Judge: Lynne M. Hobbs, Case: 22STCV37011, Date: 2024-01-16 Tentative Ruling

Case Number: 22STCV37011    Hearing Date: January 16, 2024    Dept: 30

VICTORIA HARE vs SANTANDER CONSUMER USA INC., et al.

TENTATIVE

The motion to compel arbitration is CONTINUED to a date convenient to Court and parties so that moving party can serve the notice of motion and motion or file proof of service that the motion was served on answering Defendants. If plaintiff has consented to electronic service pursuant to CRC Rule 2.251(c)(3), moving party needs to update the declaration to make that affirmative showing. Moving party to give notice.

Discussion

Defendant moves for an order compelling arbitration of Plaintiff’s claims in accordance with the terms of their written agreement to arbitrate, and to stay this action pending completion of arbitration.

Code of Civil Procedure section 1005(b) states: “… all moving and supporting papers shall be served and filed at least 16 court days before the hearing.”

There is no proof of service showing Defendants FCA US LLC, Motorcars of Van Nuys LLC and Potamkin California Holdings LLC were served with this motion. As a result, the motion is CONTINUED and Defendant is ordered to file proof of service, indicating answering Defendants were served with this motion.

Further, CRC Rule 2.251(c)(3) requires that a self-represented litigant consent to electronic service. As no evidence supports the conclusion that electronic service is proper for the plaintiff, the service is questionable.