Judge: Joseph Lipner, Case: 23STCP03323, Date: 2024-04-09 Tentative Ruling

Case Number: 23STCP03323    Hearing Date: April 9, 2024    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

Petitioner Paul Frank Limited (“Petitioner”) moves an order (1) compelling Respondent China Brands Group (“Respondent”) to arbitrate Petitioner’s claims against Respondent in the arbitration already pending in Los Angeles County, JAMS Reference No. 5220002118 (the “Arbitration”) between Petitioner and Grand Union Trading Limited (“Grand Union”); and (2) staying the lawsuit filed by Respondent against Petitioner in the Intermediate People’s Court of Court of Tsingdao City of Shandong Province, Case No. (2022) Lu 02 Min Chu No. 1611-1 (the “China Lawsuit”) during the pendency of the Arbitration.

Respondent has not opposed Petitioner’s motion.  However, on April 4, 2024, Respondent filed a notice of removal to Federal Court.

The Court does not rule on Petitioner’s motion to arbitrate and takes it off calendar for two separate and independent reasons:

1.      Respondent’s April 4, 2024 notice of removal divests this Court of jurisdiction.

2.      This Court previously granted Petitioner’s motion for an order compelling Respondent to arbitrate in JAMS Reference No. 5220002118.  On November 21, 2023, the Court ordered Respondent to arbitrate Petitioner’s claims against Respondent in JAMS Reference No. 522002118. The Court concluded that Petitioner had not made a prima facia showing that Respondent and Grand Union were alter egos of each other. However, the Court concluded that Petitioner had shown that Respondent was Grand Union’s agent and could therefore be compelled to arbitration under Harris v. Superior Court (1986) 188 Cal.App.3d 475, 478-479. Given the previous order granting the very same relief that Petitioner purports to seek in the current motion, this second motion appears moot.  It is also not clear that this Court has jurisdiction to consider this motion about an alter ego finding after granting a motion compelling arbitration.

For these reasons, Petitioner’s motion shall go off calendar.