Judge: Elaine Lu, Case: 23STCV10833, Date: 2023-12-14 Tentative Ruling

Case Number: 23STCV10833    Hearing Date: December 14, 2023    Dept: 26

12/14/23:

The parties state that they mediated unsuccessfully through Resolve Law LA on October 3, 2023.

By way of the ex parte application, Plaintiffs state that Plaintiffs seek discovery that is relevant only to Defendant's motion to compel arbitration.  Plaintiffs do not recall signing the arbitration agreement.  Plaintiffs believe that there are authenticity issues as to Plaintiffs' signatures on the arbitration agreement.

During a recess in the hearing on this ex parte application, the parties met and conferred and agreed that the stay on discovery shall be lifted to allow Plaintiffs to pursue discovery relevant only to the existence of an arbitration agreement and the circumstances of its execution, including all discovery attached to DECLARATION OF JOSEPH TOJARIEH's declaration filed on 12/12/23 with the following modifications: (1) Request for Production #2 (attached as exhibit 5) is modified to read: "Each and every version of YOUR arbitration agreement(s) between July 1, 2018 and <ay 23, 2022; (2) Request for Production #2 (attached as exhibit 7) is modified to read: "Each and every version of YOUR arbitration agreement(s) between July 1, 2018 and May 23, 2022; (3) Special Interrogatories # 14 and 15 (exhibit 6) are withdrawn; (4) Special Interrogatories # 14 and 15 (exhibit 8) are withdrawn; and (5) matters involving topic #7 and #10 of the PMQ notice is withdrawn.  The parties further stipulate that: (a) Defendant will respond to the written discovery within 45 days from today; (b) the depositions of Defendant's PMQ and both Plaintiffs will occur within five weeks of Plaintiff's receipt of Defendant's written discovery responses.

Defendant may move the hearing on its motion to compel arbitration to any date available on CRS but must file and serve notice of the new hearing date.

In light of the parties' stipulation, the stay on discovery is lifted only to the extent of the parties' stipulation, and Plaintiff's ex parte is granted only to the extent of the parties' stipulation

The parties entered into these stipulations in open Court.  Prior to finalizing this minute order, the Court posted this minute order on the Court’s online tentative ruling website, and all Counsel agreed to the accuracy of this minute order in reflecting the parties’ stipulations.

Plaintiffs are to give notice and file proof of service of such.