Judge: Mark E. Windham, Case: 24STLC05892, Date: 2024-11-07 Tentative Ruling

Case Number: 24STLC05892    Hearing Date: November 7, 2024    Dept: 26

Romero v. Alfaro-Garcia, et al.

MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

(CCP §§ 1281.2, et seq., 638)

TENTATIVE RULING:

Plaintiffs Anselmo Alvarado Romero and Maria Magdaleno’s Motion to Compel Arbitration is DENIED.

ANALYSIS:

On August 14, 2024, Plaintiffs Anselmo Alvarado Romero and Maria Magdaleno (“Plaintiffs”) filed this action against Defendants Hugo Alfaro Garcia dba Auto Emporium (Defendant Garcia”), Westlake Services, LLC dba Westlake Financial Services (“Defendant Westlake”), and Western Surety Co. (“Defendant Western Surety”). Plaintiff filed the instant Motion to Compel Arbitration on September 4, 2024. Proofs of service of the Summons and Complaint were filed on September 30, 2024 showing that Defendants Western and Western Surety were personally served on September 9, 2024. Defendant Garcia was served effective September 23, 2024. No Defendant has filed a response to the Complaint.

Plaintiff brings the instant Motion seeking to compel Defendants to submit to arbitration based on a vehicle Retail Installment Sale Contract (the “RISC”), pursuant to Code of Civil Procedure section 1281.2. However, due to Defendants having been served with the Summons and Complaint and failing to file a responsive pleading, 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 Defendants’ default.

Plaintiffs Anselmo Alvarado Romero and Maria Magdaleno’s Motion to Compel Arbitration is DENIED.

Court clerk to give notice.