Judge: Robert B. Broadbelt, Case: 22STCV00532, Date: 2022-10-25 Tentative Ruling

Case Number: 22STCV00532    Hearing Date: October 25, 2022    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Citiguard, Inc.

RESPONDING PARTY:       Plaintiff Tennia Taylor

(1)   Demurrer to Complaint

(2)   Motion to Strike Portions of Complaint

MOVING PARTY:                 Defendant Memorial Hospital of Gardena    

RESPONDING PARTY:        Plaintiff Tennia Taylor

(3)   Demurrer to Complaint

BACKGROUND

Plaintiff Tennia Taylor (“Plaintiff”) filed this action against defendants Memorial Hospital of Gardena (“Memorial Hospital”) and Citiguard, Inc. (“Citiguard”) on January 6, 2022, alleging five causes of action for (1) constructive discharge in violation of public policy, (2) intentional infliction of emotional distress, (3) retaliation, (4) failure to pay wages, and (5) waiting time penalties.

Now pending before the court are the following: (1) demurrer and motion to strike directed to Plaintiff’s Complaint, filed by Citiguard on March 17, 2022, and (2) demurrer to Plaintiff’s Complaint, filed by Memorial Hospital on April 19, 2022.

CITIGUARD’S DEMURRER AND MOTION TO STRIKE

Citiguard filed the pending demurrer and motion to strike portions of Plaintiff’s Complaint on April 19, 2022.  Thereafter, on September 6, 2022, Citiguard filed a motion to compel arbitration, requesting that the court issue an order (1) compelling Plaintiff to submit all claims to binding arbitration, and (2) staying the action pending completion of arbitration.

The court finds it appropriate to rule on Citiguard’s demurrer and motion to strike at the same time it rules on Citiguard’s motion to compel arbitration.

The court therefore continues the hearing on Citiguard’s demurrer and motion to strike to February 10, 2023.  The court advances the hearing on Citiguard’s motion to compel arbitration, which is currently set for July 12, 2023, to February 10, 2023.

MEMORIAL HOSPITAL’S DEMURRER

On October 10, 2022, Memorial Hospital filed a document entitled “Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay and Proceedings,” notifying the court that Pipeline Health Systems, LLC, and certain of its affiliates—including defendant Memorial Hospital—filed voluntary petitions under chapter 11 of title 11 of the Bankruptcy Code.  (Notice, Ex. A, p. 5.)  Memorial Hospital states that the cases are currently pending and are being jointly administered under the lead case In re Pipeline Health System, LLC.  

“Upon the filing of a bankruptcy proceeding, federal bankruptcy law imposes an automatic stay on all state and federal proceedings outside the bankruptcy court against the debtor and the debtor’s property.”  (Shaoxing County Huayue Import & Export v. Bhaumik (2011) 191 Cal.App.4th 1189, 1196; 11 U.S.C. § 362, subd. (a).)  The court therefore takes off calendar the hearing on the demurrer filed by Memorial Hospital on April 19, 2022, subject to being rescheduled if the automatic bankruptcy stay is lifted.

ORDER

            The court takes off calendar the demurrer filed by defendant Memorial Hospital of Gardena on April 19, 2022.

The court orders that the hearing on the demurrer and motion to strike filed by defendant Citiguard, Inc., set for October 25, 2022, is continued to February 10, 2023, at 10:00 a.m.

The court orders that the hearing on the motion to compel arbitration filed by defendant Citiguard, Inc., set for July 12, 2023, is advanced to February 10, 2023, at 10:00 a.m.

The court orders that the Case Management Conference is continued to February 10, 2023, at 10:00 a.m.

The court orders defendant Citiguard, Inc. to give notice of this order.

IT IS SO ORDERED.

DATED:  October 25, 2022

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court