Motion to Compel Arbitration
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV148656: SHAHI vs RASTI 06/04/2026 Hearing on Motion to Compel Arbitration filed by 786 Kabob House (Defendant) CRS# 790741860104 in Department 518 Tentative Ruling - 06/02/2026 Mark Fickes On or about September 17, 2024, Plaintiff Lal Mohammed Shahi signed a written agreement with Defendant 786 Kabob House, Inc. which contains a dispute resolution provision which states: Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. (MPA, ex.
A § 5.3) This motion is not opposed. Generally, the Court would construe the lack of opposition as a concession that motion for arbitration is meritorious, however; it is unclear that Plaintiff has been served. CCP § 1010.6 provides in relevant part: (2) An unrepresented party may consent to receive electronic service. (3) Express consent to electronic service may be given by either of the following: (i) Serving a notice on all parties and filing the notice with the court. (ii) Manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party’s electronic address with that consent for the purpose of receiving electronic service.
The act of electronic filing shall not be construed as express consent. The Court has reviewed the docket and does not see that Plaintiff, who is unrepresented, has consented to electronic service. Further, there is no proof of service on file regarding this motion to compel arbitration. For these reasons, the Court CONTINUES this motion to allow Defendant 786 Kabob House, Inc., to prefect service and/or file the proof of service with the Court. This motion is CONTINUED to July 21, 2026, at 2:30 pm in Dept. 518.
The Hearing on Motion to Compel Arbitration filed by 786 Kabob House (Defendant) CRS# 790741860104 scheduled for 06/04/2026 is continued to 07/21/2026 at 02:30 PM in Department 518 at Hayward Hall of Justice. PLEASE NOTE: Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing.
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV148656: SHAHI vs RASTI 06/04/2026 Hearing on Motion to Compel Arbitration filed by 786 Kabob House (Defendant) CRS# 790741860104 in Department 518 To contest a tentative ruling, a party should do the following: First, the party must notify Department 518, by email at Dept518@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party’s name and a brief statement of the party’s reason for contesting the tentative, and click "Proceed." Please note the Court does not permit remote appearances for motions for summary judgment that are contested. If you contest a Motion for Summary Judgment, you must appear in person.
For all other motions (unless otherwise noted in the tentative ruling), Parties may appear via videoconference, using the Zoom.com website or application. TO CONNECT TO ZOOM: Department 518 is inviting you to a scheduled ZoomGov meeting.
Topic: Department 518’s Personal Meeting Room
Join ZoomGov Meeting https://alameda-courts-ca-gov.zoomgov.com/j/16054307984
Meeting ID: 160 5430 7984
One tap mobile +16692545252,,16054307984# US (San Jose) +14154494000,,16054307984# US (US Spanish Line)
---
Dial by your location +1 669 254 5252 US (San Jose)