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DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E
1 EDDIE ADAMS, State Bar #160138
4880 Douglas Blvd.
2 Granite Bay, CA 95746
Telephone: (916) 320-4333
3 Fax: (916) 303-4331
Email: eddieadamslaw@outlook.com
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Attorney For Defendants Shawn H. Cantlin and Christel R. Cantlin
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF PLACER
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MICHAEL DAVID and TERESA ) Case No.: S-CV-0050792
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) NOTICE OF MOTION AND MOTION FOR
PERSLEY ) ORDER COMPELLING ARBITRATION
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) AND STAYING THE LITIGATION;
12 PLAINTIFFS, ) MEMORANDUM IN SUPPORT;
) DECLARATION OF PETITIONER
13 v. ) CHRISTEL R. CANTLIN
) Cal. Code Civ. Proc. 1281.2
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SHAWN H. CANTLIN, and CHRISTEL R. ) Hearing Date: October 5, 2023
15 CANTLIN. ) Hearing Time: 8:30 a.m.
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) Dept.: 3
16 Defendants. ) Judge: Jones
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) Compl. Filed: 06/30/2023
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)
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19 TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:
20 YOU ARE HEREBY NOTIFIED THAT on October 5, 2023, in Department 3 of this Court
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located at 10820 Justice Center Drive, Roseville, C 95678, Defendants Shawn H. Cantlin and
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Christel R. Cantlin will move the Court for an order compelling arbitration and staying the
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litigation.
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25 This motion is made on the ground that on or about December 24th, 2020, Plaintiffs and
26 Defendants entered into a written agreement, a copy of which agreement is attached to
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Plaintiffs’ Complaint as Exhibit A and incorporated herein in full by reference, wherein under
28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION;
MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN
Cal. Code Civ. Proc. 1281.2
DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E
1 the provisions of paragraph 22.B. of the agreement, it is stated that in the event a dispute arose
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between the parties to the agreement that such dispute should be resolved by arbitration as
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therein set forth. The agreement is in full force and effect and a dispute has arisen given that
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Plaintiffs have commenced this lawsuit against Defendants based on that agreement.
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6 Plaintiffs’ lawsuit against Defendants constitutes effective refusal of the obligation to
7 arbitrate. Hyundai Amco America, Inc. v. S3H, Inc. (2014) 232 CA4th 572, 574, 576-578, 181
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CR3d 470, 471, 472-474. Defendants have not waived their rights to have the dispute resolved
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by arbitration and no grounds exist for the revocation of the agreement.
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Wherefore, Defendants move this court for an order compelling Plaintiffs to arbitrate
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12 this dispute and further for an order staying the litigation pending arbitration.
13 Date: August 25, 2023
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__________________________
15 Eddie Adams, Esq.
Attorney for Defendants, Shawn H. Cantlin and Christel R. Cantlin
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18 MEMORANDUM IN SUPPORT OF MOTION
FOR ORDERS COMPELLING
19 ARBITRATION AND STAYING THE
LITIGATION
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21 Law:
22 1. A party to an arbitration agreement may seek a court order compelling the parties to
arbitrate a dispute covered by the agreement. [CCP § 1281.2]
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24 2. A proceeding to compel arbitration is essentially a suit in equity to compel specific
performance of the arbitration agreement. Freeman v. State Farm Mut. Auto. Ins. Co.
