1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Mr or Mrs Defendant Xxxx Main Street Los Angeles, CA 90501 xxx-xxx-xxxx Petitioner, In Pro Per

Superior Court of California, County of Los Angeles Central District, Stanley Mosk Courthouse

Mr or Mrs Defendant , Petitioner, vs. Junk Debt Buyer LLC, Respondents.

) ) ) ) ) ) ) ) ) )

Case No. xxxxxxxxxxxxxxxx 1PETITION TO COMPEL ARBITRATION AND STAY CURRENT ACTION PENDING OUTCOME OF ARBITRATION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MR OR MRS DEFENDANT; EXHIBITS #A-B C.C.P. 1281.2,1281.4, F.A.A 9, U.S.C. 3 DATE: TIME: DEPT:

Petitioner Mr or Mrs Defendant, hereby petitions the court for an order compelling arbitration and stay of action pending outcome of arbitration. Petitioner alleges: 1. 2. This petition has been filed in the proper court pursuant to C.C.P. 1281.2, 1281.4 Respondents, as assignees of original creditor ORIGINAL CREDITOR, N.A., allege

that they and petitioner entered into a written agreement, in which at Page Three (3), Left Hand Column, Paragraph #8, the parties agreed to arbitrate all disputes arising out of any dispute concerning the alleged agreement.

- 1 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3.

The alleged cardmember agreement provides for the election of Arbitration on Page

Three (3), Right Column, Paragraph #2 and in the following manner: Either you or we may, without the other's consent. Elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement. A true and correct copy of the alleged cardmember agreement is attached to the Declaration of Mr or Mrs Defendant filed and served herewith as Exhibit A and incorporated herein by reference. 3. On or about January 25th, , a controversy arose between Petitioner and

Respondent in that respondent alleges that on or about November 30, 2009 petitioner breached the above alleged cardmember agreement by failing to pay the payment due to alleged account. The Arbitration agreement herein alleged requires that Petitioner and Respondents arbitrate their controversy as to All disputes. 4. That pursuant to said Arbitration Agreement:

Binding Arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the 'FAA"), 9U.S.C. 1-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court 5. According to The Federal Arbitration Act Title 9, US Code, Section 3:

If any suit or proceeding to be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been
- 2 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. 6. On January 25th, respondent filed current action against petitioner for breach of the

alleged cardmember agreement. 7. On or about April 1st, petitioner elected private binding arbitration according to the

manner quoted above and in the alleged cardmember agreement. A true and correct copy of petitioners election of arbitration letter, along with proof of certified mail receipt, and signature confirmation from respondents attorney JUNK ATTORNEY is attached to the declaration of Mr or Mrs Defendant and served herewith as Exhibit B by reference. 8. On or about April 16th, , by failing to dismiss the action against petitioner and initiate

private arbitration, respondent explicitly refused and continue to refuse to comply with the terms of the alleged cardmember agreement or to initiate private arbitration after it was elected by petitioner. WHEREFORE, Petitioner prays, 1. 2. That the Court order Respondents to Arbitrate the controversy as herein alleged; That the Court order Respondents to initiate binding private arbitration with AAA in

accordance with the alleged agreement and pay filing fees in accordance with the agreement herein; 3. That the court stays the current action pending outcome of private arbitration pursuant

to F.A.A 9, U.S.C. 3. 4. For such other and further relief as the Court may deem just and proper.

DATED: July 11,

Mr or Mrs Defendant, Petitioner, In Pro Per

- 3 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF FACTS 1. Respondents, as assignees of original creditor ORIGINAL CREDITOR, N.A., allege

that they and petitioner entered into a written agreement, in which at Page Three (3), Left Hand Column, Paragraph #8, the parties agreed to arbitrate all disputes arising out of any dispute concerning the alleged agreement. 2. The alleged cardmember agreement provides for the election of Arbitration on Page

Three (3), Right Column, Paragraph #2 and in the following manner: Either you or we may, without the other's consent. Elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement. A true and correct copy of the alleged cardmember agreement is attached to the Declaration of Mr or Mrs Defendant filed and served herewith as Exhibit A and incorporated herein by reference. 3. On or about January 25th, , a controversy arose between Petitioner and

Respondent in that respondent alleges that on or about November 30, 2009 petitioner breached the above alleged cardmember agreement by failing to pay the payment due to alleged account. The Arbitration agreement herein alleged requires that Petitioner and Respondents arbitrate their controversy as to All disputes. 4. On January 25th, respondent filed current action against petitioner for breach of the

alleged cardmember agreement. 5. On or about April 1st, petitioner elected private binding mandatory arbitration according

to the manner quoted above and in the alleged cardmember agreement. A true and correct copy of
- 4 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

petitioners election of arbitration letter, along with proof of certified mail receipt, and signature confirmation from respondents attorney JUNK ATTORNEY is attached to the declaration of Mr or Mrs Defendant and served herewith as Exhibit B by reference. 6. On or about April 16th, , by failing to dismiss the action against petitioner and initiate

private arbitration, respondent explicitly refused and continue to refuse to comply with the terms of the alleged cardmember agreement or to initiate private arbitration after it was elected by petitioner. 7. Petitioner seeks initiation of mandatory private arbitration with AAA by respondent

according to the arbitration agreement as well as payment of filing fees on behalf of petitioner in accordance with same agreement. 8. Petitioner seeks a stay of the current action pending the outcome of arbitration from the

court pursuant to F.A.A 9, U.S.C. 3 II. LEGAL ARGUMENT A. PETITIONER, AS A PARTY TO AN ARBITRATION AGREEMENT IN WHICH IS

ENTITLED TO AN ORDER COMPELLING ARBITRATION BECAUSE THE RESPONDENT HAS REFUSED TO ARBITRATE A CONTROVERSY UNDER THE AGREEMENT. Code of Civil Procedure 1281.2 provides in pertinent part that, On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy, and that a party thereto refuses to arbitrate the controversy, the court shall order the parties to so arbitrate if it determines that such an agreement exists. As shown by the Declaration of Mr or Mrs Defendant and Exhibits attached thereto, filed and served herewith and incorporated herein by reference, Respondents refused to participate in Arbitration through the American Arbitration Association as provided for in the Agreement.

