JohnW 1 Posted January 14, 2016 Report Share Posted January 14, 2016 I need some help how to respond to an confusing ruling on my Motion to Dismiss/Compel Arbitration. Here is the background: Card was originally issued by HSBC in 2008 and assigned to Capital One in 2012. The debt is approx. $3k. I was sued by Cap One in November in Az Justice Ct. As is suggested in this forum, I filed a Motion to Dismiss/Compel Arbitration (along with an Answer). Plaintiff responded and I filed a reply brief. After filing my motion & answer, I received notice that the Court scheduled the pretrial conference in late Feb. Today, I received the court ruling on my motion, the court ruled “Moot – pretrial conference set for later date,” signed by a pro-temp judge. Also, today, I received notice from the Court for a “Administrative Hearing” on this case, next week with the actual justice of the peace, not a pro-temp. I have no idea what is the purpose of this hearing. (the hearing is schedule a day before my deadline to file a notice of appeal). In regards to the ruling, this ruling seems plain wrong. I guess, the Court is saying since a pretrial conference was schedule, the contract’s requirement of binding arbitration is moot. This is not consistent with case law since my first response to received notice of this dispute (i.e., the complaint) was to invoke the mandatory arbitration clause. I assume, at this point, I need to file a notice of appeal to Superior Court? Also, should I file a motion to reconsider that pro-temp judge’s decision? Also, since we have a hearing schedule in front of the magistrate judge, should I raise the issue of the ruling on the motion at the hearing? Quote Link to post Share on other sites
shellieh98 1,505 Posted January 14, 2016 Report Share Posted January 14, 2016 I would go straight to the interlocutory appeal. This has come up before, I think that poster is still waiting on his ruling from the supreme court. Quote Link to post Share on other sites
Harry Seaward 1,356 Posted January 14, 2016 Report Share Posted January 14, 2016 The motion wasn't denied so there is nothing to appeal here. Wait for the administrative hearing. If it's for anything other than your motion to compel, be sure to renew your motion to compel at the hearing and ask the court to rule at that time. If the motion is denied at that time, you have 14 days to file your notice of appeal. Quote Link to post Share on other sites
JohnW 1 Posted January 14, 2016 Author Report Share Posted January 14, 2016 Isn't a ruling that the motion is moot, just a denial of the motion and the reason for the denial being that it is moot? Quote Link to post Share on other sites
Goody_Ouchless 507 Posted January 14, 2016 Report Share Posted January 14, 2016 Sounds like court misunderstood what you wanted - they saw "arbitration" and figured you wanted court-ordered-meditation, which is what the pre-trial is. They said "moot" because they assumed what you requested was already scheduled. There is a huge problem with court "misunderstanding" the concept of "Contractual Arbitration." 2 Quote Link to post Share on other sites
JohnW 1 Posted January 14, 2016 Author Report Share Posted January 14, 2016 3 minutes ago, Goody_Ouchless said: Sounds like court misunderstood what you wanted - they saw "arbitration" and figured you wanted court-ordered-meditation, which is what the pre-trial is. They said "moot" because they assumed what you requested was already scheduled. There is a huge problem with court "misunderstanding" the concept of "Contractual Arbitration." That actually makes alot of sense. Therefore, it might make sense to ask the JP for a motion for reconsideration at the administrative hearing on the grounds that the Pro-temp misunderstood the motion and if properly understood the motion, mootness is not a grounds for denial under A.R.S. 12-1502(a). If it is denied, I can always drop my notice of appeal in the hopper after the hearing. 12-1502. Proceedings to compel or stay arbitration A. On application of a party showing an agreement described in section 12-1501, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party. Otherwise, the application shall be denied. 1 Quote Link to post Share on other sites
Harry Seaward 1,356 Posted January 14, 2016 Report Share Posted January 14, 2016 Not unless the judge said it was "denied" for being moot. Moot just means there's no reason to consider the motion. That doesn't mean circumstances won't change that could make it considerable. The fact that a hearing has been scheduled tells me the judge wants more info before officially granting or denying the motion. If you haven't figured it out yet, the people that run our courts here are morons. Have there been other motions filed in this case? If not, I can't imagine a reason to have an administrative hearing other than to decide on your motion to compel. Quote Link to post Share on other sites
debtzapper 1,274 Posted January 15, 2016 Report Share Posted January 15, 2016 "If you haven't figured it out yet, the people that run our courts here are morons. " That pretty well sums it up, and not just for AZ, but for other states as well. That's our tax dollars at work. 1 Quote Link to post Share on other sites
Harry Seaward 1,356 Posted January 20, 2016 Report Share Posted January 20, 2016 Just realized @JohnW's case is very similar to this one:http://www.creditinfocenter.com/community/topic/326806-cortez-investments-in-az-help Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted January 20, 2016 Report Share Posted January 20, 2016 Yep. I don't know if it's good or bad to know that I'm not the only one... Quote Link to post Share on other sites
Harry Seaward 1,356 Posted January 20, 2016 Report Share Posted January 20, 2016 I'm wondering if you two are in the same Justice Court... Quote Link to post Share on other sites
Blackbeard's Delight 4 Posted January 21, 2016 Report Share Posted January 21, 2016 I had that thought as well. Quote Link to post Share on other sites
HellGato 4 Posted May 19, 2017 Report Share Posted May 19, 2017 On 1/14/2016 at 0:32 PM, Harry Seaward said: The motion wasn't denied so there is nothing to appeal here. Wait for the administrative hearing. If it's for anything other than your motion to compel, be sure to renew your motion to compel at the hearing and ask the court to rule at that time. If the motion is denied at that time, you have 14 days to file your notice of appeal. Harry what is the exact procedure for filing the Notice of appeal in arizona any examples or just do one in the same justice court within 14 days? Quote Link to post Share on other sites
