Motion Types Legal Issues

What is a Motion to Compel Arbitration and Stay?

Most Useful Motion to Compel Arbitration and Stay Examples

Recent Examples of Motion to Compel Arbitration and Stay

1-25 of 500 results

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 STATEMENT O...

... 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...

...Plaintiff agreed to furnish certain products to Defendants pursuant to a distribution agreement . . . .” Complaint ¶ 8. The Complaint attaches as Exhibit A a “true and correct copy of the Agreement.” The arbitration provision in the agreement states that it applies to “any dispute arising out of or in connection with this Agreement . . . .” Complaint Ex. A (¶ 21). As noted, Plaintiff has not presented any argumen...

  • 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

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...

... 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.m. If there are no appearances and/or the parties have not completed t...

  • Hearing

    Feb 20, 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...

...opposing party, plaintiffs here, bears the burden of proving any fact necessary to its defense.”].) A motion to compel arbitration or stay proceedings must state verbatim the provisions providing for arbitration or must have a copy of them attached. (Cal. Rules of Court, rule 3.1330.) A party may demonstrate express acceptance of the arbitration agreement in order to be bound (e.g., Mago v. Shearson Lehman H...

  • 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

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

ROBERT AVELLANT VS FCA US LLC

... ARBITRATION Date: 2/14/20 Case: Robert Avellanet v. FCA US LLC et al. (19GDCV00983) TENTATIVE RULING: In this motion, defendant Fiat of Glendale, the dealership that sold the car at issue, seeks to compel arbitration of plaintiff Robert Avellanet’s claims against both the dealership and the manufacturer of the subject vehicle, defendant FCA US LLC (“FCA”). FCA consents to arbitration. As to the dealership, the ar...

...governs claims pertaining to the purchase or condition of the vehicle encompassed in the RISC. Plaintiff does not dispute that the dealership is entitled to arbitration. Accordingly, the motion to compel arbitration is granted as to plaintiff’s claims against defendant Fiat of Glendale. As for the manufacturer, it is undisputed FCA is not a signatory to the RISC. Nonetheless, a non-signatory may “compel arbitrat...

  • Hearing

    Feb 14, 2020

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

...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 Complaint a...

...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 on Defendant’s evidentiary objections as follows: Objections 1-2: sustained Legal Standard In a motion to compel arbit...

  • Hearing

    Feb 14, 2020

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

...02/13/2020 Calendar Matter#7 TENTATIVE ORDER Defendant MCKENNA MOTORS, INC.’s motion to compel arbitration is GRANTED as to MCKENNA MOTORS, INC. CCP § 1281.2. The case is STAYED until conclusion of the arbitration. Moving Party to give notice. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement...

...principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragraph that provides for arbitration. The prov...

  • Hearing

    Feb 13, 2020

JESUS SALGUERO VS DELIV, INC.

PETITION TO COMPEL ARBITRATION IS GRANTED, IN PART. Background Plaintiff Jesus Salguero (“Plaintiff”) filed this action against Defendant (“Deliv, Inc.”) on September 12, 2019. Filed on November 25, 2019, the operative First Amen...

...unduly maximize profits at the expense of their primary workforce.” (FAC ¶ 12.) Defendant seeks an order compelling arbitration of all of Plaintiff’s claims and staying the action pending the outcome of arbitration. Legal Standard California law incorporates many of the basic policy objectives contained in the Federal Arbitration Act, including a presumption in favor of arbitrability. (Engalla v. Permanente Me...

  • Hearing

    Feb 13, 2020

GILL VS FIG TREE LIBERTY INC

The motion to compel arbitration, filed by defendants Rise and Shine Restaurant Group; Fig Tree Liberty, Inc.; Johan Engman; Grant Price; Alberto Morreale; and Sarah King, is granted. This action is stayed pending the conclusion of the arbitration proceeding. Plaintiff does not oppose the request to compel arbitration, but opposes the request to stay the proceedings because the Court may need to appo...

  • Hearing

    Feb 13, 2020

JANE DOE VS STARBUCKS CORPORATION, ET AL.

...19STCV37388 Hearing Date: February 14, 2020 [TENTATIVE] RULING RE: Defendant STARBUCKS CORPORATION’S PETITION to Compel Arbitration and stay proceedings Defendant Starbucks Corporation’s Motion to Compel Arbitration is DENIED. FACTUAL BACKGROUND This is an action for employment discrimination, harassment, and retaliation. Plaintiff Jane Doe (“Doe”) alleges as follows. Doe, a minor, was hired by Starbucks Corpor...

