Judge: Robert B. Broadbelt, Case: 24STCV08174, Date: 2024-10-14 Tentative Ruling

Case Number: 24STCV08174    Hearing Date: October 14, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Defendants Elevance Health Inc., The Elevance Health Companies, Inc., and Blue Cross of California

RESPONDING PARTY:       Plaintiff Nicholas Harris

Motion to Stay

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Defendants Elevance Health Inc., The Elevance Health Companies, Inc., and Blue Cross of California (“Defendants”) move the court for an order staying this action, filed by plaintiff Nicholas Harris (“Plaintiff”), until the court rules on Defendants’ motion to compel arbitration. 

“If an application has been made to a court of competent jurisdiction, whether in this State or not, 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 and, if arbitration of such controversy is ordered, until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.”  (Code Civ. Proc., § 1281.4.)  Section 1281.4 “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.)

Defendants filed a motion to compel Plaintiff to arbitrate this action on September 16, 2024.  (Def. Not. of Mot. to Compel Arb., p. 1:2-9.)  The court has not ruled on Defendants’ motion, which is set for hearing on May 12, 2025.  The court therefore grants Defendants’ request that the court stay this action until their motion to compel arbitration is determined.  (Code Civ. Proc., § 1281.4; Twentieth Century Fox Film Corp., supra, 79 Cal.App.4th at p. 192.)

The court notes that Plaintiff has filed a limited opposition to this motion, requesting that the court permit limited discovery regarding the existence and enforceability of the arbitration agreement that is the basis of Defendants’ motion.  The court, however, finds that this request would be more appropriately addressed in connection with a noticed motion in order to provide Defendants with sufficient time to oppose or respond to that request.  The court therefore denies Plaintiff’s request for an order allowing him to conduct limited arbitration-related discovery, without prejudice to Plaintiff’s filing a noticed motion requesting that relief.

ORDER

            The court grants defendants Elevance Health Inc., The Elevance Health Companies, Inc., and Blue Cross of California’s motion to stay.

            The court orders that this action is stayed until defendants Elevance Health Inc., The Elevance Health Companies, Inc., and Blue Cross of California’s motion to compel arbitration is determined.

            The court orders defendants Elevance Health Inc., The Elevance Health Companies, Inc., and Blue Cross of California to give notice of this ruling.

IT IS SO ORDERED.

DATED:  October 14, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court