Judge: Armen Tamzarian, Case: 22STCV23086, Date: 2023-01-04 Tentative Ruling

Case Number: 22STCV23086    Hearing Date: January 4, 2023    Dept: 52

Plaintiffs Lee Goldberg and Adventures in Television’s Ex Parte Application to Postpone and Reset Hearing Dates

Plaintiffs Lee Goldberg and Adventures in Television apply ex parte for an order continuing the hearings on their motion to conduct limited discovery and on defendants Boomtown Medial Partners, LLC and Fast Charlie NOLA, LLC’s anti-SLAPP motion to be heard after the petition to compel arbitration by intervenor Writers Guild of America, West, Inc.

When a party petitions to compel arbitration before the hearing on an opposing party’s anti-SLAPP motion, the underlying policies appear to conflict.  “The point of the anti-SLAPP statute is that you have a right not to be dragged through the courts because you exercised your constitutional rights.”  (People ex rel. Lockyer v. Brar (2004) 115 Cal.App.4th 1315, 1317.)  On the other hand, the California Arbitration Act (CAA) “reflect[s] a strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution.”  (Wagner Construction Co. v. Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25, internal quotes omitted.)  Filing an anti-SLAPP motion only stays discovery proceedings.  (Code Civ. Proc., § 426.15(g).)  The CAA, however, unequivocally provides that a court “shall, upon motion of a party… stay the action or proceeding until an arbitration is had” and “until the application for an order to arbitrate is determined.”  (Code Civ. Proc., § 1281.4.) 

The court finds that hearing the petition to compel arbitration before the other pending motions comports with the law and will serve the interests of justice and judicial economy.  Plaintiffs did not apply to advance the hearing on the petition to compel arbitration, but doing so will also further those interests.

Plaintiffs’ ex parte application to continue hearings is granted.

The court hereby advances the hearing on intervenor Writers Guild of America, West, Inc.’s petition to compel arbitration from February 16, 2023, to January 30, 2023, at 9:00 a.m. 

The court hereby continues the case management conference from January 11, 2023, to January 30, 2023, at 9:00 a.m.

The court hereby continues the hearing on plaintiffs Lee Goldberg and Adventures in Television’s motion for leave to conduct limited discovery from January 11, 2023, to January 30, 2023, at 9:30 a.m.

The court hereby continues the hearing on defendants Boomtown Medial Partners, LLC and Fast Charlie NOLA, LLC’s special motion to strike from February 10, 2023, to February 16, 2023, at 9:00 a.m.