Motion Types Legal Issues

What is a Motion to Compel Arbitration?

Most Useful Motion to Compel Arbitration Examples

Recent Examples of Motion to Compel Arbitration

1-25 of 500 results

REETZ FOX & BARTLETT LLP V. HIGHWAY RECYCLING, INC., ET AL.

Nature of Proceedings: Petition Compel Arbitration Tentative

  • Hearing

    Feb 25, 2020

MARILYN A. BERRY, INDIVIDUALLY, VS SRG MANAGEMENT LLC

Marilyn A. Berry v. SRG Management, LLC dba The Village at Sherman Oaks, et al. PETITION TO COMPEL BINDING ARBITRATION AND TO STAY THE SUPERIOR COURT MATTER PENDING THE HEARING ON THE PETITION MOVING PARTY: Defendant SRG Management, LLC dba The Village at Sherman Oaks RESPONDING PARTY(S): Plaintiff Marilyn A. Berry ...

... arbitration (or at least pending the outcome of this petition). TENTATIVE RULING: Defendant SRG Management, LLC’s motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for February 22, 2021 at 8:30 a.m. If there are no appearances and/or the parties have not completed t...

  • Hearing

    Feb 21, 2020

JT LEGAL GROUP VS. IAN ADAM GLEASON, ET AL

JT LEGAL GROUP, Plaintiff, v. IAN ADAM GLEASON, et al., Defendants. Case No.: EC068123 Hearing Date: February 21, 2020 (cont. from January 17, 2020) [TENTATIVE] order RE: petition to confirm arbitration order BACKGROUND A. Allegations of the Complaint In this action, Plaintiff JT Legal Group (“Plaintiff”) alleges that it was performing legal services pursuant to an attorney-client retainer agreeme...

...court proceedings. Plaintiff opposed. On June 22, 2018, the Court granted the motion to compel arbitration and stayed the proceedings. On December 20, 2019, Wells Fargo filed this Petition to Confirm Arbitration Order. The Court is not in receipt of an opposition brief to the petition. On January 10, 2020, Wells Fargo filed a Reply to Plaintiff’s Non-Opposition to Petition, stating that Plaintiff failed to ...

  • Hearing

    Feb 21, 2020

WEST COAST TRENDS, INC. V. INTERNATIONAL GOLF GROUP, INC.

Defendant International Golf Group, Inc.’s Motion to Compel Arbitration Defendant International Golf Group, Inc. moves to compel arbitration of Plaintiff West Coast Trends, Inc.’s Complaint. Plaintiff did not file an opposition. For the following reasons, Defendant’s motion is granted. The right to arbitration depends upon contract; a peti...

...as oral testimony received at the court’s discretion, to reach a final determination. Id. Defendant did not submit evidence authenticating the parties’ agreement. Plaintiff did not oppose Defendant’s motion, however, and alleges in its Complaint that “Plaintiff and Defendants entered into a written agreement . . . , by which Plaintiff agreed to furnish certain products to Defendants pursuant to a distrib...

  • Hearing

    Feb 20, 2020

NELSON GONZALEZ VS GUILLERMO RODRIGUEZ, ET AL.

Angel Lopez v. LAD-MB, LLC dba Downtown LA Motors, et al. CASE NO.: 19STCV37671 MOTION TO COMPEL ARBITRATION MOVING PARTY: Defendants LAD-MB, LLC dba Downtown LA Motors and Lithia Motors, Inc. RESPONDING PARTY(S): Plaintiff Angel Lopez STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges tha...

...discrimination and related claims. Defendants LAD-MB, LLC and Lithia Motors move to compel arbitration. TENTATIVE RULING: Defendants LAD-MB, LLC dba Downtown LA Motors and Lithia Motors, Inc.’s motion to compel arbitration is GRANTED. The action is stayed pending conclusion of the arbitration. Any and all future dates are advanced and vacated. A Status Conference/OSC re: Dismissal is set for February 19, 2021 at 8:30 a...

