Judge: Armen Tamzarian, Case: 22STCV21852, Date: 2023-04-12 Tentative Ruling

Case Number: 22STCV21852    Hearing Date: April 12, 2023    Dept: 52

Tentative Ruling:

            Defendant 5 Star K-9 Academy, Inc. dba Master Dog Training’s Motion to Compel Arbitration and for Order to Stay Proceedings

Defendant 5 Star K-9 Academy, Inc. dba Master Dog Training moves to compel arbitration and stay this action. 

Defendant did not give plaintiff Dylan Yeiser-Fodness timely notice of this motion.  “[A]ll moving and supporting papers shall be served and filed at least 16 court days before the hearing.”  (CCP § 1005(b).)  Defendant filed this motion on March 21, 2023—only 15 court days before this hearing on April 12.

Defendant’s proof of service also shows it did not timely serve the moving papers.  “[A]ny period of notice …  shall be extended five calendar days, upon service by mail.”  (CCP § 1013(a).)  The proof of service states defendant served the motion by mail on March 19.  After adding five calendar days, defendant’s deadline to serve this motion by mail was March 15. 

Finally, plaintiff presents evidence that defendant did not serve the motion until March 27.  Plaintiff’s counsel received the moving papers by priority mail on March 28.  (Ryu Decl., ¶ 6, Ex. A.)  The envelope’s shipping label states it was mailed on March 27.  (Ibid.)  Plaintiff’s deadline to file an opposition was March 29, nine court days before the hearing.  (CCP § 1005(b).) 

Defendant’s untimely notice of this motion deprived plaintiff a fair opportunity to oppose it.  The court will exercise its discretion to continue the hearing on this motion to give plaintiff that opportunity.

Disposition

The court hereby continues the hearing on defendant 5 Star K-9 Academy, Inc. dba Master Dog Training’s motion to compel arbitration to May 4, 2023, at 9:00 a.m.  Plaintiff shall file any supplemental opposition no later than April 21.  Defendant shall file any supplemental reply no later than April 27.