Judge: Joel R Wohlfeil, Case: 37-2023-00006114-CU-OE-CTL, Date: 2023-10-27 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - October 25, 2023
10/27/2023 09:00:00 AM C-73 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Joel R. Wohlfeil
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Civil - Unlimited Other employment Motion Hearing (Civil) 37-2023-00006114-CU-OE-CTL MILLS VS MGM CONTRACTING INC [E-FILE] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/27/2023
The Motion (ROA # 22) of Defendants MGM Contracting, Inc. ('MGM') and AMG Demolition and Environmental Service. Inc. ('AMG') (collectively 'Defendants') for an order staying further proceedings herein by Plaintiff JADEN MILLS, an individual on behalf of himself and all other similarly situated ('Plaintiff'), is DENIED.
Defendants predicate this Motion of Code of Civil Procedure section 1281.4, which provides, in part: 'If a court of competent jurisdiction ... has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party ..., stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.' Even assuming a stipulated agreement between the parties is an 'order' triggering section 1281.4, there is no evidence that a formal agreement exists. The email statement attached to the declaration of defense counsel appears to be an agreement to enter a formal stipulation, but no such formal agreement has been lodged with the Court. The Motion is denied on this basis, and the Court does not address the substantive propriety of whether the PAGA claim must be stayed pending completion of arbitration.
This ruling is made without prejudice of the ability to re-make this Motion after a formal agreement is executed.
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