  • Hearing

    Feb 20, 2020

ZAAYER V. ORANGE COAST AUTO GROUP, LLC

Motion to Compel Arbitration The defendant filed a motion to compel arbitration which the plaintiff generally does not oppose. The parties dispute where the matter will be arbitrated. The arbitration provision provides: “You [the purchaser] may choose the American Arbitration Association [], or any other organization to conduct the arbitration subject to our [the seller] approval.” In accordance w...

...the arbitration selection process in the agreement is procedurally unconscionable if he has no real choice in the arbitration service used. Neither party cites a case that has interpreted this specific arbitration provision—probably because no California appellate court has addressed the issue. References to such cases as Sanchez v. Valencia Holding Company, LLC (2015) 61 Cal.4th 899, however, are not helpful b...

  • Hearing

    Feb 20, 2020

INOKON V. PACIFIC INVESTMENT MANAGEMENT COMPANY, LLC

...defendants filed, and then re-filed, a motion to compel arbitration. No tentative. The court will entertain argument and then take the matter under submission. Demurrer/Motion to Strike On the court’s own motion, and for good cause, the demurrer and motion to strike are CONTINUED to March 26, 2020, at 1:30 pm. It appears that the demurrer and motion to strike violate Rule 3.112(c) of the Rules of Court becaus...

...handled. The defendants also recognize that these motions were not filed timely under Rule 3.1320(d). They suggest that the court has discretion to have them heard at the same time as the motion to compel arbitration, which is why they chose dates outside the Rules. The argument ignores how discretion is exercised: Any request for a hearing date beyond the time allowed by rule is to be made to the court in advance...

  • Hearing

    Feb 20, 2020

TOMMY GAY VS DIAMOND MATTRESS COMPANY, INC., ET AL.

# 9. Tommy Gay v. Diamond Mattress Company, Inc., et al. Case No.: 19CMCV00049 Matter on calendar for: Motion for Leave to File FAC Tentative ruling: Background This is a wrongful termination and discrimination action. Plaintiff Tommy Gay alleges violations of the Fair Employment and Housing Act (“FEHA”) a...

...1102.5 The Court granted Defendants’ motions to compel arbitration and to stay the action. Plaintiff now moves to amend the Complaint to remove the arbitrable causes of action. Defendant JobSource opposes the motion. For the reasons set forth below, the Court continues the hearing. Standard Code of Civil Procedure §§ 473(a)(1) and 576 provide courts with the authority to allow the amendment of pleadings upon a...

  • Hearing

    Feb 20, 2020

GARY SARINA V. PHYSICIAN’S AUTOMATED LABORATORIES, ET AL.

...or additional wages in lieu thereof; (2) failure to issue accurate wage statements; (3) failure to pay wages due at termination; and (4) unfair competition. (Compl., passim.) Defendants moved to compel arbitration under an agreement (the Agreement) that Plaintiff signed to arbitrate any and all claims arising out of his employment with Defendants on an individual basis. Plaintiff then filed a first amended comp...

...before the Court is Plaintiff’s motion for approval of (1) the PAGA settlement, (2) appointment of settlement administrator, (3) Plaintiff’s enhancement payment, and (4) attorney’s fees and costs. The motion is unopposed. “A PAGA representative action is ... a type of qui tam action” in which a private plaintiff pursues a dispute between an employer and the Labor and Workforce Development Agency (LWDA) on...

  • Hearing

    Feb 20, 2020

SPEAKS GOLDEN VS OM INVESTMENT LLC

Tentative Ruling on Motions to Compel Arbitration Golden v. OM Investment, Case No. 2019-053316 February 21, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a breach of lease/habitability case involving an apartment complex ...

...the apartment manager, and OM Investment, the apartment owner, each bring similar motions to compel plaintiffs to arbitrate this dispute pursuant to paragraph 37 of their July, 2018 lease. It provides: Arbitration. Resident shall within forty-eight (48) hours report to Owner/Agent any accident or occurrence in which any Occupant, family member or guest of Resident was or may have been injured. Any claim for per...

