Motion to Compel Arbitration
25CV030020: VELOCITY INVESTMENTS LLC vs ORTIZ 06/11/2026 Hearing on Motion to Compel Arbitration in Department 16D
Tentative Ruling
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25CV030020: VELOCITY INVESTMENTS LLC vs ORTIZ 06/11/2026 Hearing on Motion to Compel Arbitration in Department 16D
a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Self-represented Defendant Shyanne Ortizs unopposed motion to compel arbitration is granted.
This is a debt collection matter in which Plaintiff Velocity Investments, LLC alleges that Defendant owes $27,445.95 pursuant to a consumer loan account. The subject account agreement, which is attached to Plaintiffs complaint as Exhibit A, contains an arbitration provision which requires that any dispute regarding the account be submitted to binding arbitration before AAA pursuant to AAAs Consumer Arbitration Rules.
A written agreement to submit a controversy to arbitration is valid, enforceable, and irrevocable consistent with standard contract principles. There is a strong public policy favoring the enforcement of arbitration agreements. (Code Civ. Proc. §1281; Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706.) On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy, the court shall order the petitioner and the respondent to arbitrate the matter if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) the right to compel arbitration was waived by the petitioner; (b) grounds exist for the revocation of the agreement; or, (c) a party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. (Code Civ.
No opposition to the motion was filed. A partys failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
The motion to compel is granted. Plaintiffs complaint against Defendant is ordered to
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV030020: VELOCITY INVESTMENTS LLC vs ORTIZ 06/11/2026 Hearing on Motion to Compel Arbitration in Department 16D
arbitration before AAA in accordance with the arbitration provision.
In addition, the Court grants Defendants request that the entire action be stayed pending arbitration. (CCP § 1281.4.)
The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant is ordered to notify Plaintiffs counsel immediately of the tentative ruling system and to be available at the hearing, via Zoom or by telephone, in the event Plaintiffs counsel appears without following the procedures set forth in Local Rule 1.06(B).
The minute order is effective immediately. No formal order pursuant to CRC rule 3.1312 or other notice is required.