Judge: Mark H. Epstein, Case: 23SMCV00431, Date: 2024-04-11 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: 23SMCV00431    Hearing Date: April 11, 2024    Dept: I

The court is informed that, in a related case (in a practical sense, not a technical one), the parties have reached a global settlement.  That case includes a class action claim, so court approval of the settlement is required.  The court is not sure what to make of this.  If the point is that plaintiff here is opting out of the class action, then the court will inquire as to the effect such a decision has.  Plainly, the motion to compel arbitration should be granted as to plaintiff’s individual claims.  What the court does not know is whether defendant contends that the settlement also resolves the PAGA claims.  If plaintiff is not opting out, then, of course, there is nothing to arbitrate.

It appears that defendant is contending that the PAGA case NOT be stayed pending arbitration, if there is one.  Plaintiff does want a stay.

This is somewhat topsy-turvy.  Usually, it is the defendant moving to compel arbitration and stay the case.  Here, it is plaintiff’s motion and defendant does NOT want a stay. 

The court will discuss the matter with counsel.  It could be that the defense is essentially conceding standing, in which case the court is unlikely to stay the matter but would order plaintiff’s individual claim (if plaintiff is opting out of the class) to be arbitrated.  But the court might be missing the point.