  • Hearing

    Feb 19, 2020

SPEAKS GOLDEN VS OM INVESTMENT LLC

Tentative Ruling on Motions to Compel Arbitration Golden v. OM Investment, Case No. 2019-053316 February 21, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a breach of lease/habitability case involving an apartment complex ...

...the apartment manager, and OM Investment, the apartment owner, each bring similar motions to compel plaintiffs to arbitrate this dispute pursuant to paragraph 37 of their July, 2018 lease. It provides: Arbitration. Resident shall within forty-eight (48) hours report to Owner/Agent any accident or occurrence in which any Occupant, family member or guest of Resident was or may have been injured. Any claim for per...

  • Hearing

    Feb 19, 2020

SPEAKS GOLDEN VS OM INVESTMENT LLC

Tentative Ruling on Motions to Compel Arbitration Golden v. OM Investment, Case No. 2019-053316 February 21, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a breach of lease/habitability case involving an apartment complex ...

...the apartment manager, and OM Investment, the apartment owner, each bring similar motions to compel plaintiffs to arbitrate this dispute pursuant to paragraph 37 of their July, 2018 lease. It provides: Arbitration. Resident shall within forty-eight (48) hours report to Owner/Agent any accident or occurrence in which any Occupant, family member or guest of Resident was or may have been injured. Any claim for per...

  • Hearing

    Feb 19, 2020

SPEAKS GOLDEN VS OM INVESTMENT LLC

Tentative Ruling on Motions to Compel Arbitration Golden v. OM Investment, Case No. 2019-053316 February 21, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a breach of lease/habitability case involving an apartment complex ...

...the apartment manager, and OM Investment, the apartment owner, each bring similar motions to compel plaintiffs to arbitrate this dispute pursuant to paragraph 37 of their July, 2018 lease. It provides: Arbitration. Resident shall within forty-eight (48) hours report to Owner/Agent any accident or occurrence in which any Occupant, family member or guest of Resident was or may have been injured. Any claim for per...

  • Hearing

    Feb 19, 2020

MISHA KIM VS AAAZA, INC., A CALIFORNIA CORPORATION, ET AL.

...AAAZA’s motion to compel arbitration is GRANTED. Plaintiff is ordered to arbitrate her claims against defendants pursuant to the Arbitration Agreement. Plaintiff’s action is stayed pending the completion of arbitration. AAAZA is to provide notice. This action arises out of Plaintiff, Misha Kim (“Plaintiff”)’s employment with AAAZA, Inc. (“AAAZA”) from approximately March 22, 2016 to January 4, 2019. Plaintiff alleg...

...in violation of FEHA against AAAZA, (9) wrongful termination in violation of public policy against AAAZA, (10) violation of Labor Code § 1102.5 against all defendants, (11) intentional infliction of emotional distress, (12) “retaliation for engaging in protected activity” in violation of FEHA against AAAZA. AAAZA now moves to compel arbitration of Plaintiff’s claims against it. Plaintiff did not file an...

  • Hearing

    Feb 19, 2020

ALFIO BURIN, ET AL. VS ALLSTATE NORTHBROOK INDEMNITY COMPANY

Motion to Compel Arbitration Having considered the moving papers, the Court rules as follows. No opposing papers were filed. BACKGROUND On January 6, 2020, Plaintiffs Alfio Burin and Gladys Delgado (“Plaintiffs”) filed a petit...

...13, 2020, Plaintiffs filed a motion to compel arbitration pursuant to California Code of Civil Procedure section 1281.2. Trial is set for July 6, 2021. PARTIES’ REQUEST Plaintiffs ask the Court to compel Defendant to engage in arbitration pursuant to an uninsured motorist provision in a policy entered into between Plaintiffs and Defendant. LEGAL STANDARD California Code of Civil Procedure section 12...

  • Hearing

    Feb 19, 2020

MERCURY INSURANCE COMPANY VS IZETA BLYAKHMAN

Mercury Insurance Company v. Blyakhman Petition to Compel Arbitration and for the Appointment of a Neutral Arbitrator, filed by Petitioner Mercury Insurance Company, is TAKEN OFF CALENDAR. There has been no showing that Respondent has been properly served with the petit...

