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Stubis last won the day on December 9

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  1. Finally...! After 6 months. The ruling from today's Hearing. Defendant�s unopposed Motion to Compel Arbitration is granted. In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961. Here, it appears that an arbitration agreement exists and that the claims are covered within the scope of such agreement. Defendant has asserted his right to arbitration and has provided this court with a declaration in support which attaches the arbitration agreement at issue. Thus, the motion is granted. This case is stayed pending arbitration. The currently set trial date is vacated. A case management conference is set for ............ at 9:00 a.m. in Dept. ... for status of arbitration. Moving party is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order. I want to thank everyone for their help and advice. Now, on to Arbitration...!!
  2. Yes. I missed the deadline by a week, mainly because of the PG&E blackouts in Northern California. And yes, the Judge is a stickler for the rules, and that should eventually work in my favor. Funny thing...I have been to the Courthouse so many times now that I know the Clerks by their first names, and they know me. They have been extremely helpful on this journey.
  3. This is such a frustrating process. The judge denied my MTCA "without prejudice" because I filed it after the deadline. So now I start the entire process all over again...
  4. Thank you. Have prepared both sets of documents for filing and mailing this afternoon.
  5. "The MTCA must included a Memorandum of Points & Authorities. If not, it will be denied just the same." In my MTCA I cited a number of specific legal cases related to Arbitration.
  6. Yes. I have asked for the hearing for the MTCA to be on the 1st November.
  7. The Judge issued a tentative ruling today that I do not understand. I had submitted a Motion To Continue Trial so that we could have the Hearing for the MTC Arbitration before the Trial date. Today the Judge denied the Motion To Continue Trial because "the Defendant failed to file a Memorandum of Points and Authorities or a declaration in support as required by CRC 3.1112". Then, the Tentative Ruling continues with: "However, on the Court's own motion, the Trial Date currently set for October, is hereby continued to (a date in December). Moving party's attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order". So, it appears that the Judge is allowing me to have the hearing for the MTCA prior to the Trial date...???
  8. Thank you for these responses. I sincerely appreciate it.
  9. I have a "Motion To Continue Trial" hearing coming up. I think this is a pre-trial hearing of my MTC Arbitration. The actual trial date is currently set for the following week, but will hopefully be canceled. I understand why I am requesting the opportunity for arbitration. Firstly, I don't believe this matter needs to be heard in a court of law. Secondly, I believe the opportunity to work with an Arbitrator will allow me to explain in detail the circumstances that led to my financial crisis (major stomach surgery, a year off work, the loss of my job of 20 years, etc.), and will allow a detailed look at my current finances, a possible payment plan, and ultimately lead to a resolution of this matter that is satisfactory to both parties. Are there other matters or reasons that will need to be presented to the judge at the MTCT that will help with his decision on the MTCA...? Thanks in advance...
  10. One more thing... In Mandarich's correspondence there was no attached letter explaining anything and no deadline for a response. The Court date was originally set for October 21st.
  11. I responded to the summons before the deadline and forwarded the "response" document to Mandarich Law Group (representing Midland Funding). I was planning to now file the Motion to Compel Arbitration (MTC) and contact AAA but when I returned home there was a letter from Mandarich containing a "Request For Admissions", a "Request For Production of Documents" and a "Special Interrogatories". It appears as though they are ignoring my request for Arbitration and are moving to Trial. I believe this is their "discovery" phase? Do I respond to these requests? And in what manner? Do I continue with my MTC? Do I contact AAA and move forward with the Arbitration application process? Thank you...
  12. In response to a JDB lawsuit, I am creating my MTC today to file in the local court in California along with my response. I am not sure which relevant California cases to cite in the MTC. Would appreciate some help...? Thank you.
  13. Thank you so much for this updated information. I do not have copies of the original cc agreements. How do I find out if there’s a clause about arbitration with each card and is there a way to find out which of the two (AAA or JAMS) is appropriate?v Thank you...