Judge: Robert C. Longstreth, Case: 37-2023-00001192-CU-PO-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00001192-CU-PO-CTL CHARLES VS TWITCH INTERACTIVE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/03/2023

As a preliminary matter, the court notes its calendar reflects that Defendant Kairos Media Limited's motion to compel arbitration is set for hearing on December 8, 2023. After review of the court's docket, the court believes this was a clerical error made during the September 28, 2023 hearing, and that Defendant Lenovo (United States) Inc.'s motion to stay proceedings should be on calendar for December 8, 2023.

Accordingly, the court intends to hear Lenovo's motion to stay proceedings (ROA 129) on December 8, 2023, which the court understands was specially set during the September 28, 2023 ex parte hearing, but was mistakenly never calendared by the court.

In addition, the court orders Defendant Kairos Media Limited's Motion to Compel Arbitration and Stay Proceedings (ROA 65), which was mistakenly advanced to December 1, 2023, CONTINUED to March 1, 2024 at 8:30 a.m., which is several weeks before the date for which the motion was originally calendared.

Defendant Lenovo (United States), Inc.'s Motion to Stay This Matter While Defendant Kairos Media Limited's Motion to Compel Arbitration is Pending (ROA 129) is GRANTED IN PART. (ROA 129.) As between Plaintiff and Defendant Kairos Media Limited, the court finds a stay of the litigation is both mandatory and appropriate in light of Kairos' pending and unresolved motion to compel arbitration.

(Code Civ. Proc. § 1281.4.) The court has discretion as to whether to order a total or partial stay of the litigation. 'If the issue which is the controversy subject to arbitration is severable, the stay may be with respect to that issue only.' (Code Civ. Proc. § 1281.4.) As between all other parties, the court considers the issues severable, and finds the litigation may otherwise proceed as to written discovery involving those parties. The court finds that there is no risk of inconsistent findings or other prejudice with respect to such matters. As to depositions, the Court believes it would be prejudicial to Kairos and a potential waste of resources if those proceed while proceedings are stayed as to Kairos. Accordingly, the court orders a partial stay of discovery: no depositions may proceed while the motion to compel arbitration is pending and unresolved. Since a trial date has not been set, there is no risk of inconsistent findings on the merits being made between now and March, and therefore no basis to stay the proceedings as to parties other than Kairos on this ground.

The court will revisit the need for a stay after it decides Kairos' motion to compel arbitration.

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3041710  1 CASE NUMBER: CASE TITLE:  CHARLES VS TWITCH INTERACTIVE INC [IMAGED]  37-2023-00001192-CU-PO-CTL Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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3041710  1