On May 04, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Gonzalez-Larios, Maria De Jesus,
and
Great American Insurance Company,
Paul Blanco'S Good Car Company Bakersfield,
Westlake Services, Llc,
for 37-CV Other Contract-Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Hearing Date: 03/11/2021 Time: 8:30 AM - 12:00 PM
GONZALEZ-LARIOS VS PAUL BLANCO'S GOOD CAR COMPANY BAKERSFIELD, A CALIFORNIA CORPORATION ET AL
BCV-20-101062
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court Reporter: CYNTHIA POLA Bailiff: Deputy Sheriff
Interpreter: Language Of:
PARTIES:
Present:
GONZALEZ-LARIOS, MARIA DE JESUS Plaintiff, BABBITT, GREGORY T Attorney, Present
Not Present
WESTLAKE SERVICES, LLC Defendant, Not SIREY, PAIGE C. Attorney, Present
Present
Not Present:
GREAT AMERICAN INSURANCE COMPANY NYS, MARK H Attorney
Defendant
PAUL BLANCO'S GOOD CAR COMPANY SHARMA, GAURAV D. Attorney
BAKERSFIELD Defendant
Court Call
NATURE OF PROCEEDINGS: MOTION TO COMPEL
Hearing Start Time:8:32 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
The Court appoints Cynthia Pola from the Pro Tempore list as the Official Court Reporter for Motion to Compel
Arbitrator. Oath on file.
Matter argued by counsel and submitted.
The Court makes the following findings and orders:
Motion to Compel Arbitrator and Motion to Stay - Granted.
***STAY OF ENTIRE CASE EFFECTIVE 03/11/2021***
Defendant Westlake Services, LLC's motion to compel arbitration before the American Arbitration Association
MINUTES
Page 1 of 2
GONZALEZ-LARIOS VS PAUL BLANCO'S GOOD CAR COMPANY BCV-20-101062
BAKERSFIELD, A CALIFORNIA CORPORATION ET AL
("AAA") and for a stay of Plaintiff's action pending completion of the arbitration is granted except that arbitration
before AAA .
Pursuant to CCP section 1281.6, the court hereby directs the parties to [meet and confer before the continued
hearing date of 05/12/2021, at 8:15 a.m., in Department 17 in an effort to reach agreement on a method of
appointing an arbitrator - or - supply a joint list of persons to the court by 05/10/2021, from which the court will
nominate five persons and the parties may then jointly select the arbitrator from the nominees; if a joint selection
is not made, the court will appoint a single arbitrator from the nominees in line with the statute.]
Defendant's request to stay this action pending completion of the arbitration proceeding is granted as to the entire
action and all parties, without prejudice to any party being allowed to seek an order lifting the stay in whole or in
part as necessary and appropriate. The trial date, the mandatory settlement conference date and the final case
management conference date are vacated at this time. A status conference is hereby set for 11/09/2021, at 8:15
a.m., in Department 17. The parties are ordered to file a joint status report advising the court of the arbitration
proceeding's progress at least five court days prior to the status conference.
Defendant's request for reimbursement of $444.95 pursuant to CCP section 1293.2 is denied without prejudice.
The costs request is premature. CCP section 1293.2 states that "[t]he court shall award costs upon any judicial
proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this
code."
Chapter 6 in turn provides for costs to a prevailing party (see CCP section 1032(b)). The opposition argument that
Westlake has not prevailed in the case yet has merit. Defendant may seek costs at the appropriate time.
Mandatory settlement conference set for 09/17/2021, vacated.
Final case management conference/Jury trial set for 10/04/2021, vacated.
Case status conference set for 05/12/2021, at 8:15 a.m., in Department 17. RE: arbitrator.
Case status conference set for 11/09/2021, at 8:15 a.m., in Department 17.
Counsel for Defendant to prepare order for signature pursuant to CRC 3.1312. In the meantime, the clerk's
minutes will be the order of the court.
Further notice waived.
FUTURE HEARINGS:
May 12, 2021 8:15 AM Case Status Conference
November 09, 2021 8:15 AM Case Status Conference
Clark, Thomas S.
