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Cach, LLC v. Martin

Court of Appeals of Arizona, First Division

September 24, 2015

CACH, LLC, a limited liability company, Plaintiff/Appellee,
v.
NANCY M. MARTIN and ROBERT MARTIN, Defendants/Appellants.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CV 2012-017288 The Honorable Robert H. Oberbillig, Judge

COUNSEL

Neuheisel Law Firm, P.C., Tempe By Kathryn A. Neuheisel, Beth Bruno, Kerry Osborne Counsel for Plaintiff/Appellee

Nancy and Robert Martin, Tempe Defendants/Appellants

Presiding Judge Margaret H. Downie delivered the decision of the Court, in which Judge Patricia A. Orozco and Judge Maurice Portley joined.

MEMORANDUM DECISION

DOWNIE, JUDGE

¶1 Nancy and Robert Martin appeal from the entry of summary judgment in favor of CACH, LLC. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 CACH sued the Martins for breach of contract, alleging a default on a credit card account with Citibank - CACH's predecessor-in-interest. The Martins moved to stay or dismiss the action to allow for arbitration, as contemplated by the credit card agreement. CACH did not object to arbitration and asked the court to stay the proceeding "for a reasonable period of time" to permit the Martins to pursue arbitration.

¶3 In January 2013, the trial court stayed the proceedings to allow arbitration to proceed. After the case was dismissed off the inactive calendar, the trial court reinstated the action, finding "good cause exists to reinstate the case so that it can proceed to resolution on the merits."

¶4 CACH filed a motion for summary judgment in October 2013, which the Martins opposed. The trial court granted CACH's motion, and the Martins filed a timely notice of appeal. We have jurisdiction pursuant to Arizona Revised Statutes ("A.R.S.") sections 12-120.21(A)(1) and -2101(A)(1).

DISCUSSION

I. Arbitration Clause


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