Judge: Mary H. Strobel, Case: 22STLC04200, Date: 2022-10-20 Tentative Ruling

Case Number: 22STLC04200    Hearing Date: October 20, 2022    Dept: 82

            Plaintiff Mashian Law Group (“Plaintiff”) moves for a writ of attachment against Defendant Melody, LLC (“Defendant”) in the amount of $11,389.67.

Relevant Procedural History

            On June 22, 2022, Plaintiff filed a complaint against Defendants Afsaneh Karimi and Melody, LLC for breach of contract, account stated, and quantum meruit. 

            On July 18, 2022, Plaintiff filed its application for writ of attachment against Defendant Melody.  Plaintiff subsequently filed proof of service showing personal service of the application for writ of attachment and notice of hearing on Melody on September 5, 2022.

            On September 26, 2022, Defendants filed a notice of stay of proceedings pursuant to Business and Professions Code section 6201.

            On October 7, 2022, Plaintiff filed a motion to vacate automatic stay, which is scheduled to be heard in Department 25 on November 7, 2022.

            No opposition to the application for writ of attachment has been received.

Analysis 

1.    The Action is Stayed

On September 26, 2022, after Defendants filed a demand for arbitration of attorney’s fees and costs, Defendants filed a notice of stay of proceedings pursuant to Business and Professions Code section 6201.

Section 6201(c) states in pertinent part: “Upon filing and service of the request for arbitration, the action or other proceeding shall be automatically stayed until the award of the arbitrators is issued or the arbitration is otherwise terminated. The stay may be vacated in whole or in part, after a hearing duly noticed by any party or the court, if and to the extent the court finds that the matter is not appropriate for arbitration under the provisions of this article.”

As Plaintiff states in its motion to vacate the stay, “[a]s a result of Defendants’ demand for fee arbitration, this lawsuit has been stayed by operation of law. Bus. & Prof. Code §6201(c).”  (Mot. filed 10/7/22 at 3.)  Plaintiff has not argued or shown that there is any exception to the automatic stay for an application for writ of attachment.  Accordingly, pending the hearing on Plaintiff’s motion to vacate the stay, the application for writ of attachment cannot be heard.

Conclusion

The application for writ of attachment is taken off calendar.  Plaintiff to provide notice.