25 (1975) 14 C3d 473, 479, 121 CR 477, 480
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3. If an arbitrable controversy is involved in an action presently pending in a superior
27 court, the petition to compel arbitration shall be filed in that action. [CCP § 1292.4]
28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION;
MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN
Cal. Code Civ. Proc. 1281.2
DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E
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4. If a lawsuit is already pending on the claim involved, an order compelling arbitration
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may be obtained by either petition or motion. An order staying the pending action may
3 be granted concurrently therewith. Mercury Ins. Group v. Sup.Ct. (Wooster) (1998) 19
C4th 332, 349, 79 CR2d 308, 317
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5. Defendant may file such petition or motion in lieu of an answer to the complaint. Doing
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so extends Defendant's time to plead until 15 days after a denial of the petition. [CCP §
6 1281.7]
7 6. The petition to compel should be prepared in accordance with the rules applicable to
motions generally Weil & Brown et al., Cal. Prac. Guide: Civ. Pro. Before Trial (TRG),
8
Ch. 9 Part I). [CRC 3.1103(a)(2); and Strauch v. Eyring (1994) 30 CA4th 181, 184, 35
9 CR2d 747, 748]
10 7. The petition must allege specific facts (rather than mere conclusions) demonstrating the
existence of an arbitrable controversy. Graphic Arts Int'l Union v. Oakland Nat'l
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Engraving Co. (1986) 185 CA3d 775, 781, 230 CR 95, 99
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8. The motion to compel must set forth the provisions of the written agreement and the
13 arbitration clause verbatim, or the provisions must be physically or electronically
attached and incorporated by reference. CRC 3.1330; see Condee v. Longwood Mgmt.
14
Corp. (2001) 88 CA4th 215, 218-219, 105 CR2d 597, 599
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9. If the opposing has filed a lawsuit, that effectively establishes that it refuses to arbitrate,
16 and a formal demand for arbitration is unnecessary. Hyundai Amco America, Inc. v.
S3H, Inc. (2014) 232 CA4th 572, 574, 576-578, 181 CR3d 470, 471, 472-474.
17
18 Legal Argument:
19 In this case, Plaintiffs have filed a lawsuit against Defendants arising out of a written
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agreement, which written agreement expressly mandates in paragraph 22.B that the parties must
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arbitrate any dispute. Paragraph 22. B. states:
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28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION;
MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN
Cal. Code Civ. Proc. 1281.2
DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E
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11 Therefore, under authority of the above-stated applicable law, Plaintiffs should be
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compelled to arbitrate and this litigation should be stayed pending completion of arbitration.
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This motion will be based on this notice of motion, memorandum of Points and
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15 Authorities, the declaration of Christel R. Cantlin, any reply to be filed, on the records and files
16 herein, and on such evidence as may be presented at the hearing of the motion.
17 Date: August 25, 2023
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__________________________
19 Eddie Adams, Esq.
Attorney for Defendants, Shawn H. Cantlin and Christel R. Cantlin
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DECLARATION OF CHRISTEL R. CANTLIN
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I, Defendant Christel R. Cantlin hereby declare that the matters stated in this declaration
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24 are of my own personal knowledge and if called to testify I would and could testify to their
25 truth.
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28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION;
MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN
Cal. Code Civ. Proc. 1281.2
DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E
1 1. On or about December 24, 2020, Defendant, Shawn H. Cantlin and I entered into a written
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agreement with Plaintiffs, a copy of which is attached to the Complaint marked “Exhibit A” and
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incorporated herein in full by reference, and made a part hereof.
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2. Under the provisions of paragraph 22. B. of the agreement, it is stated that in the event a
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6 dispute arose between the parties such dispute should be resolved by arbitration as therein set
7 forth.
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3. The agreement is in full force and effect and a dispute has arisen in that Plaintiffs have filed
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this lawsuit against my husband and me.
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4. By virtue of filing this lawsuit, Plaintiffs have refused to resolve this dispute via mediation
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12 and/or arbitration.
13 5. I have not waived my right to have the dispute resolved by arbitration and no grounds exist
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for the revocation of the agreement.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
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true and correct.
