The motion is granted. The matter is ordered to mediation and if that is unsuccessful then to arbitration pursuant to the terms of the Purchase Agreement. The matter is stayed pending completion of the mediation and/or arbitration. A status conference regarding mediation/arbitration is set for 8:30 a.m., 01/27/17, in Department PS1. Defendants are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith.
The moving papers were timely filed and served. The opposition was timely filed, but no Proof of Service was provided to determine whether service was timely. In their reply Defendants state that the opposition was mailed to them on 9/17/16. The reply was timely filed, but untimely served. Service was required via overnight means, but was instead mailed, resulting in service being accomplished 4 days late.
On 8/4/16, Plaintiff Maria Garcia (“Garcia”) filed her complaint against Defendants Silver Spur Secured Homes, LLC (“Silver Spur”), Marc Lofman (“Lofman”), LUXA
Hearing Date
October 05, 2016
For full print and download access, please subscribe at https://www.trellis.law/.
The motion is granted. The matter is ordered to mediation and if that is unsuccessful then to arbitration pursuant to the terms of the Purchase Agreement. The matter is stayed pending completion of the mediation and/or arbitration. A status conference regarding mediation/arbitration is set for 8:30 a.m., 01/27/17, in Department PS1. Defendants are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith.
The moving papers were timely filed and served. The opposition was timely filed, but no Proof of Service was provided to determine whether service was timely. In their reply Defendants state that the opposition was mailed to them on 9/17/16. The reply was timely filed, but untimely served. Service was required via overnight means, but was instead mailed, resulting in service being accomplished 4 days late.
On 8/4/16, Plaintiff Maria Garcia (“Garcia”) filed her complaint against Defendants Silver Spur Secured Homes, LLC (“Silver Spur”), Marc Lofman (“Lofman”), LUXA