Request for continuance
The drafting party of an arbitration agreement who fails to timely pay arbitration fees is in material breach of the arbitration agreement and waives its right to compel arbitration, provided the consumer properly files the demand and the arbitration provider properly provides invoices to all parties to the arbitration. (Code Civ. Proc. § 1281.97, subd. (a).)
In such event, the consumer may either withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction or compel arbitration in which the drafting party must pay reasonable attorney fees and costs related to the arbitration. (Code Civ. Proc. § 1281.97, subd. (b).) In addition, the consumer is entitled to reasonable attorney fees and costs incurred as a result of the material breach. (Code Civ. Proc., § 1281.99, subd. (a).)
Here, Petitioner produced the parties’ Conditional Sale Contract and Security Agreement which contains an arbitration provision that covers this dispute. (Compendium of Evidence (COE), Exh. 1 at pp. 7-8.) Petitioner is a consumer and Respondent is the drafting party. Petitioner initiated arbitration with JAMS pursuant to the arbitration agreement by filing the demand for arbitration and paying his portion of the fees. (COE, Ex. 1 at p. 7, Exhs. 3, 4; McPhatter Decl. ¶ 2.) JAMS invoiced Respondent to pay for its portion of the arbitration fees, but Respondent failed to do so, causing JAMS to close the file. (COE, Exhs. 4-7.)
Petitioner has shown Respondent is in material breach of the arbitration agreement and is in default of the arbitration, such that Petitioner is entitled to compel arbitration pursuant to Code of Civil Procedure section 1281.97, subdivision (b). Petitioner also is entitled to sanctions for reasonable attorney fees and costs in bringing this motion. (Code Civ. Proc., § 1281.99, subd. (a).)
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The court finds the amount of fees and costs already incurred by Petitioner is reasonable, but the amount of anticipated fees is excessive in light of the fact no opposition was filed. The court therefore reduces the amount of anticipated fees by $630 and awards the total amount of $1,815 in favor of Petitioner and against Respondent payable within 30 days of service of notice of this ruling. Petitioner’s counsel is ordered to give notice of this ruling.
3. Knypstra vs. SheldonKnypst ra vs. Sheldon CONTINUED TO AUGUST 13, 2026, AT 2:00 P.M., IN DEPARTMENT C23, as stated in the June 5, 2026 order based on request and application of petitioner.
2026-01552256 4. Pacheco v. MaaRanu 2025-01497228 CONTINUED TO AUGUST 6, 2026, AT 2:00 P.M., IN DEPARTMENT C23, pursuant to June 2. 2026 minute order.
5. In Re: Crestpoint Capital, LLC 2026-01559773 Please see notice above regarding oral argument on this motion/petition Before the court is the petition of petitioner Crestpoint Capital LLC (Petitioner) for court approval of proposed transfer of certain periodic payments real party in interest and payee Samantha Mena (Payee) is scheduled to receive under a structured settlement.
As more fully set forth below, the hearing on the petition is CONTINUED TO AUGUST 13, 2026, AT 2:00 P.M., IN DEPARTMENT C23, for Petitioner to provide additional information necessary to enable the court to determine whether the required findings can be made.
In these proceedings, Petitioner seeks court approval for Payee to transfer four periodic payments including one semiannual payment of $10,000 due on January 1, 2027, one lump sum payment of $25,000 due on May 3, 2027, one lump sum payment of $50,000 due on May 3, 2031, and one lump sum payment of $60,000 due on May 3, 2034. These payments total $145,000 and have a discounted present value of $113,946.41. In exchange for transferring the right to receive these monthly payments, Payee would receive a present, lump sum payment of $61,799.25, which represents 54.24 percent of the payments’ present value and equates to an equivalent interest rate of 19.96 percent if Payee were to take a loan.
Insurance Code section 10139.5, subdivision (b) requires the court to consider a variety of circumstances, including Payee’s financial and economic situation, to determine whether the transfer is fair and reasonable, and in the best interest of the Payee. Petitioner and Payee, however, have failed to provide sufficient information for the court to make such a determination, including the amounts and sources of monthly income and/or financial resources, and Payee’s monthly expenses. (Ins. Code § 10139.5, subd. (c)(2).)
Payee states she has been supporting herself for three years, but also states she is unemployed. Those statements are contradictory without further information and explanation. It also is unclear from the petition whether Payee is entitled to any other payments under the settlement agreement and annuity other than the payments to which she seeks to