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18 Date: August 25, 2023
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_______________________________
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Defendant, CHRISTEL R. CANTLIN
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28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION;
MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN
Cal. Code Civ. Proc. 1281.2
Preview
DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E 1 EDDIE ADAMS, State Bar #160138 4880 Douglas Blvd. 2 Granite Bay, CA 95746 Telephone: (916) 320-4333 3 Fax: (916) 303-4331 Email: eddieadamslaw@outlook.com 4 Attorney For Defendants Shawn H. Cantlin and Christel R. Cantlin 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF PLACER 8 9 MICHAEL DAVID and TERESA ) Case No.: S-CV-0050792 10 ) ) NOTICE OF MOTION AND MOTION FOR PERSLEY ) ORDER COMPELLING ARBITRATION 11 ) AND STAYING THE LITIGATION; 12 PLAINTIFFS, ) MEMORANDUM IN SUPPORT; ) DECLARATION OF PETITIONER 13 v. ) CHRISTEL R. CANTLIN ) Cal. Code Civ. Proc. 1281.2 14 ) SHAWN H. CANTLIN, and CHRISTEL R. ) Hearing Date: October 5, 2023 15 CANTLIN. ) Hearing Time: 8:30 a.m. ) ) Dept.: 3 16 Defendants. ) Judge: Jones 17 ) Compl. Filed: 06/30/2023 ) ) 18 19 TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY: 20 YOU ARE HEREBY NOTIFIED THAT on October 5, 2023, in Department 3 of this Court 21 located at 10820 Justice Center Drive, Roseville, C 95678, Defendants Shawn H. Cantlin and 22 Christel R. Cantlin will move the Court for an order compelling arbitration and staying the 23 litigation. 24 25 This motion is made on the ground that on or about December 24th, 2020, Plaintiffs and 26 Defendants entered into a written agreement, a copy of which agreement is attached to 27 Plaintiffs’ Complaint as Exhibit A and incorporated herein in full by reference, wherein under 28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION; MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN Cal. Code Civ. Proc. 1281.2 DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E 1 the provisions of paragraph 22.B. of the agreement, it is stated that in the event a dispute arose 2 between the parties to the agreement that such dispute should be resolved by arbitration as 3 therein set forth. The agreement is in full force and effect and a dispute has arisen given that 4 Plaintiffs have commenced this lawsuit against Defendants based on that agreement. 5 6 Plaintiffs’ lawsuit against Defendants constitutes effective refusal of the obligation to 7 arbitrate. Hyundai Amco America, Inc. v. S3H, Inc. (2014) 232 CA4th 572, 574, 576-578, 181 8 CR3d 470, 471, 472-474. Defendants have not waived their rights to have the dispute resolved 9 by arbitration and no grounds exist for the revocation of the agreement. 10 Wherefore, Defendants move this court for an order compelling Plaintiffs to arbitrate 11 12 this dispute and further for an order staying the litigation pending arbitration. 13 Date: August 25, 2023 14 __________________________ 15 Eddie Adams, Esq. Attorney for Defendants, Shawn H. Cantlin and Christel R. Cantlin 16 17 18 MEMORANDUM IN SUPPORT OF MOTION FOR ORDERS COMPELLING 19 ARBITRATION AND STAYING THE LITIGATION 20 21 Law: 22 1. A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. [CCP § 1281.2] 23 24 2. A proceeding to compel arbitration is essentially a suit in equity to compel specific performance of the arbitration agreement. Freeman v. State Farm Mut. Auto. Ins. Co. 25 (1975) 14 C3d 473, 479, 121 CR 477, 480 26 3. If an arbitrable controversy is involved in an action presently pending in a superior 27 court, the petition to compel arbitration shall be filed in that action. [CCP § 1292.4] 28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION; MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN Cal. Code Civ. Proc. 1281.2 DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E 1 4. If a lawsuit is already pending on the claim involved, an order compelling arbitration 2 may be obtained by either petition or motion. An order staying the pending action may 3 be granted concurrently