Judge: Jill Feeney, Case: 21STCV05365, Date: 2022-08-08 Tentative Ruling

Case Number: 21STCV05365    Hearing Date: August 8, 2022    Dept: 30

Department 30, Spring Street Courthouse
August 8, 2022
21STCV05365
Motion to Compel Arbitration by Specially Appearing Defendant Wi Spa, LLC

DECISION

On July 25, 2022, at the request of Plaintiff’s counsel, the Court continued the hearing on the motion to allow Plaintiff to file a late opposition to the motion. The Court ordered that the opposition be filed by July 28, 2022. As of August 4, 2022, no opposition was filed.  

The Court grants this unopposed motion for the reasons set for in Defendant’s filings.

The Court further notes that a defendant may file a petition under CCP Section 1281.2 in place of filing an answer to a complaint.  Therefore, the Court changes its previous order. Defendant need not file an answer.

However, the Court does finds that Defendant has made a general appearance in the case.

The case is stayed pending completion of arbitration.

The Court sets an OSC Re: Status of Arbitration for February 8, 2023 at 8:30 a.m.

Moving party is ordered to provide notice and to file proof of service of such notice within five court days after the date of this order.