Judge: Layne H. Melzer, Case: 2022-01251331, Date: 2022-09-08 Tentative Ruling

Pet. William Hobbs
Petition to Compel Arbitration

Petitioner William Hobbs’ unopposed Petition to Compel Arbitration is denied without prejudice.

No proof of service of the Petition has been filed.  (See Code Civ. Proc., § 1290.4 requiring that when the contract does not provide for manner of service, service shall be made in the manner provided by law for the service of summons in an action.) 

In addition, the Petition suffers from other defects.  No legal authority is provided, whatsoever.  CRC, Rule 3.1113(b) states that the “memorandum [in support of the motion] must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases ,and textbooks cited in support of the position advanced.” [Emphasis added.]

In addition, there is no attorney declaration authenticating the exhibits, which include the Purchase Agreement that is a significant piece of evidence. (See Evid. Code §§ 250, 1401.)

As a result, the Petition is denied.