Judge: H. Jay Ford, III, Case: 22SMCV00244, Date: 2024-08-22 Tentative Ruling


Case Number: 22SMCV00244    Hearing Date: August 22, 2024    Dept: O

  Case Name:  Alegria v. Citydog! Club LLC, et al.

Case No.:

22SMCV00244

Complaint Filed:

2-23-22          

Hearing Date:

8-22-24

Discovery C/O:

N/A

Calendar No.:

2

Discovery Motion C/O:

N/A

POS:

OK

 Trial Date:

None

SUBJECT:                 MOTION FOR AN ORDER TO WITHDRAW PLAINTIFF’S CLAIM FROM ARBITRATION AND PROCEED IN STATE COURT

MOVING PARTY:   Plaintiff Karla Alegria

RESP. PARTY:         Defendants Citydog! Club, LLC; Citydog! Club – Higuera, LLC; and, Citydog! Club – Pontius, LLC

 

TENTATIVE RULING

            Plaintiff Karla Alegria’s Motion to Withdraw Plaintiff’s claim from Arbitration and Proceed in State Court is GRANTED. Defendants failed to pay arbitration fees within 30 days.   Under CCP § 1281.98 Plaintiff can unilaterally request the arbitration to be withdrawn and sent back to this Court. It is undisputed defendants failed to pay their required arbitration fees.  The Court orders the Plaintiff’s claim withdrawn from arbitration, and the claim shall proceed in this Court under CCP § 1281.98. 

 

            A trial setting conference is scheduled for 7-15-2025.  Counsel are to meet and confer and submit a joint statement prior to the hearing regarding the status of completing discovery and plan for mediation.