therewith. Mercury Ins. Group v. Sup.Ct. (Wooster) (1998) 19 C4th 332, 349, 79 CR2d 308, 317 4 5. Defendant may file such petition or motion in lieu of an answer to the complaint. Doing 5 so extends Defendant's time to plead until 15 days after a denial of the petition. [CCP § 6 1281.7] 7 6. The petition to compel should be prepared in accordance with the rules applicable to motions generally Weil & Brown et al., Cal. Prac. Guide: Civ. Pro. Before Trial (TRG), 8 Ch. 9 Part I). [CRC 3.1103(a)(2); and Strauch v. Eyring (1994) 30 CA4th 181, 184, 35 9 CR2d 747, 748] 10 7. The petition must allege specific facts (rather than mere conclusions) demonstrating the existence of an arbitrable controversy. Graphic Arts Int'l Union v. Oakland Nat'l 11 Engraving Co. (1986) 185 CA3d 775, 781, 230 CR 95, 99 12 8. The motion to compel must set forth the provisions of the written agreement and the 13 arbitration clause verbatim, or the provisions must be physically or electronically attached and incorporated by reference. CRC 3.1330; see Condee v. Longwood Mgmt. 14 Corp. (2001) 88 CA4th 215, 218-219, 105 CR2d 597, 599 15 9. If the opposing has filed a lawsuit, that effectively establishes that it refuses to arbitrate, 16 and a formal demand for arbitration is unnecessary. Hyundai Amco America, Inc. v. S3H, Inc. (2014) 232 CA4th 572, 574, 576-578, 181 CR3d 470, 471, 472-474. 17 18 Legal Argument: 19 In this case, Plaintiffs have filed a lawsuit against Defendants arising out of a written 20 agreement, which written agreement expressly mandates in paragraph 22.B that the parties must 21 arbitrate any dispute. Paragraph 22. B. states: 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION; MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN Cal. Code Civ. Proc. 1281.2 DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E 1 2 3 4 5 6 7 8 9 10 11 Therefore, under authority of the above-stated applicable law, Plaintiffs should be 12 compelled to arbitrate and this litigation should be stayed pending completion of arbitration. 13 This motion will be based on this notice of motion, memorandum of Points and 14 15 Authorities, the declaration of Christel R. Cantlin, any reply to be filed, on the records and files 16 herein, and on such evidence as may be presented at the hearing of the motion. 17 Date: August 25, 2023 18 __________________________ 19 Eddie Adams, Esq. Attorney for Defendants, Shawn H. Cantlin and Christel R. Cantlin 20 21 DECLARATION OF CHRISTEL R. CANTLIN 22 I, Defendant Christel R. Cantlin hereby declare that the matters stated in this declaration 23 24 are of my own personal knowledge and if called to testify I would and could testify to their 25 truth. 26 27 28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION; MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN Cal. Code Civ. Proc. 1281.2 DocuSign Envelope ID: B8EC71B1-D4EB-4763-8437-7673E02F8B1E 1 1. On or about December 24, 2020, Defendant, Shawn H. Cantlin and I entered into a written 2 agreement with Plaintiffs, a copy of which is attached to the Complaint marked “Exhibit A” and 3 incorporated herein in full by reference, and made a part hereof. 4 2. Under the provisions of paragraph 22. B. of the agreement, it is stated that in the event a 5 6 dispute arose between the parties such dispute should be resolved by arbitration as therein set 7 forth. 8 3. The agreement is in full force and effect and a dispute has arisen in that Plaintiffs have filed 9 this lawsuit against my husband and me. 10 4. By virtue of filing this lawsuit, Plaintiffs have refused to resolve this dispute via mediation 11 12 and/or arbitration. 13 5. I have not waived my right to have the dispute resolved by arbitration and no grounds exist 14 for the revocation of the agreement. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is 16 true and correct. 17 18 Date: August 25, 2023 19 _______________________________ 20 Defendant, CHRISTEL R. CANTLIN 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING ARBITRATION AND STAYING THE LITIGATION; MEMORANDUM IN SUPPORT; DECLARATION OF PETITIONER CHRISTEL R. CANTLIN Cal. Code Civ. Proc. 1281.2