On December 21, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Sanchez, Maria,
Sanchez, Roberto,
and
Capital One, National Association,
Doe 1,
Does 2 Through 75, Inclusive,
San Bernardino Motors, Inc.,
Subaru Of San Bernardino,
The Western Surety Company,
for Other Contract Unlimited
in the District Court of San Bernardino County.
Preview
v ORIGINAL
JAMES A. ODLUM, #109766
iodlumgmohlawsom
G. BRE T IM 179397 , F l L
bsims mohlaw.com supemon COURT 0F CALIFORNIA
COUNTY 0F SAN BERNARDINO
MUN ELL, ODLUM & HAWS, LLP SAN eenmaowo onsmucr
650 E. Hospitality Lane, Suite 470
San chardino, California 92408 OCT 3 0 2023
Direct Line: (909) 308-2477
Telephone: 909) 890—9500
Facsxmile: ( 09) 890-9580
BY Stephanie Garcua. Deputy
Attorneys for Defendants
San Bernardino Motors, Inc., dba
Subaru of San Bemardino,
CapitalOne and The Western Surety -_n
Company
r
SUPERIOR COURT OF THE STATE OF CALIFORNIA
n
10
C
11 FOR THE COUNTY OF SAN BERNARDINO E
12
-<
l3 MARIA SANCHEZ, an individual, and CASE NO. CIVSBZZZ8576 T
l4
ROBERTO SANCHEZ, an individual, DEFENDANTS’ NOTICE OF MOTIO “a
AND MOTION TO COMPEL
15 Plaintiff, ARBITRATION AND TO STAY
PROCEEDINGS; MEMORANDUM OF
16
v.
POINTS AND AUTHORITIES IN
SUPPORT THEREOF;
l7 DECLARATION OF VIYEN PAREKH
SAN BERNARDINO MOTORS, INC. dba
l8 SUBARU OF SAN BERNARDINO; ASSIGNED FOR ALL PURPOSES TO
CAPITAL ONE; NATIONAL HON. JOSEPH T. ORTIZ, DEPT. Sl7
l9
ASSOCIATION; DOE l; and DOES 1
20 through 75, inclusive ACTION FILED: December 21, 2022
21
Defendants.
Date: January 22, 2024
22 Time: 8:30 a.m.
Dept: Sl7
23
24
TO PLAINTIFF AND THEIR ATTORNEYS 0F RECORD:
25
PLEASE TAKE NOTICE that on January 22, 2024 at 8:30 a.m., or as soon
26
thereaficr as the matter may be heard, in the courtroom of the Honorable Joseph T. Ortiz,
27
Department Sl7 of the abovc-entitled Court, located at 247 W. Third Street, San Bemardino,
28
1
MOTION TO COMPEL ARBITRATION AND TO STAY
CA 92415, Defendants San Bcrnardino Motors, Inc., dba Subaru of San Bemardino, Capital
One and The Western Surety Company will and hereby do move this Court, pursuant to 9
U.S.C. Sections 4 and 5 of the Federal Arbitration Act and Code of Civil Procedure §
1281 .2, for an order to compel Plaintiffs Maria Sanchez and Roberto Sanchez (“Plaintiff”) to
arbitrate their claims in this action against Defendant Subaru of San Bemardino and to stay
the action as to the other Defendants.
This Motion is based upon this Notice of Motion and Motion, the accompanying
Memorandum of Points and Authorities and supporting declarations, the records of this
Court, the oral argument of counsel, and such other and further matters as the Court may
IO consider at the hearing on this matter.
ll
DATED: October 27, 2023 JAMES A. ODLUM
12 G. BRENT SIMS
MUNDELL, ODLUM & HAWS, LLP
l3
14
15 \
‘
, O a um
ys for Defendants
16
l7
18
l9
20
21
22
23
24
25
26
27
28
MOTION TO COMPEL ARBITRATION AND TO STAY
Document Filed Date
October 30, 2023
Case Filing Date
December 21, 2022
Category
Other Contract Unlimited
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v ORIGINAL JAMES A. ODLUM, #109766 iodlumgmohlawsom G. BRE T IM 179397 , F l L bsims mohlaw.com supemon COURT 0F CALIFORNIA COUNTY 0F SAN BERNARDINO MUN ELL, ODLUM & HAWS, LLP SAN eenmaowo onsmucr 650 E. Hospitality Lane, Suite 470 San chardino, California 92408 OCT 3 0 2023 Direct Line: (909) 308-2477 Telephone: 909) 890—9500 Facsxmile: ( 09) 890-9580 BY Stephanie Garcua. Deputy Attorneys for Defendants San Bernardino Motors, Inc., dba Subaru of San Bemardino, CapitalOne and The Western Surety -_n Company r SUPERIOR COURT OF THE STATE OF CALIFORNIA n 10 C 11 FOR THE COUNTY OF SAN BERNARDINO E 12 -< l3 MARIA SANCHEZ, an individual, and CASE NO. CIVSBZZZ8576 T l4 ROBERTO SANCHEZ, an individual, DEFENDANTS’ NOTICE OF MOTIO “a AND MOTION TO COMPEL 15 Plaintiff, ARBITRATION AND TO STAY PROCEEDINGS; MEMORANDUM OF 16 v. POINTS AND AUTHORITIES IN SUPPORT THEREOF; l7 DECLARATION OF VIYEN PAREKH SAN BERNARDINO MOTORS, INC. dba l8 SUBARU OF SAN BERNARDINO; ASSIGNED FOR ALL PURPOSES TO CAPITAL ONE; NATIONAL HON. JOSEPH T. ORTIZ, DEPT. Sl7 l9 ASSOCIATION; DOE l; and DOES 1 20 through 75, inclusive ACTION FILED: December 21, 2022 21 Defendants. Date: January 22, 2024 22 Time: 8:30 a.m. Dept: Sl7 23 24 TO PLAINTIFF AND THEIR ATTORNEYS 0F RECORD: 25 PLEASE TAKE NOTICE that on January 22, 2024 at 8:30 a.m., or as soon 26 thereaficr as the matter may be heard, in the courtroom of the Honorable Joseph T. Ortiz, 27 Department Sl7 of the abovc-entitled Court, located at 247 W. Third Street, San Bemardino, 28 1 MOTION TO COMPEL ARBITRATION AND TO STAY CA 92415, Defendants San Bcrnardino Motors, Inc., dba Subaru of San Bemardino, Capital One and The Western Surety Company will and hereby do move this Court, pursuant to 9 U.S.C. Sections 4 and 5 of the Federal Arbitration Act and Code of Civil Procedure § 1281 .2, for an order to compel Plaintiffs Maria Sanchez and Roberto Sanchez (“Plaintiff”) to arbitrate their claims in this action against Defendant Subaru of San Bemardino and to stay the action as to the other Defendants. This Motion is based upon this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities and supporting declarations, the records of this Court, the oral argument of counsel, and such other and further matters as the Court may IO consider at the hearing on this matter. ll DATED: October 27, 2023 JAMES A. ODLUM 12 G. BRENT SIMS MUNDELL, ODLUM & HAWS, LLP l3 14 15 \ ‘ , O a um ys for Defendants 16 l7 18 l9 20 21 22 23 24 25 26 27 28 MOTION TO COMPEL ARBITRATION AND TO STAY