Case Number: 19PSCV00476 Hearing Date: June 03, 2020 Dept: O
Defendant Abraham Pratella and Abraham Pratella Inc.’s petition to compel arbitration is GRANTED.
Defendants Abraham Pratella and Abraham Pratella Inc. (“Defendants”) petition to compel arbitration pursuant to Code of Civil Procedure section 1281.2:
A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract.
(CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.)
The petition to compel arbitration, consequently, functions as a motion and is to be heard in the manner of a motion, i.e., facts are to be proven by affidavit or declaration and documentary evidence with oral testimony taken only in the court’s discretion. (CCP § 1290.2; Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413-14.) Section 1281.4 provides, “if a court of competent jurisdiction… has ordered arbitration of a controversy… the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had.”
Defendants contend Plaintiff Martha Rowley (“Plaintiff”) entered into an agreement on or about June 22, 2018 to arbitrate all claims and disputes. (See Declaration of Meighan Leon ¶ 3, Ex. A.) In the agreement, the parties agreed to arbitrate disputes relating to the loan, including, but not limited to claims arising from the origination, documentation, disclosure, servicing, collection or any other aspect of the Loan transaction or the coverage or enforceability of the agreement. (Id.)
Plaintiff has filed no opposition to Defendants’ motion.
This motion, then, is granted. The matter will be stayed as to Defendants and Defendants LBW Investments, LLC, Lawrence Wosskow and Julie Ann Wosskow, Trustees of the Wosskow Family Trust. A status conference regarding arbitration will be held within 90 days from the date of this hearing.