...retention FEHA Wrongful termination FEHA failure to prevent discrimination, harassment, and retaliation Intentional infliction of emotional distress Starbucks filed the present Petition to Compel Arbitration on December 13, 2019. Doe filed an Opposition on January 31, 2020. Starbucks filed a Reply on February 6, 2020. Discussion PETITION TO COMPEL ARBITRATION On petition of a party to an arbitration ...

  • Hearing

    Feb 13, 2020

TROXELL VS GEN 2 CARS INC

TENTATIVE RULING Defendant Gen 2H-Cars, Inc., dba Frank Hyundai's motion to compel arbitration is granted. The parties shall discuss whether the case should be stayed pursuant to Code of Civil Procedure section 1281.2(d). The California Supreme Court in Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899, 921–922, held that similar language regarding repos...

...agreement was not unconscionable. Plaintiffs Joshua Troxell and Carol Torigian have failed to meet their burden of proving unconscionability. (Id. at 912.) Accordingly, the parties are ordered to proceed with arbitration within 30 days.

  • Hearing

    Feb 13, 2020

TAYJA COWAN VS HARRINGTON AUTOMOTIVE INC D/B/A LODI CHRYSLER DODGE JEEP RAM ET AL.

...considered Defendant, Chrysler Capital, LLC's unopposed Motion to Compel Arbitration filed herein on January 9. 2020 and good cause appearing therefrom, Defendant's motion is Granted. The action herein is stayed. The case remains set for Case Management Conference now scheduled for April 14, 2020 at 8:45 am in Department 10A. Hon. George J. Abdallah, Jr.

  • Hearing

    Feb 13, 2020

AGUILAR VS. SATELLITE MANAGEMENT

...Ruling: Defendant Satellite Management Co.’s Motion to Compel Arbitration is GRANTED. However, Defendant is ordered to pay all costs unique to arbitration. The case is stayed pending resolution of the arbitration. Request for Judicial Notice: The Court takes judicial notice of the Complaint filed in this action, as requested by Defendant. (Evid. Code, § 452(d).) Motion to Compel Arbitration: Defendant submits ...

...unconscionable because it was not substantively unconscionable. Stay Action: Based on the Court’s tentative decision to grant the motion to compel arbitration, the case is be stayed pending resolution of the arbitration. Defendant to give notice.

  • Hearing

    Feb 11, 2020

ANA MANDUJANO VS THERESA LEON, ET AL.

PETITION TO COMPEL ARBITRATION IS GRANTED. Background On September 24, 2019, Plaintiff Ana Mandujano filed the instant action against Defendants Macy’s West Stores, Inc.; Macy’s, Inc.; Theresa Leon; and Does 1 through 100. The Co...

...1102.5; Intentional Infliction of Emotional Distress; and Violation of Business & Professions Code § 17200, et seq. Defendants Macy’s West Stores, Inc. and Macy’s, Inc. (hereinafter “Defendants”) move for an order compelling Plaintiff to arbitrate her disputes with Defendants and staying this action pending the outcome of arbitration. Legal Standard California law incorporates many of the basic policy objectives con...

  • Hearing

    Feb 10, 2020

M N M CONSTRUCTION SERVICES, INC. VS DONALD D. SWANK, ET AL.

...d. swank, et al., Defendants. Case No.: 19STCV39670 Hearing Date: February 10, 2020 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: DEFENDANTS’ PETITION TO COMPEL MEDIATION AND/OR ARBITRATION AND TO STAY ACTION Background Plaintiff M N M Construction Services, Inc. (“Plaintiff”) filed this breach of contract action on November 4, 2019. Defendants Donald D. Swank and Pearl M. Swank, individually and ...

...and arbitrate its claims against Defendants. The motion is unopposed. Legal Standard In 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, e...

  • Hearing

    Feb 10, 2020

ANA NAVA RODRIGUEZ VS FORD MOTOR COMPANY, ET AL.

...of Montebello, Inc. Resp. Party: Plaintiff Ana Nava Rodriguez Defendants’ motion to compel arbitration is GRANTED as to Ford of Montebello and DENIED as to Ford Motor Company. Defendants’ motion to stay the proceedings is GRANTED. PRELIMINARY COMMENTS: The Court is denying this motion to compel arbitration as to Ford Motor Company for the legal reasons set forth below. However, the Court cannot ign...

