Judge: Mark E. Windham, Case: 23STLC02841, Date: 2023-10-12 Tentative Ruling

Case Number: 23STLC02841    Hearing Date: October 16, 2023    Dept: 26

Sayles v. Westlake Service, LLC, et al.

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Aaron Sayles’ Motion to Compel Arbitration is DENIED.

ANALYSIS:

On April 28, 2023, Plaintiff Aaron Sayles (“Plaintiff”) filed this action against Defendants Westlake Services, LLC (“Defendant Westlake”), Hudson Insurance Company (“Defendant Hudson”), and Las Playas Auto Sales Inc (“Defendant Las Playas”). Plaintiff filed the instant Motion to Compel Arbitration on July 18, 2023. Defendant Hudson was personally served with the Summons and Complaint on July 12, 2023; Defendant Westlake was personally served on August 3, 2023. On October 5, 2023, Plaintiff filed a notice of non-service with respect to Defendant Las Playas.

Plaintiff brings the instant Motion seeking to compel Defendants Westlake and Las Playas to submit to arbitration based on a vehicle Retail Installment Sale Contract (the “RISC”), pursuant to Code of Civil Procedure section 1281.2. Defendant Las Playas, however, has not been served in this action nor has Defendant Westlake appeared. Due to Defendant Westlake having been served with the Summons and Complaint and failing to file a responsive pleading, Plaintiff is now required to enter its 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.”].) Plaintiff has not shown that the Court has jurisdiction to do anything other than enter Defendant Westlake’s default. Nor has Plaintiff shown that the Court has jurisdiction to compel Defendant Las Playas to arbitration without proof of service of the Summons and Complaint.

Therefore, Plaintiff Aaron Sayles’ Motion to Compel Arbitration is DENIED.

Court clerk to give notice.