Judge: Maurice A. Leiter, Case: 23STCV20201, Date: 2024-01-03 Tentative Ruling

Case Number: 23STCV20201    Hearing Date: January 3, 2024    Dept: 54

Hearing Date: January 3, 2024

Department 54, Judge Maurice A. Leiter

Motion to Stay

Moving Party: Defendants Rushmyfile, Inc., et al.

Responding Party: None

T/R:      THE MOTION TO STAY IS GRANTED.

DEFEDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing. 

The Court considers the moving papers. No opposition has been received.

“Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.”  (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) 

Defendants move to stay the court proceedings pending arbitration before AAA. Defendants present the arbitration provision provided in the loan at issue in this action, which states that it is governed by the rules of AAA. Defendants assert that the agreement is self-executing, and Defendants may seek arbitration simply by initiating arbitration with the AAA without moving under CCP § 1281.2. Courts have held that arbitration provisions that incorporate specific rules of arbitration are “sufficiently comprehensive to be self-executing," allowing a party to proceed to arbitration without moving for arbitration by petition. (Tutti Mangia Italian Grill, Inc. v. Am. Textile Maint. Co. (2011) 197 Cal. App. 4th 733, 740.) Plaintiffs do not oppose this motion to show why the action should not be stayed.

Defendants’ motion is GRANTED.