Judge: Mark E. Windham, Case: 23STLC03632, Date: 2023-10-19 Tentative Ruling

Case Number: 23STLC03632    Hearing Date: October 19, 2023    Dept: 26

Weston v. LAD Carson-N, LLC, et al.

MOTION TO COMPEL ARBITRATION, PICK FORUM, AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiff Gwendolyn Ann Weston’s Motion to Compel Arbitration, for Court to Pick Arbitration Forum, and Request for Stay is DENIED.

ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT AS TO DEFENDANTS LAD CARSON-N, LLC DBA CARSON NISSAN AND CAPITAL ONE AUTO FINANCE, INC. IS SET FOR JANUARY 18, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On June 8, 2023, Plaintiff Gwendolyn Ann Weston (“Plaintiff”) filed this action against Defendants LAD Carson-N, LLC dba Carson Nissan (“Defendant Carson”), Capital One Auto Finance, Inc. (“Defendant Capital One”), and Travelers Casualty and Surety Company of America (“Defendant Travelers”).

Plaintiff filed the instant Motion to Compel Arbitration, for Court to Pick Arbitration Forum, and Request for Stay on July 18, 2023. Proofs of service of the Summons and Complaint were filed on August 24, 2023. No responses to the Complaint, nor oppositions to the instant Motion have been filed to date.

Discussion

Plaintiff brings the instant Motion seeking to compel Defendants Carson and Capital One to submit to arbitration based on a vehicle Retail Installment Sale Contract pursuant to Code of Civil Procedure section 1281.2. Due to Defendants Carson and Capital One 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.”].) Plaintiff has not shown that the Court has jurisdiction to do anything other than enter default against Defendants Carson and Capital One.

Therefore, Plaintiff Gwendolyn Ann Weston’s Motion to Compel Arbitration, for Court to Pick Arbitration Forum, and Request for Stay is DENIED.

ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT AS TO DEFENDANTS LAD CARSON-N, LLC DBA CARSON NISSAN AND CAPITAL ONE AUTO FINANCE, INC. IS SET FOR JANUARY 18, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Court clerk to give notice.