Defendant Allcom Electric, Inc. (“Defendant”) seeks to compel Plaintiff Eduardo Rivera (“Plaintiff”) to arbitration and to stay this proceeding pending arbitration. For the reasons which follow, the motion is DENIED.
The Court overrules Defendant’s objection to the timeliness of the Opposition. It is “not clear that the arbitration petition statute – rather than the general motions statute – governs the timing requirements when a complaint has been filed in court.” (Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602, 613.)
Plaintiff has complied with the timing requirements under the general motions statute.
Even if the arbitration petition statute did apply, that statute permits this Court to extend the time for a response for good cause. Similarly, this Court may consider late-filed oppositions for good cause if there is no undue prejudice to the moving party and in furtherance of the strong policy favoring disposition of claims on the merits. (Correia v. NB Baker Electric,
Hearing Date
November 19, 2020
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Defendant Allcom Electric, Inc. (“Defendant”) seeks to compel Plaintiff Eduardo Rivera (“Plaintiff”) to arbitration and to stay this proceeding pending arbitration. For the reasons which follow, the motion is DENIED.
The Court overrules Defendant’s objection to the timeliness of the Opposition. It is “not clear that the arbitration petition statute – rather than the general motions statute – governs the timing requirements when a complaint has been filed in court.” (Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602, 613.)
Plaintiff has complied with the timing requirements under the general motions statute.
Even if the arbitration petition statute did apply, that statute permits this Court to extend the time for a response for good cause. Similarly, this Court may consider late-filed oppositions for good cause if there is no undue prejudice to the moving party and in furtherance of the strong policy favoring disposition of claims on the merits. (Correia v. NB Baker Electric,