P’s Motion to Lift Stay for Binding Arbitration
2025CUOE054815: CODY MAC GREEN vs WESTLAKE COACH COMPANY, LLC 08/12/2026 in Department 43 Motion TO LIFT STAY FOR BINDING ARBITRATION DUE TO DEFENDANT NON PAYMENT OF ARBITRATION FEES
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Motion: Ps Motion to Lift Stay for Binding Arbitration
Tentative Ruling: Plaintiffs Motion to Lift Stay for Binding Arbitration is continued to September 9, 2026. Defendant is ordered to provide admissible evidence to support its argument under Hohenshelt v. Superior Court (2025) 18 Cal.5th 310 that the failure to pay the arbitration fees timely under section 1281.98 of the Code of Civil Procedure was not due to willful, grossly negligent or fraudulent conduct. The court is unable to determine on the record before it how Hohenshelt should be applied in this regard.
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The supplemental evidence shall be filed with the Court on or before August 28, 2026. Defendants argument is predicated on the Declaration of Gary S. Spitzer, stating, Defendants delayed payment of the JAMS invoice was the result of Defendants accounting department sending the payment check via first class mail which significantly and unexpectedly delayed the receipt by JAMS.
2025CUOE054815: CODY MAC GREEN vs WESTLAKE COACH COMPANY, LLC
In Hohenshelt v. Superior Court (2025) 18 Cal. 5th 310, 332-333, our Supreme Court held: [A] nonperforming party is not entitled to relief from forfeiture when its delay was willful, fraudulent, or grossly negligent. But when it appears that [the party] has acted in good faith, given some reasonable excuse for the delay, and thereafter tendered performance promptly and with reasonable diligence, equity can excuse nonperformance so long as the breaching party can and does adequately compensate[] the nonbreaching party for any harm caused by the delay. Defendant has not provided a record demonstrating the date of issuance of the check, evidence of timely mailing or other evidence of reasonable excuse for the delay.
The Court will continue the hearing to permit Defendant to establish, through admissible evidence, that the delayed payment of the JAMS invoice was the result of Defendants accounting department sending the payment check via first class mail which significantly and unexpectedly delayed the receipt by JAMS or other reasonable justification for the delay. The Court also orders Plaintiffs counsel to file a declaration establishing, through admissible evidence, the legal fees and expenses incurred by Plaintiff related to the bringing of this motion, for the Court to use in determining adequate compensation in the event the motion is granted.
The declaration shall be filed with the Court on or before August 28, 2026. Moving party is ordered to serve notice of the Courts ruling.
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