Judge: Mark E. Windham, Case: 22STLC01789, Date: 2023-01-05 Tentative Ruling

Case Number: 22STLC01789    Hearing Date: January 5, 2023    Dept: 26

   State Farm v. Rodriguez, et al.

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Defendant Funnelcloudsales dba LMODLA’s Motion to Compel Arbitration is Motion to Compel Arbitration is PLACED OFF CALENDAR.

ANALYSIS:

On March 18, 2022, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed this action for insurance subrogation against Defendants Richard Rodriguez (“Defendant Rodriguez”) Funnelcloudsales dba Lmodla (“Defendant Funnelcloudsales”), and PV Holding Corp. (“Defendant PV”). Defendant PV filed its Answer on November 30, 2022.

On the same date, Defendant Funnelcloudsales filed the instant Motion to Compel Arbitration. On December 1, 2022, however, Plaintiff filed a request for entry of default, which was entered as to Defendants Funnelcloudsales and Rodriguez but denied as to Defendant PV. (Request for Entry of Default, filed 12/01/22.)

Defendant Funnelcloudsales being in default, its Motion to Compel Arbitration is not properly on calendar. Defendant Funnelcloudsales argues that the instant Motion to Compel Arbitration, filed the day before the entry of default, renders the default invalid. (Reply, pp. 2:16-3:3.) This argument is without merit, however, because under Code of Civil Procedure section 585, only specific types of responsive pleadings can prevent default. These pleadings are “answer, demurrer, notice of motion to strike of the character specified in subdivision (f), notice of motion to transfer pursuant to Section 396b, notice of motion to dismiss pursuant to Article 2 (commencing with Section 583.210) of Chapter 1.5 of Title 8, notice of motion to quash service of summons or to stay or dismiss the action pursuant to Section 418.10, or notice of the filing of a petition for writ of mandate as provided in Section 418.10.” (Code Civ. Proc., § 585, subd. (a).) As Defendant Funnelcloudsales did not file any of the specified types of pleadings set forth in Code of Civil Procedure section 585, its default was properly entered.

The Court additionally notes that the Motion is not accompanied by the exhibits it contends are attached. (See Motion, p. 2:16-28.) Accordingly, the Motion to Compel Arbitration is PLACED OFF CALENDAR. 

Court clerk to give notice.