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

1-25 of 10000 results

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

SQUARE MIXX LA INC VS 450 S WESTERN LLC ET AL

Pursuant to the Notice of Stay of Proceedings filed on January 10, 2020, this Court’s January 15, 2020 Minute Order staying the entire action, and the Status Report Re: Bankruptcy filed by 450 S. Western, LLC on November 20, 2020 indicating that the bankruptcy case remains pending, the Court is unable to rule on the instant motions absent a modification or termination of stay. Counsel for 450 S. Western, LLC is to alert the Court fourteen (14) days prior to 03/01/2021 if the matter remains in bankruptcy.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SHEILA I¿IGUEZ VS BENIHANA MARINA CORP.

For these reasons, the demurrer is overruled and the request for a stay is denied.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

PERFECTO REYES, AN INDIVIDUAL VS J.C. PENNY COMPANY, INC., A DELAWARE CORPORATION, ET AL.

The automatic stay does not preclude the court from rendering a decision on Plaintiff’s Counsel’s motion to withdraw. (Heinrich v. Ditech Financial (E.D. Cal. 2019) 2019 WL 1004577, at 2-3 [finding plaintiff’s counsel’s motion to be relieved as counsel could go forward despite a defendant’s Notice of Bankruptcy Stay]; see also Zimmer v. Nawabi (E.D. Cal.

  • Hearing

ALPIN PATEL VS BRYAN ALLAN PAYTON, ET AL.

As soon as a bankruptcy case is filed, an automatic stay immediately goes into effect and generally prevents creditors, and other parties, from taking most actions against property of the bankruptcy estate, the debtor, and the debtor's property. This injunction continues until a bankruptcy court order lifting the stay has been entered or the stay has expired. (11 USC § 362.) The stay arises automatically by operation of law upon filing of the bankruptcy petition.

  • Hearing

DEANNE DWORETZKY VS BRENDA BUONORA, ET AL.

Specifically, Defendants state that the COVID-19 stay at home orders forced them to cease operation of their business, and that this impacted their ability to make the initial payment in a timely fashion. However, Defendants note that, to date, they have now paid the entire sum of $30,001.00 to Plaintiff, though Plaintiff has refused to cash several of the checks.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

ROSE FAY ARFA VS RONEN S. GRACE

While the variance could moot the MSA, the Court finds that issuing a stay for such a short period of time would be a waste of judicial resources and the hearing will occur before any additional briefing is required. Therefore, the motion for a stay is DENIED.

  • Hearing

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

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

TABAG VS MONTANO

The court takes judicial notice that the Governor of California issued his first stay-at-home order on March 19, 2020. The Governor issued his most recent stay-at-home order on November 19, 2020, which remains in effect until December 21, 2020. (https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/limited-stay-at-home- order.aspx) The court takes judicial notice that as of today, Riverside County's current risk level is purple (widespread).

  • Hearing

LAROME BROWNLEE VS PUBLIC STORAGE,A MARYLAND CORPORATION, ET AL.

On October 13, 2020, Defendant filed a motion to compel arbitration. On November 6, 2020, Plaintiff filed an opposition. On November 19, 2020, Defendant filed a reply. Legal Standard Under California and federal law, public policy favors arbitration as an efficient and less expensive means of resolving private disputes. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 8-9; AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339.)

  • Hearing

  • 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

  • Type

    Employment

  • Sub Type

    Other Employment

TMH ROOFING, INC., A CALIFORNIA CORP VS ROLAND CONSTRUCTION SERVICE, LLC, A LIMITED LIABILITY COMPANY

Motion to Quash Plaintiff TMH Roofing, Inc.’s (“Plaintiff”) Motion to stay and quash a deposition subpoena issued by defendant Roland O. Quintero (“Quintero”) to a Mr. Bob Gindorff, as an out-of-state, non-party witness, is GRANTED. The subject deposition subpoena was issued by Quintero to Mr. Bob Gindorff at an address in Minnesota.

  • Hearing

MORGAN VS ORANGE COAST AUTO GROUP, LLC

Defendant’s request for a stay of this action pending arbitration is also granted. The action is hereby STAYED pending the parties’ completion of arbitration. Defendant is ordered to give notice.

