Case Number: KC069400 Hearing Date: April 09, 2018 Dept: J

Re: Joseph M. Hoats v. Maria Felix Briceno (KC069400 R/T KC069267)

MOTION FOR ORDER CLARIFYING COURT ORDER COMPELLING ARBITRATION AND FOR CONSOLIDATING THE ARBITRATION OF THE MATTER OF LILIAN D. HOATS V. MARIA FELIX BRICENO, CASE NUMBER KC069267 AND THIS ACTION AND FOR COSTS OF ARBITRATION

Moving Party: Plaintiff/Cross-Defendant Joseph M. Hoats

Respondent: No timely opposition filed

POS: Moving OK

Case No. KC069267

This is an attorney/client fee dispute. The complaint was filed on 4/26/17. The First Amended Complaint, filed on 5/25/17, asserts causes of action against Defendant Maria Felix Briceno (“Briceno”) and Does 1-10 for:

Breach of Written Contract
Common Counts
Libel Per Se—Defamation
Intentional Infliction of Emotional Distress

On 7/3/17, plaintiff dismissed her third cause of action, without prejudice. On 8/1/17, plaintiff dismissed her fourth cause of action, without prejudice. On 8/30/17, Briceno filed her cross-complaint, asserting a cause of action against plaintiff and Does 1-5 for Breach of Fiduciary Duties.

On 8/31/17, the court granted Briceno’s motion for an order compelling arbitration, ordered the action stayed pending arbitration and appointed Judge Peter Meeka (ret.) as arbitrator.

On 10/30/17, the court related this case to Case No. KC069400 and designated Case

No. KC069267 as the lead case. On 11/17/17, plaintiff/cross-defendant filed a “Notice of Stay of Proceedings.” A Status Conference re: Arbitration is set for 6/28/18.

Case No. KC069400

This is an attorney/client fee dispute. The complaint, filed 6/21/17, asserts causes of action against Briceno and Does 1-10 for:

Breach of Written Contract
Common Counts

On 10/23/17, the court granted Briceno’s motion to set aside default and default judgment.[1] On 10/23/17, Briceno filed her cross-complaint, asserting causes of action against plaintiff, Cross-Defendants Lilian De Monteverde Hoats, Sergio Gomez Gonzalez and Does 1-5 for:

Breach of Fiduciary Duties
Cancellation of Instrument
Cancellation of Instrument
Fraud and Deceit
Fraud and Deceit

On 10/30/17, the court related this case to Case No. KC069267 and designated Case No. KC069267 as the lead case.

On 11/17/17, plaintiff/cross-defendant filed a “Notice of Stay of Proceedings.”[2] On 2/1/18, plaintiff/cross-defendant filed another “Notice of Stay of Proceedings,” advising therein of his bankruptcy filing. On 2/1/18, the court ordered this case stayed “as the cross-complaint” and set a Status Conference re: bankruptcy for 6/28/18.

Plaintiff Joseph M. Hoats moves the court for an order clarifying the ruling compelling arbitration, consolidating arbitration in Case Nos. KC069267 and KC069400 in this matter and designating responsibilities for payment of costs.

This motion is taken off-calendar, pursuant to the 2/1/18 notice of stay of proceedings.

[1] The court’s 10/23/17 minute order also states, “Counsel to submit a stipulation re: binding arbitration.”

[2] The “Notice of Stay of Proceedings” attaches a non-conformed copy of Briceno’s “Notice of Ruling” filed 10/23/17 in Case No. KC069400, wherein Briceno’s counsel represents that the court on 10/23/17 “ordered the parties to pursue Binding Arbitration before the Honorable Peter J. Meeka” “[o]n Plaintiff’s complaint.” There is no indication that the court ever ordered Case No. BC069400 to arbitration and, again, there is nothing online or in the file that indicates that a stipulation re: binding arbitration was ever filed. On 1/10/18, Plaintiff/Cross-Defendant Joseph M. Hoats filed a “Motion for Order Clarifying Court Order Compelling Arbitration and for Consolidating the Arbitration of the Matter of Lilian D. Hoats v. Maria Felix Briceno Case Number KC069267 and this Action and for Costs of Arbitration,” which is set for hearing on 4/9/18.