing

    Jun 30, 2020

TAGHAVI V. MALLIET

Code of Civil Procedure section 1281.2, states, in part, “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) The right to compel arbitration has been waived by the petitioner; or [¶] (

  • Hearing

    Jun 30, 2020

WINTERMUTE V. SKT LAW P.C.

Based on the court’s 6-17-20 Minute Order, the Motion to Compel Arbitration filed under ROA No. 49 is scheduled to be heard on 7-21-10 at 9:00 a.m.

  • Hearing

    Jun 30, 2020

CASTANEDA VS. FERNANDEZ WHOLESALE

This court is called upon to apply the ground rules set forth in Code of Civil Procedure (hereafter “CCP”) section 1281.2 and the standards set forth in Saint Agnes Medical Center v. Pacificare of California (2003) 31 Cal.4th 1187. In considering the factors set forth in the Saint Agnes case, this court cannot help but conclude that three facts control the decision here. First, there has been no express waiver by the Plaintiff of the right to arbitrate.

  • Hearing

    Jun 29, 2020

  • Judge

    Burch

  • County

    Contra Costa County, CA

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