Judge: Christopher K. Lui, Case: 24STCV17131, Date: 2024-10-30 Tentative Ruling

Case Number: 24STCV17131    Hearing Date: October 30, 2024    Dept: 76

The following tentative ruling is issued pursuant to Rule of Court 3.1308 at 2:58 p.m. on October 29, 2024. 

Notice of intent to appear is REQUIRED pursuant to California Rule of Court 3.1308(a)(1).  The Court does not desire oral argument on the motion addressed herein. 

As required by Rule 3.1308(a)(1), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 by 4:00 p.m. on October 29, 2024.

Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.

Per Rule of Court 3.1308, if notice of intention to appear is not given, oral argument will not be permitted.

            Plaintiff alleges that she suffered racial harassment and discrimination and was retaliated against for complaining about such treatment, including drastically reduced hours and termination.   

            Defendant Burlington Coat Factory of Texas moves to compel arbitration.

TENTATIVE RULING

            Defendant Burlington Coat Factory of Texas’s motion to compel arbitration is currently MOOT. Plaintiff has submitted her claim to the American Arbitration Association. Defendant’s request that the Court issue an order compelling arbitration anyone is DENIED. The Court arguably does not have jurisdiction anymore, as the case is now in arbitration. More fundamentally, “[t]he law neither does nor requires idle acts.” (Civil Code § 3532.)

The Court sets a status conference regarding the status of arbitration for June 25, 2025 at 8:30 a.m.