- 5 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

B.

VENUE IS PROPER AS THE PETITIONER LIVES IN LOS ANGELES Petitioner lives in the City of Los Angeles, which is located in Los Angeles County, California,

and is also located within the jurisdictional area of this Court. C. BECAUSE PETITIONER HAS PRESENTED PRIMA FACIE EVIDENCE PROVING

EXISTENCE OF AN AGREEMENT TO ARBITRATE IT HAS MET ITS BURDEN UNDER THE LAW. Code of Civil Procedure 1281.2 provides in pertinent part that, When a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must decide whether the agreement exists, and if any defense to its enforcement is raised, whether the agreement is enforceable. Because existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence. As Petitioner has attached a true and correct copy of the written agreement as Exhibit A to the Declaration of Mr or Mrs Defendant in which at Page 3, Paragraph 8-16, that if elected, the parties agree to arbitrate all disputes arising out of any dispute concerning the Agreement, and as the Declaration of Mr or Mrs Defendant states that respondents allege he signed said Agreement, the Petitioner has proven by a preponderance of the evidence the existence of a written agreement to arbitrate. Thus it has met its burden under the law and the Court should compel the Respondents to Arbitrate the controversy as herein alleged as provided for in the Arbitration agreement. E. THERE IS A STRONG PUBLIC POLICY IN FAVOR OF ARBITRATION UNDER

CALIFORNIA LAW AND ANY DOUBTS AS TO THE SCOPE OF AN AGREEMENT TO ARBITRATE ARE TO BE RESOLVED IN FAVOR OF ARBITRATION.

- 6 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The California Supreme Court has stated that it is well established that under California law there is a strong public policy in favor of arbitration. See Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971-972 And a California Court of Appeal has also stated that any doubts as to the scope of an agreement to arbitrate are to be resolved in favor of arbitration. See Hayes Children Leasing Co. v. NCR Corp.(1995) 37 Cal.App.4th 775, 788. As the Agreement entered into between Petitioner and Respondents clearly states that all disputes under said Agreement are to be arbitrated this Court should grant this Petition to Compel Arbitration, and stay the current action pending the outcome of arbitration. III. CONCLUSION Based on the above, Petitioner respectfully requests that the Court compel the Respondents to Arbitrate the controversy as herein alleged as provided for in the agreement, that the Court order Respondents to initiate binding arbitration with AAA in accordance with the terms of the Agreement and stay the current action pending the outcome of arbitration. DATED: July 11,

Mr or Mrs Defendant, Petitioner, In Pro Per

DECLARATION OF MR OR MRS DEFENDANT I, Mr or Mrs Defendant, declare as follows: 1. I am the Petitioner in this action. I am over the age of 18 years and have personal

knowledge of the facts contained in this declaration, and if called as a witness, could and would testify competently to the following.
- 7 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1.

Respondents, as assignees of original creditor ORIGINAL CREDITOR, N.A., allege

that they and petitioner entered into a written agreement, in which at Page Three (3), Left Hand Column, Paragraph #8, the parties agreed to arbitrate all disputes arising out of any dispute concerning the alleged agreement. 2. The alleged cardmember agreement provides for the election of Arbitration on Page

Three (3), Right Column, Paragraph #2 and in the following manner: Either you or we may, without the other's consent. Elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement. A true and correct copy of the alleged cardmember agreement is attached to the Declaration of Mr or Mrs Defendant filed and served herewith as Exhibit A and incorporated herein by reference. 3. On or about January 25th, , a controversy arose between Petitioner and

Respondent in that respondent alleges that on or about November 30, 2009 petitioner breached the above alleged cardmember agreement by failing to pay the payment due to alleged account. The Arbitration agreement herein alleged requires that Petitioner and Respondents arbitrate their controversy as to All disputes. 6. On January 25th, respondent filed current action against petitioner for breach of the

alleged cardmember agreement. 7. On or about April 1st, petitioner elected private binding mandatory arbitration according

to the manner quoted above and in the alleged cardmember agreement. A true and correct copy of petitioners election of arbitration letter, along with proof of certified mail receipt, and signature confirmation from respondents attorney JUNK ATTORNEY is attached to the declaration of Mr or Mrs Defendant and served herewith as Exhibit B by reference.
- 8 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

8.

On or about April 16th, , by failing to dismiss the action against petitioner and initiate private

arbitration, respondent explicitly refused and continue to refuse to comply with the terms of the alleged cardmember agreement or to initiate private arbitration after it was elected by petitioner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on July 11, at Los Angeles, California.

________________________________________________ Mr or Mrs Defendant, Petitioner, In Pro per

EXHIBIT A
- 9 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(ORIGINAL CREDITOR, N.A. CARDMEMBER AGREEMENT)

EXHIBIT B
(PETITIONERS ARBITRATION ELECTION LETTER & MAIL PROOF OF MAILING)
- 10 Defendants petition to compel arbitration, Memo of P&A & Declaration

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 11 Defendants petition to compel arbitration, Memo of P&A & Declaration