Judge: Robert B. Broadbelt, Case: 24STCP00228, Date: 2024-05-17 Tentative Ruling

Case Number: 24STCP00228    Hearing Date: May 17, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Petitioner The Greenspan Company a/k/a The Greenspan Co. / Adjusters International       

RESPONDING PARTY:       Unopposed

Petition for Order Compelling Arbitration

Petitioner The Greenspan Company, aka The Greenspan Co. / Adjusters International (“Petitioner”) filed the pending Petition for Order Compelling Arbitration against respondents Lavkumar Barot and Ingrid Barot (“Respondents”) on January 23, 2024.

Thereafter, Petitioner continued the hearing on its Petition various times.  On March 5, 2024, Petitioner filed an “Amended Notice of Hearing on Petition for Order Compelling Arbitration,” which stated the hearing date on the Petition to be April 10, 2024.  (Mar. 5, 2024 Amended Not., p. 1:10-22.)  On April 4, 2024, Petitioner filed a “Second Amended Notice of Hearing on Petition for Order Compelling Arbitration,” which (1) stated the new hearing date on the Petition to be May 17, 2024, and (2) included a memorandum of points and authorities in support of the Petition.  (Apr. 4, 2024, Second Amended Not., p. 1:19-22.)

On May 14, 2024, Petitioner filed two proofs of service as to Respondents, establishing that Respondents had been served, by substituted service, with, inter alia, the “Amended Notice of Hearing,” civil case management documents, and the Petition, on May 8, 2024.  (POS-010 Forms, ¶¶ 2, 5.)  The court notes two issues with service.

First, the two proofs of service state that Petitioner served Respondents with the “Amended Notice of Hearing on Petition for Order Compelling Arbitration” which, as set forth above, stated the previous hearing date of April 10, 2024, and not the current hearing date of May 17, 2024.  (Mar. 5, 2024 Amended Not., p. 1:19-22; POS-010 Forms, p. 3, Attachment [listing “Amended Notice of Hearing” as document served].)  The two proofs of service doe not state that Petitioner served on Respondents its “Second Amended Notice of Hearing on Petition for Order Compelling Arbitration,” which states the current hearing date of May 17, 2024.  (POS-010 Forms, p. 3, Attachment.)  Thus, it appears that Petitioner did not provide Respondents with notice of the May 17, 2024 hearing on the Petition.

Second, even if the two proofs of service were to show service of the Second Amended Notice of Hearing on Respondents, Petitioner did not give Respondents sufficient notice of the hearing on its Petition.  Specifically, Petitioner served Respondents with the Petition only seven court days before the May 17, 2024 hearing, and therefore did not provide Respondents with sufficient notice.  (Code Civ. Proc., § 1005, subd. (b) [“all moving and supporting papers shall be served and filed at least 16 court days before the hearing”].)

Thus, the court exercises its discretion to continue the hearing on Petitioner’s Petition in order to give Petitioner an opportunity to provide Respondents with sufficient notice of the hearing on the Petition.

ORDER

            The court orders that the hearing on petitioner The Greenspan Company, aka The Greenspan Co. / Adjusters International’s Petition for Order Compelling Arbitration is continued to August 14, 2024, at 10:00 a.m., in Department 53.

The court orders that the Case management Conference is continued from June 4, 2024 to August 14, 2024, at 10:00 a.m., in Department 53.

            The court orders petitioner The Greenspan Company, aka The Greenspan Co. / Adjusters International (1) to give notice of this ruling to respondents Lavkumar Barot and Ingrid Barot, and (2) to file the notice of ruling and proof of service of the notice of ruling with the court.

IT IS SO ORDERED.

DATED:  May 17, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court