Judge: Robert B. Broadbelt, Case: 24STCV20188, Date: 2024-09-26 Tentative Ruling

Case Number: 24STCV20188    Hearing Date: September 26, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Veronica Martinez  

RESPONDING PARTY:       Unopposed

(1)   Motion for Order Staying Arbitration or, in the Alternative, for Leave to Withdraw from Arbitration

MOVING PARTY:                 Specially appearing defendant Public Health Foundation Enterprises, Inc., d/b/a Heluna Health

RESPONDING PARTY:       Plaintiff Veronica Martinez

(2)   Ex Parte Application to Vacate September 26, 2024 Hearing

The court considered the moving papers filed in connection with the motion for an order staying arbitration or, in the alternative, for leave to withdraw from arbitration.  No opposition papers were filed.

The court considered the moving and opposition papers filed in connection with the ex parte application.

MOTION FOR ORDER STAYING ARBITRATION OR, IN THE ALTERNATIVE, FOR LEAVE TO WITHDRAW FROM ARBITRATION

Plaintiff Veronica Martinez (“Plaintiff”) moves the court for an order staying the arbitration proceedings between herself and defendant Public Health Foundation Enterprises, Inc., d/b/a Heluna Health (“Heluna”) or, alternatively, granting Plaintiff leave to withdraw from the arbitration pursuant to Code of Civil Procedure section 1281.97.

The court finds that Plaintiff has not shown that she served Heluna with the pending motion.  

The proof of service attached to Plaintiff’s motion states that the declarant “caused [the] envelope [with the moving papers] to be delivered for service to the recipient indicated above on the above-mentioned date, by providing same to Signal Attorney Service . . . .”  (Mot., p. 10:20-22 [emphasis added].)  However, this statement is not based on the personal knowledge of the declarant.  Thus, the court finds that this proof of service is defective and insufficient to establish that Plaintiff served Heluna with the pending motion.[1]

The court therefore denies Plaintiff’s motion, without prejudice to Plaintiff’s filing a new motion and filing a valid proof of service which establishes that the motion has been properly served on Defendant.

EX PARTE APPLICATION TO VACATE SEPTEMBER 26, 2024 HEARING

Specially appearing defendant Heluna has filed an ex parte application requesting that the court vacate the September 26, 2024 hearing on Plaintiff’s motion for an order staying arbitration or, alternatively, granting leave to withdraw from arbitration.  Heluna moves for this relief on the ground that the court lacks jurisdiction over it because Plaintiff has not properly served Heluna with the summons and complaint in this action.

The court has denied Plaintiff’s motion for the reason set forth above.  The court therefore finds that Heluna’s ex parte application is moot and orders that it is taken off calendar.

ORDER

The court denies plaintiff Veronica Martinez’s motion for an order staying arbitration or, in the alternative, for leave to withdraw from arbitration, without prejudice to Plaintiff’s filing a new motion and filing a valid proof of service which establishes that the motion has been properly served on Defendant.

            The court orders that specially appearing defendant Public Health Foundation Enterprises, Inc., d/b/a Heluna Health’s ex parte application to vacate the September 26, 2024 hearing is taken off calendar as moot.  

            The court orders plaintiff Veronica Martinez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  September 26, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court