Bakersfield Department 17
Sheriff, Deputy
MINUTES FINALIZED BY: LINDA HALL ON: 3/11/2021
MINUTES
Page 2 of 2
GONZALEZ-LARIOS VS PAUL BLANCO'S GOOD CAR COMPANY BCV-20-101062
BAKERSFIELD, A CALIFORNIA CORPORATION ET AL
Document Filed Date
March 11, 2021
Case Filing Date
May 04, 2020
Category
37-CV Other Contract-Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 17 Hearing Date: 03/11/2021 Time: 8:30 AM - 12:00 PM GONZALEZ-LARIOS VS PAUL BLANCO'S GOOD CAR COMPANY BAKERSFIELD, A CALIFORNIA CORPORATION ET AL BCV-20-101062 Honorable: Thomas S. Clark Clerk: Linda K. Hall Court Reporter: CYNTHIA POLA Bailiff: Deputy Sheriff Interpreter: Language Of: PARTIES: Present: GONZALEZ-LARIOS, MARIA DE JESUS Plaintiff, BABBITT, GREGORY T Attorney, Present Not Present WESTLAKE SERVICES, LLC Defendant, Not SIREY, PAIGE C. Attorney, Present Present Not Present: GREAT AMERICAN INSURANCE COMPANY NYS, MARK H Attorney Defendant PAUL BLANCO'S GOOD CAR COMPANY SHARMA, GAURAV D. Attorney BAKERSFIELD Defendant Court Call NATURE OF PROCEEDINGS: MOTION TO COMPEL Hearing Start Time:8:32 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. The Court appoints Cynthia Pola from the Pro Tempore list as the Official Court Reporter for Motion to Compel Arbitrator. Oath on file. Matter argued by counsel and submitted. The Court makes the following findings and orders: Motion to Compel Arbitrator and Motion to Stay - Granted. ***STAY OF ENTIRE CASE EFFECTIVE 03/11/2021*** Defendant Westlake Services, LLC's motion to compel arbitration before the American Arbitration Association MINUTES Page 1 of 2 GONZALEZ-LARIOS VS PAUL BLANCO'S GOOD CAR COMPANY BCV-20-101062 BAKERSFIELD, A CALIFORNIA CORPORATION ET AL ("AAA") and for a stay of Plaintiff's action pending completion of the arbitration is granted except that arbitration before AAA . Pursuant to CCP section 1281.6, the court hereby directs the parties to [meet and confer before the continued hearing date of 05/12/2021, at 8:15 a.m., in Department 17 in an effort to reach agreement on a method of appointing an arbitrator - or - supply a joint list of persons to the court by 05/10/2021, from which the court will nominate five persons and the parties may then jointly select the arbitrator from the nominees; if a joint selection is not made, the court will appoint a single arbitrator from the nominees in line with the statute.] Defendant's request to stay this action pending completion of the arbitration proceeding is granted as to the entire action and all parties, without prejudice to any party being allowed to seek an order lifting the stay in whole or in part as necessary and appropriate. The trial date, the mandatory settlement conference date and the final case management conference date are vacated at this time. A status conference is hereby set for 11/09/2021, at 8:15 a.m., in Department 17. The parties are ordered to file a joint status report advising the court of the arbitration proceeding's progress at least five court days prior to the status conference. Defendant's request for reimbursement of $444.95 pursuant to CCP section 1293.2 is denied without prejudice. The costs request is premature. CCP section 1293.2 states that "[t]he court shall award costs upon any judicial proceeding under this title as provided in Chapter 6 (commencing with Section 1021) of Title 14 of Part 2 of this code." Chapter 6 in turn provides for costs to a prevailing party (see CCP section 1032(b)). The opposition argument that Westlake has not prevailed in the case yet has merit. Defendant may seek costs at the appropriate time. Mandatory settlement conference set for 09/17/2021, vacated. Final case management conference/Jury trial set for 10/04/2021, vacated. Case status conference set for 05/12/2021, at 8:15 a.m., in Department 17. RE: arbitrator. Case status conference set for 11/09/2021, at 8:15 a.m., in Department 17. Counsel for Defendant to prepare order for signature pursuant to CRC 3.1312. In the meantime, the clerk's minutes will be the order of the court. Further notice waived. FUTURE HEARINGS: May 12, 2021 8:15 AM Case Status Conference November 09, 2021 8:15 AM Case Status Conference Clark, Thomas S. Bakersfield Department 17 Sheriff, Deputy MINUTES FINALIZED BY: LINDA HALL ON: 3/11/2021 MINUTES Page 2 of 2 GONZALEZ-LARIOS VS PAUL BLANCO'S GOOD CAR COMPANY BCV-20-101062 BAKERSFIELD, A CALIFORNIA CORPORATION ET AL