Judge: Elaine Lu, Case: 21STCV46952, Date: 2023-10-27 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 21STCV46952 Hearing Date: October 30, 2023 Dept: 26
10/30/23:
The parties' stipulation has been signed.
By stipulation of the parties, the Court hereby orders that:
(1) The stay in this matter is vacated and lifted.
(2) Plaintiff may withdraw all his claims from arbitration, close the arbitration with JAMS, and pursue his claims in this court.
(3) Defendant shall pay Plaintiff the amount of $3,500.00 pursuant to CCP §§1281.97-1281.99. Payment shall be made in a check payable to "Moon Law Group, PC" and shall be paid within 30 days of notice of the instant order.
(4) The Court hereby takes Plaintiff's currently pending motion to vacate the stay and elect withdrawal from arbitration off calendar.
(5) Defendant is to file a responsive pleading within 30 days of notice of this order.
(6) A case management conference in this matter is set for January 4, 2024 at 8:30 am.
The Court's Judicial Assistant shall give notice.