BRENT WEBBER v. TCHAKALLA ROMEO

Based on the foregoing, the Court finds the Arbitration Agreement is not substantively unconscionable. D. Stay of Current Action The FAA mandates a stay. Where an action involves "any issue referable to arbitration under an agreement in writing," the court "shall on application of one of the parties stay the trial of the action until such arbitration has been had." (9 U.S.C. Sec.3.) The statutory directive is not discretionary as to claims subject to arbitration. Plaintiff's claims against all Defendants arise from the operative facts. Because the arbitration will address the core factual and legal issues underlying the action, a stay of the entire matter pending completion of arbitration would serve judicial efficiency and avoid inconsistent results. Accordingly, this case is stayed pending arbitration. E.

Conclusion

Defendants' motion to compel arbitration is granted. The case is stayed pending arbitration. The Court sets a non-appearance case review for August 27, 2027, at 8:30 a.m. The parties are directed to submit a joint statement five calendar days in advance, apprising the Court of the status of the arbitration. Moving Party to give notice. Dated: August _____, 2026 | Hon. Daniel M. Crowley | Judge of the Superior Court |

Court of California County of Los Angeles DEPARTMENT 729

BRENT WEBBER, vs. TCHAKALLA ROMEO.

| Case No.:

Hearing Date: August 28, 2026 | Pro per Plaintiff Brent Webber's unopposed motion for relief from the dismissal is granted. Plaintiff Brent Webber ("Webber") ("Plaintiff"), in pro per, moves unopposed for relief under C.C.P. Sec.473(b) on the grounds that the dismissal was entered by a clerical error on April 28, 2026, and is the result of a mistake, inadvertence, surprise, or excusable neglect. (Notice Motion, pg. 2.)

Background

Plaintiff filed his operative complaint on February 3, 2026, against Defendant Tchakalla Romeo ("Romeo") ("Defendant") for ten causes of action: (1) constructive eviction; (2) breach of the covenant of quiet enjoyment; (3) tenant harassment/interference; (4) wrongful retention of security deposit; (5) assault and civil threats; (6) trespass and interference with possessory rights; (7) intentional infliction of emotional distress; (8) negligent interference with emotional distress (in the alternative); (9) interference with prospective economic advantage; and (10) unfair business practice. On April 28, 2026, Plaintiff requested dismissal of the Complaint without prejudice, which was granted by the Court on April 29, 2026. (4/28/26 Request for Dismissal.) Plaintiff filed the instant motion on June 3, 2026. As of the date of this hearing no opposition has been filed.

Legal Standard

A judge must vacate a default or dismissal when a motion for relief under C.C.P. Sec.473(b) is filed within 6 months after entry of the default or dismissal and is supported by an attorney's sworn affidavit attesting to the attorney's mistake, inadvertence, surprise, or neglect that caused the entry of the default or dismissal. A judge is not required to afford mandatory relief, however, if the judge finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. (CCP Sec. 473(b).)

Discussion

Plaintiff's motion is granted. Here, Plaintiff declares that the Request for Dismissal was filed due to mistake, excusable neglect, and inadvertence through a clerical error because he is a self-represented litigant and meant to dismiss the "Doe" defendants in order to process entry of default. (Decl. of Webber P.P.2-3.) Plaintiff declares that he was

unfamiliar with the complex layout of the Judicial Council Form CIV-110 and mistakenly checked Box 1.b.(5) for the "Entire action of all parties and all causes of action." (Decl. of Webber P.3.) Here, Plaintiff has demonstrated reasonable diligence in seeking relief and Defendant will not be prejudice by Plaintiff's motion. Accordingly, the Court grants Plaintiff's request for relief from dismissal of this action.

Conclusion

Plaintiff's unopposed motion for relief from dismissal is granted. Moving Party to give notice. Dated: August _____, 2026 | Hon. Daniel M. Crowley | Judge of the Superior Court | | Home -->)" -->