JohnW

Confusing AZ Justice Ct. ruling on my Motion to Dismiss/Compel Arbitration

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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?   

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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.

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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."

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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.

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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. 

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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?

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