...is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (emphasis added.) Code of Civil Procedure section 1290.4(b) provides: “If the arbitration agreement does not provide the manner in which such service shall be made and the person upon whom service is to be made has not previously appeared in the proceeding and has not previously been serve...

  • Hearing

    Feb 19, 2020

CEDILLOS V. HUGHES & HUGHES, LLC

...rules as follows on the motion of Petitioners/Defendants Hughes & Hughes, LLP and Lisa Bergman Hughes for an order confirming arbitration award – Specifically, petitioners seek an order confirming the arbitration award issued in the matter of Ronald L. Cedillos v. Hughes & Hughes, LLC, et al., JAMS Reference No. 1200053691, on September 30, 2019. Facts/Overview: A complaint was filed on 6/29/17 by plaintiff Ro...

...On 9/6/17, the Court: (1) granted a motion to compel the plaintiff to submit the claims in the complaint to arbitration before JAMS or Judicate West and stay the court action pending resolution of the arbitration; and (2) denied plaintiff’s motion for an order staying the entire action, including the hearing on the motion to compel arbitration, pending resolution of the dissolution proceeding without prejudice...

  • Hearing

    Feb 19, 2020

DIGITAL SECURITY & ELECTRONICS INC VS DIAL SECURITY

...(b), (d) and (e). The Court intends to rule as follows; To grant Dial Security's request for judicial notice of the petition to compel arbitration filed by Digital on 9/18/13. To deny Dial Security's motion to amend judgment to add judgment debtor. In order for the court to amend the judgment to add John Becker, the John R. Becker Trust, and WEHD & Associates, the court must have personal jurisdiction ov...

...entered. Dial Security admits it was aware that Digital Security did not exist even before the petition to compel arbitration was filed in 2013. It was aware that Digital Security did not exist when the arbitration award was entered against Digital Security in 2014; indeed, Dial requested the arbitrator award judgment against John Becker. It was aware that Digital Security did not exist when it filed its motion ...

  • Hearing

    Feb 19, 2020

DAVID SEYDE VS DRAKE KENNEDY, ET AL.

...Brian Kennedy TRIAL DATE: None PROOF OF SERVICE: OK PROCEEDING: Petitioner’s Motion to Compel Arbitration OPPOSITION: January 17, 2020 REPLY: February 7, 2020 TENTATIVE: Seyde’s petition to compel arbitration is DENIED. Counsel for Drake Kennedy to give notice. This case arises out of a dispute between two brothers, Bryan and Drake Kennedy, who are the directors, officers, and shareholders or board member...

...Prospective Economic Advantage; (7) Negligent Interference with Economic Advantage; (8) Quantum Meruit; (9) Constructive Trust and (10) Declaratory Relief. Seyde now petitions the court for an order compelling arbitration of the following claims under the BTS: (1) Seyde’s claim to a monthly salary, (2) Seyde’s right to have an arbitrator consider whether he is entitled to a discretionary bonus, (3) “any other” claims u...

  • Hearing

    Feb 18, 2020

THOMAS ROCHA, ET AL. V. U-HAUL CO. OF CALIFORNIA, ET AL.

Motion: Plaintiffs’ petition to vacate arbitration award Tentative Ruling: To deny Plaintiffs’ petition to vacate the final arbitration award. (Code Civ. Proc. §1286.2.) To confirm the award. (Code Civ. Proc. §1286.) Explanation: Code of Civil Procedure section 1286.2, subdivision (a) provides: Subject to Section 1286.4, the court sha...

...the court states: We have found no case that describes (as clearly as did Rosenthal for petitions to compel arbitration) the postarbitration duty of a court to determine the existence and validity of an arbitration contract, and the burden of proof borne by an award's proponent, when enforcement of an arbitration award is requested under circumstances where, as here, no prior judicial determination has been made...

  • Hearing

    Feb 18, 2020

AMANDA BARBER VS GUGGENHEIM PARTNERS, ET AL.