  • Hearing

1301 GLADSTONE STREET INVESTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ET, INC., A CALIFORNIA CORPORATION, ET AL.

Demirel represents as follows: On March 4, 2020, Governor Newsom proclaimed a state of emergency; on March 19, 2020, a “stay at home” executive order was signed. (Demeril, ¶1.) Plaintiff’s complaint was filed three days before Newsom signed the “stay at home” order. (Id., ¶2.) Demeril does not known when the complaint was delivered to his place of business at 1365 East Gladstone Street in Glendora, CA (“Glendora address”). (Id., ¶3.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CHUCKRID HUTAYANA VS YOUNG MENS CHRISTIAN ASSOCIATION OF

Subsection (d) specifically authorizes the Court to “strik[e] out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process… stay[] further proceedings by that party until an order for discovery is obeyed… dismiss[] the action, or any part of the action, of that party… [or] rendering a judgment by default against that party.” Code Civ. Proc. §2023.030(d)(1)-(4).

  • Hearing

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

Motion to Compel Arbitration Having considered the moving, opposing, and reply papers, the Court rules as follows. BACKGROUND On April 20, 2020, Plaintiff Nicole Jennifer Bastidas (“Plaintiff”) filed a complaint against Defendant City of Los Angeles, County of Los Angeles, Neutron Holdings, Inc. dba Limebike (“Defendant Neutron”), and Segway, Inc.

  • Hearing

EAGAN AVENATTI, LLP V. STOLL

The court has received a Notice of Stay of Proceedings pursuant to a bankruptcy. Based on this Notice, the court stays this Motion until the parties notify the court that the bankruptcy stay has been lifted. Cross-Defendant is to request the court to reset this motion for hearing once the bankruptcy stay has been lifted. Cross-Defendant is to give notice.

  • Hearing

CHRIS BORKOVEC VS SOUTHERN CALIFORNIA EDISON

As a result, waiting until April 2021 to see whether the bankruptcy stay will be lifted would not cause further delay or be contrary to the interests of justice. Additionally, while the parties' decisions to delay propounding and/or responding to discovery are understandable in light of the bankruptcy stay, the case does not appear to be ready for trial in the near future in any event. Finally, the Court must consider issues of judicial economy and prejudice to all parties.

  • Hearing

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

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

(NO CASE NAME AVAILABLE)

Plaintiff also argues the Court cannot stay this case because it previously denied a motion to stay, but Plaintiff cites no law for that assertion. Defendant cites Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367, to argue a stay is permissible.

  • Hearing

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

NEWMAN VS. RODRIGUEZ

HEARING ON MOTION FOR LEAVE TO INTERVENE, STAY DEFAULT FILED BY ISHMAEL RODRIGUEZ * TENTATIVE RULING: * This motion was granted without objection at a prior Case Management Conference.

  • Hearing

  • Judge

    Burch

  • County

    Contra Costa County, CA

FINANCIAL SERVICES VEHICLE TRUST, BY AND THROUGH ITS SERVICER BMW FINANCIAL SERVICES NA, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS ARMEN MELIKYAN, ET AL.

On September 4, 2020, Plaintiff filed a Notice of Stay as to individual defendant, Armen Melikyan. A Chapter 7 Bankruptcy Petition was filed on August 25, 2020. RULING: Granted. Plaintiff BMW Financial Services NA, LLC moves to deem Request for Admissions (set one) admitted. Plaintiff served Defendant, West Hollywood Collision Center aka West Hollywood Collision Center, Inc. and Defendant Onnik Kazanchian aka Nick Kaz with request for admissions on March 12, 2020. No responses have been received.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

  • Type

    Employment

  • Sub Type

    Wrongful Term

DENNIS ROBLEDO, AN INDIVIDUAL, ET AL. VS ALFRED ALVAREZ, AN INDIVIDUAL

Should Plaintiff choose to proceed with an in-person deposition, this deposition needs to be delayed until the stay-at-home order is lifted and take place at a location in Downey, La Mirada, or Santa Fe Springs. If Plaintiff decides to proceed with a remote deposition, the parties are to meet and confer to determine an agreeable date and time.

  • Hearing

1 2 3 4 5 6 7 8 9 10 ... 400     last » 

For full print and download access, please subscribe at https://www.trellis.law/.

Please wait a moment while we load this page.