Judge: Robert B. Broadbelt, Case: 19STCV38419, Date: 2022-09-12 Tentative Ruling

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Case Number: 19STCV38419    Hearing Date: September 12, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:             Cross-Defendants John Lawrence Seitz, Maria Leticia Vallecillo, and Frank Viteri

RESPONDING PARTY:       Cross-Complainant Neilia LaVelle Philanthropies

Cross-Defendants’ Demurrer to Cross-Complaint

On February 3, 2022, cross-defendants John Lawrence Seitz, Maria Leticia Vallecillo, and Frank Viteri filed the pending demurrer or, in the alternative, motion for judgment on the pleadings, to the Cross-Complaint filed by cross-complainant Neilia LaVelle Philanthropies (“NLP”).

On June 6, 2022, NLP filed a motion to compel arbitration, moving the court for an order (1) submitting all matters alleged in the underlying complaint and its Cross-Complaint to binding arbitration, and (2) staying the action pending the issuance of an arbitration award.

Code of Civil Procedure section 1281.4 provides that, if an application has been made for an order to arbitrate a controversy and such application is underdetermined, the court shall, upon motion of a party to such action, stay the action or proceeding until the application for an order to arbitrate is determined.  (Code Civ. Proc., § 1281.4.)  If an application for an order to arbitrate is granted, and arbitration is ordered, the court shall stay the proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.  (Ibid.) 

The court interprets NLP’s request that the court stay this action pending the issuance of an arbitration award to also constitute a request to stay this action pending the determination of its motion to compel arbitration.  Moreover, the court finds that imposing a stay of this action until the determination of NLP’s motion to compel arbitration serves the interests of justice and judicial efficiency.  (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489 [“Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency”].)

The court therefore orders that the hearing on the demurrer or, in the alternative, motion for judgment on the pleadings, to the Cross-Complaint filed by cross-defendants John Lawrence Seitz, Maria Leticia Vallecillo, and Frank Viteri on February 3, 2022 is continued to December 7, 2022, at 10:00 a.m., in Department 53.

The court orders that this action is stayed until NPL’s motion to compel arbitration is determined. 

The court orders cross-defendants John Lawrence Seitz, Maria Leticia Vallecillo, and Frank Viteri to give notice of this order.

DATED:  September 12, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court