Barber v. Guggenheim Partners Case No. 19SMCV01863 Hearing Date: February 18, 2020 Defendants’ Motion to Compel Arbitration TENTATIVE RULING Plaintiff’s complaint is ambiguous, alleging “fraudulent contract” and “perjury under oath,” but providing no specific facts. Plaintiff worked as a receptionist for defendant Guggen...

...clause. Defendants move to compel arbitration. California has a strong public policy in favor of arbitration. Coast Plaza Doctors Hosp. v. Blue Cross of California (2000) 83 Cal.App.4th 677, 686. If an arbitration agreement was obtained via fraud in the execution, the contract is void, and there was no agreement to arbitrate. If, however, an arbitration agreement was formed via fraud in the inducement, the agre...

  • Hearing

    Feb 18, 2020

JEFFER MANGELS BUTLER & MITCHELL LLP VS NEW YORK DREAM REGIONAL CENTER

...Confirm Arbitration Award is GRANTED. Judgment is entered in favor of Petitioner in the amount of $24,315.01 principal, plus prejudgment interest at 10 percent per annum from the July 22, 2019 date of the Arbitration Award. ANALYSIS: Petitioner Jeffer Mangels Butler & Mitchell, LLP (“Petitioner”) filed the instant action as a Petition to Compel Arbitration against Respondent New York Dream Regional Center fka Tr...

...State USA Regional Center, LLC (“Respondent”) on January 14, 2019. On May 20, 2019, the Court granted the Petition to Compel Arbitration. On October 2, 2019, Petitioner filed the instant Motion to Confirm Arbitration Award. To date, no opposition has been filed. Legal Standard Per Code of Civil Procedure section 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm,...

  • Hearing

    Feb 18, 2020

JASKARAN SIHOTA V. BHAJAN SIHOTA

Motions: I. Plaintiffs’ Motion to Confirm Arbitration Award II. Defendants’ Motion to Vacate Arbitration Award Tentative Ruling: To grant plaintiffs’ motion to confirm and to deny defendants’ motion to vacate. Plaintiffs are directed to submit to this court, within 5 days of service of the minute order, ...

...order. Explanation: I. Motion to Confirm Any party to an arbitration in which an award has been made may petition the court to confirm the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other person bound by the arbitration award. (Code Civ. Proc., §1285.) A petition shall: (a) set forth the substance or have attached a copy of the agreement to arbitra...

  • Hearing

    Feb 18, 2020

WATERPROOFING EXPERTS, INC. VS VELOX CONSTRUCTION, INC., ET AL.

...Order Compelling Arbitration and Staying This Litigation The court considered the moving papers. No opposition was filed. RULING The motion is GRANTED. The action is STAYED pending the outcome of the arbitration proceeding. BACKGROUND On February 14, 2019, Waterproofing Experts, Inc. filed a complaint against Velox Construction, Inc., Del Amo Fashion Center Operating Company, LLC, and EMC Torrance, LLC for ...

...controversy or a controversy thereafter arising is valid, enforceable and revocable, save upon such grounds as exist for the revocation of any contract.” Under CCP § 1281.2, “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 responde...

  • Hearing

    Feb 18, 2020

JULIO CESAR GARCIA JIMENEZ VS 755 TACOS, LLC DBA PETITE TAQUERIA

julio cesar garcia Jimenez, Plaintiff, vs. 755 tacos, llc, et al., Defendants. Case No.: 19STCV20819 Hearing Date: February 14, 2020 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: PETITION TO COMPEL ARBITRATION AND STAY ACTION Background Plaintiff Julio Cesar Garcia Jimenez (“Plaintiff”) filed this employment action on June 13, 2019 against Defendant 755 Tacos, LLC dba Petite Taqueria (“Defendant”). The Co...

...time, rest periods, meal periods, and itemized wage statements. The Complaint also asserts a cause of action for violation of Business and Professions Code section 17200. Defendant now moves to compel arbitration of all of Plaintiff’s claims and to stay this action pending completion of arbitration, pursuant to a binding arbitration agreement executed by Plaintiff. Plaintiff opposes. Evidence The Court rules...

  • Hearing

    Feb 14, 2020

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