Reply Re Morgans Motion To Compel Arbitration And Request For Stay Memorandum of Points And Authorities

Reply

Cal. Super. - 2nd Dist.September 26, 2019

Electronically FILED by Supelbr Court of California, County of Los Angeles on 06/24/2020 05:21 PM Sherri R. Carter, Executive Officer/Clerk of Court, by S. Bolden,Deputy Clerk L A w O F F I C E OF H E N R Y B. LA T O R R A C A 40 0 O c e a n g a t e , Su it e 70 0 Lo ng Be ac h, CA 9 0 8 0 2 - 4 3 0 6 (5 62 ) 21 6- 29 42 oe RO 9 & Nn A W N N N N N N N D N N N o d e e d LL N S N Rh W N = OS O d N N R W N = OC HENRY B. La TORRACA (Bar No. 71607) Law Office of Henry B. LaTorraca 400 Oceangate, Suite 700 Long Beach, CA 90802-4306 Telephone: (562) 216-2942 Facsimile: (562) 216-2943 Email: henryb@latorraca.com Attorneys for Defendants and Cross-Complainants, Arabian Zaid Morgan and Terri Sheilan Morgan, co-trustees of the Arabian Zaid Morgan and Terri Sheilan Morgan Revocable Living Trust SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES STANLEY MOSK COURTHOUSE ANTHONY WRIGHT, LILLIE WHITEHEAD, CASA DE LAS INVESTMENTS, LLC Plaintiff, V. ARABIAN ZAID MORGAN & TERRI SHEILAND MORGAN REVOCABLE TRUST; and DOES 1-10, inclusive, Defendants 00055933.doc Case No. 19STCV34171 Related to: 18STCV04385 & 19STCV34270 Assigned to: Hon. Michelle Williams Court Dept. 74 REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION AND REQUEST FOR STAY; MEMORANDUM OF POINTS AND AUTHORITIES Reservation: 820748950331 Date: July 2, 2020 Time: 10:30 a.m. Dept: 74 Complaint filed: September 26, 2019 REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION L A w O F F I C E OF H E N R Y B. LA T O R R A C A 40 0 O c e a n g a t e , Su it e 70 0 Lo ng Be ac h, CA 9 0 8 0 2 - 4 3 0 6 (5 62 ) 21 6- 29 42 oe RO 9 & Nn A W N N N N N N N D N N N o d e e d LL N S N Rh W N = OS O d N N R W N = OC ARABIAN ZAID MORGAN, co-trustee of the Arabian Zaid Morgan and Terri Sheilan Morgan Revocable Living Trust; and TERRI SHEILAN MORGAN, co-trustee of the Arabian Zaid Morgan and Terri Sheilan Morgan Revocable Living Trust; Cross-Complainants, V. CASA DE LAS INVESTMENTS, LLC, LILLIE B. WHITEHEAD, ANTHONY WRIGHT, JP MORGAN CHASE BANK, N.A., “ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE CROSS-COMPLAINT ADVERSE TO CROSS-COMPLAINANTS’ TITLE, OR ANY CLOUD UPON CROSS- COMPLAINANTS’ TITLE THERETO”, and ROES 1-100, inclusive. Cross-Defendants. 00055933.doc 2 REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION << 3 [4 © Ooo om a«™~v -- £5 mals > OQ 220 © 259% I&sS Lg © 00 pw wom Qo £38? wo 0 = = << - vw ww a e nn AR W N N O N N O N N O N O N mE e m em em em e m em e m 2 R N R 5 R O S S E R E T 2 3 8 a 0 B o e o 0 o = , o o TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Petitioners, Defendants, and Cross Aside from the fact that that argument is not factual, the arbitration agreement is still enforceable and severable from the real estate sale and purchase contract with the result that should order arbitration of all claims asserted. 2 In fact, Plaintiff Casa de las Investments, LLC refused to sign the escrow papers to open 00055933.doc 9 REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION L A w O F F I C E OF H E N R Y B. LA T O R R A C A 40 0 O c e a n g a t e , Su it e 70 0 Lo ng Be ac h, CA 9 0 8 0 2 - 4 3 0 6 (5 62 ) 21 6- 29 42 oe RO 9 & Nn A W N N O N N O N N N N N N EE em em em em j m em em e m LL J S N nN A W N = o X N N N R W = D 3: Conclusion WHEREFORE, DEFENDANTS pray that this Court: 1. Stay this ACTION; 2. Order that Plaintiffs have waived their right to a mediation per paragraph 22.A of the CONTRACT by refusing to pay their share of the fees of C.A.R. Real Estate Mediation Center; 3. Order that Plaintiffs have waived any right to attorney’s fees by reason of their refusal to select a mediator and to pay their share of the fees of C.A.R. Real Estate Mediation Center; 4. Order all claims and relief prayed for in the ACTION by the parties be submitted to arbitration before Hon. Rex Heeseman (Ret.), a retired judge previously agreed to by the parties and to pay JAMS Plaintiffs’ filing fee and all sums required by JAMS; or, if unavailable, appoint a different retired judge or justice or an attorney with at least 5 years residential real estate law experience per paragraph 22.B. of the CONTRACT; 5. Order that CASA appear in this action and in the arbitration only by an attorney because it cannot represent itself; or set an Order to Show Cause re: Dismissal of the Complaint with prejudice, but not the Cross-Complaint or this Motion, for its failure to do so. 6. Award DEFENDANTS their attorney’s fees incurred in connection with this Petition; 7. Award DEFENDANTS liquidated damages per the CONTRACT; 8. Award DEFENDANTS 10% pre-judgment interest; 9. At DEFENDANTS’ option, specifically enforce the CONTRACT; 10. At DEFENDANTS’ option, declare that the CONTRACT was materially breached by CASA and that is unenforceable by CASA; €SCrow. 