Judge: Mark H. Epstein, Case: 18SMCV00349, Date: 2023-09-26 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 18SMCV00349    Hearing Date: November 9, 2023    Dept: I

The court is in receipt of plaintiff’s counsel’s recent declaration.  In it, plaintiff’s counsel states that it now believes, based on further investigation, that a particular contract is in fact authentic.  That contract has an arbitration provision in it and it appears that plaintiff is going to seek arbitration.  The court will not order arbitration based on a statement in a status conference memo, but plaintiff is free to move to compel arbitration and defendant will respond in due course.  If plaintiff is going to do so, plaintiff should do it quickly.

Plaintiff’s counsel also stated that the parties need to mediate, as defendant and her friend (but not counsel of record) attorney Millman had previously agreed to do.  The court is inclined to allow the mediation to go forward and to order it based on defendant’s prior representations.

Plaintiff’s counsel has also expressed concern over discovery issues.  The court will not comment on them as they are not before the court.

Finally, plaintiff’s counsel alludes to certain difficulties communicating with plaintiff and other issues that are recent, and explained that the absence at the last hearing was due to technical problems—which the court can well understand.

In light of all of that, the court is inclined to set a trial date without prejudice to any motions that either party might want to bring.  The court notes, though, that the more discovery plaintiff insists on taking or bringing motions to compel about, the stronger an arbitration waiver argument becomes.  The court is also concerned about the mandatory time to bring an action to trial.  The court is aware that for a considerable time the delay could be attributable to the defense rather than the plaintiff.  But the fact remains that the time is running.

The court will discuss all of this at the hearing.