Judge: Daniel M. Crowley, Case: 23STCV12145, Date: 2023-11-28 Tentative Ruling

Case Number: 23STCV12145    Hearing Date: April 8, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Plaintiff Swamp Capital LLC’s unopposed motion to compel arbitration is denied.

Plaintiff Swamp Capital LLC (“Swamp”) (“Plaintiff”) moves unopposed for an order compelling Defendants to arbitration on the basis Defendants are bound by a written agreement to arbitrate the subject matter of the Complaint.  (Notice of Motion, pg. 1; C.C.P. §1281.2.) 

Background

On May 30, 2023, Plaintiff filed its initial complaint against Defendants H.O.T.N. Holdings, LLC (“Holdings”), H.O.T.N. Club, Inc. (“Club”), Libra Hollywood, LLC (“Hollywood”), Libra Crenshaw, LLC (“Crenshaw”), Zaremy Inc. (“Zaremy Inc.”), J. Mills, Inc.’s (“Mills Inc.”), PMOrdonez Company (“PMO Co.”), BAU Inc. (“BAU Inc.”), John Greenwood (“Greenwood”), Howard J. “Josh” Mills (“Mills”), Pedro Ordonez (“Ordonez”), and Bradley Ulisky (“Ulisky”) (collectively, “Defendants”) alleging (1) breach of contracts; (2) fraud; (3) conversion; and (4) appointment of a receiver.  Plaintiff filed its operative first amended complaint (“FAC”) on December 21, 2023.

On November 28, 2023, this Court denied Plaintiff’s motion to compel arbitration on the basis Plaintiff failed to meet its burden to prove the existence of a valid arbitration agreement with Defendants.  (See 11/28/23 Minute Order, pg. 6.)

Plaintiff filed the instant motion on April 2, 2024.  As of the date of this hearing no opposition has been filed.

The Court denies Plaintiff’s motion on the basis the motion was filed in violation of C.C.P. §1005(b), which states that “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.”  (C.C.P. §1005(b), emphasis added.)  Plaintiff’s motion was filed on April 2, 2024, to be heard on April 8, 2024, less than 16 court days before this hearing.

Accordingly, Plaintiff’s unopposed motion to compel arbitration is denied. 

Moving Party to give notice.

Dated:  April _____, 2024