00055933.doc 10 REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION Lo ng Be ac h, CA 9 0 8 0 2 - 4 3 0 6 (5 62 ) 21 6- 29 42 LA W OF FI CE OF H E N R Y B. LA T O R R A C A 40 0 Oc ea ng at e, Su it e 70 0 eo 0 N N AN Wn RAR W N N O N NN N N N N N em em e m e m em e m e m e e e d 8 9 8 B OH B R O N R R 8 28 x» 3 a ra w o w = o o 11. Award DEFENDANTS their recoverable costs in connection with this Petition, this ACTION, and in arbitration; 12. Dismiss this ACTION with prejudice in the event Plaintiffs fail to pay the Court-appointed arbitrator or otherwise fail to cooperate in the arbitration; 13. Confirm the arbitration award as a Judgment; 14. Order the Notice of Pendency of Action recorded as to ACTION NO. 1 and ACTION NO. 2 be removed. 15. Award such further relief and orders as this Court deems just and proper. Respectfully submitted, DATED: June 24. 2020 LAW OFFICE OF HENRY B. LaTORRACA wo Mo Lo Torncr YB. LaTORRACA pHs gL Petitioners, Defendants, and Cross- Complainants Arabian Zaid Morgan and Terri Sheilan Morgan, co-trustees of the Arabian Zaid Morgan and Terri Sheilan Morgan Revocable Living Trust 00055933.doc 11 REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION L A W O F F I C E OF H E N R Y B. LA T O R R A C A 40 0 Oc ea ng at e, Su it e 70 0 Lo ng Be ac h, CA 9 0 8 0 2 - 4 3 0 6 (5 62 ) 21 6- 29 42 $C ww N N S N nh hs W N == N O O N O N O N O N N O N N em mm em em e m em e m Em e m e d 2 N 8 8 68 R R U 8 R R 8 9 2 3 a r w N = © PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Law Office of Henry B. LaTorraca, 400 Oceangate, Suite 700, Long Beach, CA 90802-4306. My electronic mail address is henryb/@latorraca.com. On June 24, 2020, I served the document described as: REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION AND REQUEST FOR STAY; MEMORANDUM OF POINTS AND AUTHORITIES on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Anthony Wright In Pro Per Lillie Whitehead Casa De Las Investments, LLC 106 % Judge John Aiso Street, #209 Los Angeles, CA 90012 x] BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the above-named persons at the addresses exhibited therewith and I deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Long Beach, California. x] STATE: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 24, 2020, at Long Beach, California. HARE Henry’B. LaTorraca 00055933.doc 12 REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION Lo ng Be ac h, CA 9 0 8 0 2 - 4 3 0 6 (5 62 ) 21 6- 29 42 L A w OF FI CE OF H E N R Y B. LA T O R R A C A 40 0 Oc ea ng at e, Su it e 70 0 OW ® Na a hn BA W N N O N O N O N N N N N NN EE em em e m e d mk mk je e d e d 0 Jd A hh BA WwW N E ® 9 ® N N S N N R W N = O PROOF OF SERVICE [ am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is Law Office of Henry B. LaTorraca, 400 Oceangate, Suite 700, Long Beach, CA 90802-4306. My electronic mail address is henryb@latorraca.com. On June 24, 2020, I electronically served the document(s) described as: REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION AND REQUEST FOR STAY; MEMORANDUM OF POINTS AND AUTHORITIES on the parties in this action as follows: Nabeel M. Zuberi Attorney for Cross-Defendant, MCCALLA RAYMER LEIBERT PIERCE, LLP JPMorgan Chase Bank, N.A. 301 E. Ocean Blvd., Suite 1720 Long Beach, CA 90802 Nabeel.Zuberi@McCalla.com [x] VIA ELECTRONIC SERVICE: On the above date prior to 11:59 p.m., I caused electronic file(s) of the above document(s) to be electronically served on the person(s) at the e-mail address(es) listed in the above service list. [x] STATE: [declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 24, 2020, at Long Beach, California. MSZ Den Henry B. LaTorraca 00055933.doc 13 REPLY RE: MORGAN’S MOTION TO COMPEL ARBITRATION