Judge Serena R. Murillo, Case Number: 22STCV25765, Date: 2023-09-18 Tentative Ruling

Judge: Serena R. Murillo, Case: 22STCV25765, Date: 2023-09-18 Tentative Ruling

Case Number: 22STCV25765 Hearing Date: October 26, 2023 Dept: 31

TENTATIVE

Defendants’ unopposed motion for stay of proceedings is GRANTED.

Request for Judicial Notice

Defendants’ request judicial notice of this Court’s order granting arbitration between Plaintiff and Defendant Beverly Hills Rehabilitation Centre LLC.

The request is GRANTED pursuant to Evidence Code section 452(d).

Legal Standard

Code of Civil Procedure section 1281.4 provides:

“If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, 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 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.)

The clear language of section 1281.4 compels the conclusion that any party to a judicial proceeding, whether a party to an arbitration agreement or not, is entitled to a stay of those proceedings whenever (1) the arbitration of a controversy has been ordered, and (2) that controversy is also an issue involved in the pending judicial action. It is irrelevant under the statute whether the movant is a party to the arbitration agreement. As stated in Cook v. Superior Court, 240 Cal.App.2d 880, 885, “Code of Civil Procedure section 1281.4 seems broad enough to vest the court with authority to stay ‘the action or proceeding’ as to all issues, as to all causes of action, and as to all parties, until arbitration is concluded . . . .” (Marcus v. Superior Court (1977) 75 Cal.App.3d 204, 209.)

Discussion

The Kaiser Defendants move for a stay of the proceedings pending arbitration of Plaintiff’s claims against Defendant Beverly Hills Rehabilitation Centre LLC. The Kaiser Defendants were not a party to that arbitration agreement.

On February 24, 2023, this Court granted Defendant Beverly Hills Rehabilitation Centre LLC’s motion to compel Plaintiffs to submit to arbitration. Plaintiff is alleging elder abuse against all Defendants.

As such, Defendants’ unopposed motion for stay of proceedings is GRANTED. An OSC re: status of arbitration is scheduled for April 18, 2024 at 9:00 a.m. Defendant to file a Status Report re: arbitration at least five court days before the next hearing.

Moving party to give notice.

Moving party is ordered to give notice.