Judge: Michael P. Linfield, Case: 23STCV05526, Date: 2023-12-18 Tentative Ruling

Case Number: 23STCV05526    Hearing Date: December 18, 2023    Dept: 34

SUBJECT:        Motion to Compel Arbitration and Dismiss[,] or, in the Alternative, Stay the Action

Moving Party: Defendant Santander Consumer USA Inc.

Resp. Party:    Plaintiff Glesmi Brown

At the parties’ request, the Court continues this motion until February 13, 2023. 

BACKGROUND:

On March 13, 2023, Plaintiff Glesmi Brown filed her Complaint against Defendants Santander Consumer USA Inc. and Benchmark Asset Resolution, Inc. on causes of action for violation of the Rosenthal Fair Debt Collection Practices Act, conversion, breach of contract, and violation of the Unfair Competition Law.

On April 20, 2023, Defendant Santander Consumer USA Inc. (“Defendant Santander”) filed its Answer to the Complaint.

On June 21, 2023, Defendant Benchmark Asset Resolution, Inc. (“Defendant Benchmark”) filed its Answer to the Complaint.

On July 6, 2023, Defendant Santander filed its Motion to Compel Arbitration and Dismiss[,] or, in the Alternative, Stay the Action (“Motion”). In support of its Motion, Defendant Santander concurrently filed: (1) Affidavit of Amanda Van Haren; (2) Proposed Order; and (3) Proof of Service.

On December 5, 2023, Plaintiff filed its Opposition to the Motion. In support of her Opposition, Plaintiff concurrently filed: (1) Declaration of Brandon A. Block; and (2) Request for Judicial Notice.

On December 11, 2023, Plaintiff and Defendant Santander jointly filed their Stipulation to Continue Hearing on Motion to Compel Arbitration, which included their proposed order.

No reply has been filed regarding the Motion.

ANALYSIS:

        On December 15, 2023, the Court denied the parties stipulation to continue this motion to compel arbitration.

        The parties had requested that the Court continue this motion as least 30 days “to allow time for further mediation and that “the deadlines for filing reply papers shall be computed pursuant to the Code of Civil Procedure based on the new hearing date.”  (Stipulation, filed 12/11/2023, p. 1:19-20.)

The Court reconsiders and reverses its previous ruling.  The Court continues this hearing until Feb. 13, 2023.  The time for filing reply papers shall be based on the new hearing date. 

However, the Court advises all parties that, if this case is not resolved and is not stayed, trial remains scheduled for July 31, 2024.