Judge: Robert B. Broadbelt, Case: 21STCV15450, Date: 2023-01-26 Tentative Ruling
Case Number: 21STCV15450 Hearing Date: January 26, 2023 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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January
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[Tentative]
Order RE: plaintiff’s motion to compel further
responses to request for production of documents |
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MOVING PARTY: Plaintiff Jose Vega
RESPONDING PARTY: Defendant Nissan North America, Inc.
Motion to Compel Further Responses to Request for Production of
Documents
Plaintiff Jose
Vega (“Plaintiff”) filed the pending motion to compel further responses to
request for production of documents on June 1, 2022, moving the court for an
order compelling defendant Nissan North America, Inc. (“Defendant”) to provide
further responses to various demands for production.
On January 24,
2023, Defendant filed a motion to compel arbitration and stay proceedings,
requesting that the court issue an order (1) compelling Plaintiff to arbitrate
all the claims asserted in the Complaint, and (2) staying this action.
“If an application
has been made to a court of competent jurisdiction…for an order to arbitrate a
controversy which is an issue involved in an action or proceeding pending
before a court of this State and such application is undetermined, the court in
which such action or proceeding is pending shall, upon motion of a party to
such action or proceeding, stay the action or proceeding until the application for
an order to arbitrate is determined….”
(Code Civ. Proc., § 1281.4.) “This
statute is clear and unambiguous: it requires that the trial court stay an
action pending before it while an application to arbitrate the subject matter
of the action is pending in a court of competent jurisdiction.” (Twentieth Century Fox Film Corp. v.
Superior Court (2000) 79 Cal.App.4th 188, 192.)
In its motion to
compel arbitration, Defendant requests the court “order a stay of the
proceedings while the application to arbitrate is pending and through the
conclusion of arbitration.” (Mot., p.
14:22-23.) The court grants Defendant’s
request to stay proceedings until the court rules on its motion to compel
arbitration. (Code Civ. Proc.,
§ 1281.4; Twentieth Century Fox Film Corp, supra, 79
Cal.App.4th at p. 192.)
Pursuant to Code
of Civil Procedure section 1281.4, the court orders that this action is stayed
until defendant Nissan North America, Inc.’s motion to compel arbitration and
stay action is determined.
The court orders
that plaintiff Jose Vega’s motion to compel further responses to request for
production of documents is continued to May 30, 2023, at 10:00 a.m.
The court orders
defendant Nissan North America, Inc. to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court