Judge: Daniel S. Murphy, Case: 24STCV18629, Date: 2024-10-30 Tentative Ruling
Case Number: 24STCV18629 Hearing Date: October 30, 2024 Dept: 32
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MARIA TERESA SCOTT, Plaintiff, v. DI LOGISTICS, LLC, Defendant.
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Case No.: 24STCV18629 Hearing Date: October 30, 2024 [TENTATIVE]
order RE: plaintiff’s motion to compel deposition |
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BACKGROUND
On July 23, 2024, Plaintiff Maria
Teresa Scott filed this employment action against Defendant DI Logistics, LLC,
asserting claims for violations of the FEHA, Labor Code, and UCL.
On October 4, 2024, Plaintiff filed
the instant motion to compel the deposition of Defendant’s PMQ. Defendant filed
its opposition on October 17, 2024. Plaintiff filed her reply on October 23,
2024.
DISCUSSION
Defendant filed a motion to compel
arbitration on October 17, 2024. The filing of a motion to compel arbitration
stays the action while the motion is pending. (See Code Civ. Proc., § 1281.4; Twentieth
Century Fox Film Corp. v. Superior Court (2000) 79 Cal.App.4th 188, 192.)
Additionally, the Court has discretion to control the proceedings in the
furtherance of justice. (See Code Civ. Proc., § 128(a); Walker v. Superior
Court (1991) 53 Cal.3d 257, 267.) Therefore, Plaintiff’s motion to compel
deposition DENIED without prejudice.