Judge: Mark E. Windham, Case: 22STLC06009, Date: 2022-12-07 Tentative Ruling

Case Number: 22STLC06009    Hearing Date: December 7, 2022    Dept: 26

Adams v. S.A.M. National Enterprises, et al.

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Alexander Adams’ Motion to Compel Arbitration is CONTINUED TO JANAURY 18, 2023 AT 10:000 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On September 15, 2022, Plaintiff Alexander Adams (“Plaintiff”) filed this action against Defendants S.A.M. National Enterprises dba Montebello Auto (“Defendant S.A.M.”) and Hudson Insurance Company (“Defendant Hudson”). Defendant Hudson was personally served on October 25, 2022 and filed an Answer on November 22, 2022. Defendant S.A.M. was sub-served effective November 14, 2022 and has not filed a responsive pleading.

Plaintiffs filed the instant Motion to Compel Arbitration on October 19, 2022. No opposition has been filed to date.

Discussion

Plaintiff brings the instant Motion seeking to compel Defendant S.A.M. to submit to arbitration based on a vehicle Retail Installment Sale Contract (the “RISC”). The Motion is brought pursuant to Code of Civil Procedure section 1281.2, which provides in relevant part:

On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that:

(a) The right to compel arbitration has been waived by the petitioner; or

(b) Grounds exist for the revocation of the agreement.

(Code Civ. Proc., § 1281.2, subds. (a)-(b).)

Defendant S.A.M was sub-served effective November 14, 2022, making its responsive pleading due December 14, 2022. It would be premature to rule on the Motion to Compel Arbitration before Defendant S.A.M. is even required to appear in Court. Therefore, the hearing on the Motion to Compel Arbitration is CONTINUED TO JANAURY 18, 2023 AT 10:000 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Court clerk to give notice.