...contribution; (3) apportionment; and (4) declaratory relief. On January 8, 2020, Defendants filed the instant motion to compel arbitration and stay action. ANALYSIS: Defendants move for an order compelling arbitration “on the ground that Plaintiff’s claims concerning a 2016 Ford Explorer (VIN 1FM5K7D84GGB86874) fall within the arbitration provision in the California Retail Installment Sale Contract – Simple Finance...

  • Hearing

    Feb 7, 2020

RONALD ASHLEY, ET AL VS. KENNETH L, HURWITZ, ET AL

NATURE OF PROCEEDINGS: MOTION TO COMPELARBITRATION AND TO STAY PROCEEDINGS [DEFT] GAIL H. HURWITZ [DEFT] KENNETH L. HURWITZ RULlNG Defendants’ motion to compel arbitration and stay action is granted, In St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4‘l1 1187, 1195-1 196, the court wrote regarding waiver of the right to arbitrate: ‘. .. State law , .reflects...

...party has unreasonably delayed in undertaking the procedure, The decisions likewise hold that the “bad faith” or “wilful misconduct” of a party may constitute a waiver and thus justify a refusal to compel arbitration ‘ ” In Sobremanre v. Superior Court (1998) 61 Cal,App,4‘h 980, . i, the Court of Appeal referred to the following factors: “In determining waiver, a court can consider ‘(1) whether the party’s action...

  • Hearing

    Feb 7, 2020

LARSEN V. ECKLAND

Defendants’ Motion to Compel Arbitration. On August 29, 2019 plaintiff filed an action against defendant Morgan Stanley Corp. (Morgan Stanley) and individual defendants who were the Trust’s financial advisor at Morgan Stanley and the Morgan ...

...provide and concealment of financial documents and records regarding the account. (See Complaint, paragraphs 8, 14, 15-17, 20, 25, and 27-29.) On December 5, 2019 defendant filed a petition/motion to compel arbitration of a dispute arising out of an agreement. Attached to the petition as Exhibits 1-7 are copies of the subject agreements related to Morgan Stanley accounts and the predecessor Dean Witter Accounts. The...

  • Hearing

    Feb 7, 2020

JULIO CESAR MARTINEZ DIAZ, ET AL. VS XPO LOGISTICS, INC., ET AL.

SUBJECT: Motion to Compel Arbitration and Dismiss/Stay of Proceedings Moving Party: Defendants XPO Logistics, Inc., XPO Logistics Port Services, LLC, Jeffrey Trauner, Exequiel Chevez and Miguel Camacho Resp. Party: Plaintiff Eber F. Linares Defendants’...

...competition). On November 22, 2019, Defendants filed a motion to compel Plaintiff Eber F. Linares’ claims to arbitration and to dismiss his claims or, in the alternative, stay this matter pending the completion of arbitration. ANALYSIS: A. Request for Judicial Notice Defendants request that the Court take judicial notice of the following exhibit: · Exhibit A: The United States District Court of the Northern District of...

  • Hearing

    Feb 7, 2020

OAK GROVE CONSTRUCTION C0,, INC. VSI FIRST REPUBLIC BANK, ET AL

...PROCEEDINGS: MOTION TO COMPELARBITRATION AND TO STAY PORTION OF THE ACTION PENDING ARBITRATION [CRDF] BAY POINT CONTROL, INC. RULING Bay Point Control, Inc.’s unopposed Motion to Compel Arbitration and to Stay Portion of the Action Pending Arbitration is GRANTED. In this multi-party consolidated action, on October 2, 2017, Cross-Complainant Thompson Brooks, Inc, filed an Amendment to its Cross-Complaint nam...

  • Hearing

    Feb 7, 2020

SMITH VS. GLEN

...to compel arbitration, brought by defendants Ben Glen and Law Offices of Ben Glen, P.C., is granted. All four plaintiffs shall arbitrate all of the claims set forth in their Complaint. This action is stayed pending the outcome of the arbitration. The hearing on the separate motion for an evidentiary hearing is dropped from calendar. The case is set for Case Management Conference on September 7, 2020 at...

...representative of his estate that is the party to the lawsuits, and to the prior fee agreement.  Plaintiffs Nigel Smith and Lashandra Smith-Lockett are estopped from arguing that they are not bound by the arbitration clause in the subject fee agreement. This is because, in the Third Cause of Action for breach of contract, all four plaintiffs seek to impose contractual liability on all three defendants under the fe...

  • Hearing

    Feb 7, 2020

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