Judge: Mark E. Windham, Case: 22STLC06009, Date: 2023-01-18 Tentative Ruling

Case Number: 22STLC06009    Hearing Date: January 18, 2023    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 DENIED.

ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT AS TO DEFENDANT S.A.M. NATIONAL ENTERPRISES DBA MONTEBELLO AUTO IS SET FOR APRIL 19, 2023 AT 9:30 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. At the initial hearing on December 7, 2022, the Court continued the hearing to allow time for Defendant S.A.M. to file a responsive pleading. (Minute Order, 12/07/22.) Plaintiff filed a notice of continuance on December 13, 2022. However, no responsive pleading nor 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”), pursuant to Code of Civil Procedure section 1281.2. Defendant S.A.M was sub-served effective November 14, 2022, making its responsive pleading due December 14, 2022, but it has yet to file a responsive pleading. Plaintiff is now required to enter default against Defendant S.A.M. (Cal. Rules of Court, rule 3.110(g) [“If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed.”].) It does not make sense to compel arbitration of a party that is refusing to appear in this action.

Therefore, Plaintiff Alexander Adams’ Motion to Compel Arbitration is DENIED.

ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT AS TO DEFENDANT S.A.M. NATIONAL ENTERPRISES DBA MONTEBELLO AUTO IS SET FOR APRIL 19, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Court clerk to give notice.