Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 200 

 

 

BACKGROUND 

 

  Plaintiff Jorge Vasquez sued Defendants Lucas Doe and Airbnb over alleged bed bug bites he sustained at a property booked through Airbnb’s online platform.  Airbnb has filed a motion to compel arbitration, currently set for hearing on May 21, 2025.   

On February 7, 2025, Plaintiff served extensive written discovery on Airbnb including: 24 form interrogatories, 61 requests for admission, 35 special interrogatories and 66 requests for production.  This hearing is on Airbnb’s motion to stay discovery pending a ruling on its motion to compel arbitration.  There was no opposition filed as of the posting of this tentative ruling. 

LEGAL STANDARD 

Code of Civil Procedure §1281.4 provides in pertinent part: “If an application has been made to a court of competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an action or proceeding pending before a court of this State and such application is undetermined, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until the application for an order to arbitrate is determined and, if arbitration of such controversy is ordered, until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.  (Emphasis added.)  Section 1281.4 further provides, “If the issue which is the controversy subject to arbitration is severable, the stay may be with respect to that issue only." (Code Civ. Proc., § 1281.4.) 

The rationale for the rule is that arbitration is meant to result in a less costly and burdensome proceeding, including avoiding the costs and time of extensive discovery available in litigation.  Forcing a defendant to respond to discovery while a motion to compel arbitration is pending gives a plaintiff access to broad discovery not available in arbitration, thus, undermining the purpose of arbitration.   

DISCUSSION 

Airbnb has filed a motion to compel arbitration.  Pursuant to section 1281.4, a stay is mandatory when a motion to compel arbitration is pending.  There is no argument that there are severable issues, some of which are subject to arbitration and others are not.  Accordingly, the Court is compelled to stay discovery.   

CONCLUSION 

For the foregoing reasons, the Court GRANTS Defendant Airbnb’s motion to stay discovery pending a ruling on its motion to compel arbitration.   

DATED: April 18, 2025 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court