Judge: Mark E. Windham, Case: 22STLC07846, Date: 2023-03-16 Tentative Ruling

Case Number: 22STLC07846    Hearing Date: March 16, 2023    Dept: 26

Terry v. Hawthorne Auto Square, Inc., et al.

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS
(CCP §§ 1281.2, et seq., 638)

 TENTATIVE RULING:

Plaintiff Trevon M. Terry’s Motion to Compel Arbitration is DENIED.

ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT AS TO DEFENDANTS HAWTHORNE AUTO SQUARE, INC. AND M&N FINANCING CORPORATION IS SET FOR JUNE 16, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On November 21, 2022, Plaintiff Trevon M. Terry (“Plaintiff”) filed this action against Defendants Hawthorne Auto Square, Inc. (“Defendant Hawthorne Auto”), M&N Financing Corporation (“Defendant M&N”) and Hudson Insurance Company (“Defendant Hudson”). Defendant Hudson filed an Answer on January 6, 2023. Although proofs of service have been filed with respect to Defendants Hawthorne Auto and M&N on December 29, 2022, they have yet to file any responsive pleading.

Plaintiffs filed the instant Motion to Compel Arbitration on December 5, 2022. No opposition has been filed to date.

Discussion

Plaintiff brings the instant Motion seeking to compel Defendants Hawthorne Auto and M&N to submit to arbitration based on a vehicle Retail Installment Sale Contract (the “RISC”), pursuant to Code of Civil Procedure section 1281.2. Due to Defendants Hawthorne Auto and M&N having been served with the Summons and Complaint and failing to file responsive pleadings, Plaintiff is now required to enter their default. (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 Trevon M. Terry’s Motion to Compel Arbitration is DENIED.

ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT AS TO DEFENDANTS HAWTHORNE AUTO SQUARE, INC. AND M&N FINANCING CORPORATION IS SET FOR JUNE 16, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Court clerk to give notice.