Judge: Shirley K. Watkins, Case: 21VECV00527, Date: 2023-01-13 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 21VECV00527    Hearing Date: January 13, 2023    Dept: T

Tentative ruling-Motion to compel arbitration

Martin v. Apartment ManagementCase No. 21VECV00527

On the Motion to Compel Arbitration: Pursuant to CRC 3.650., on its own motion, the court stays this action in its entirety in light of Adolph v Uber Technologies (Case No. G059860), pending before the California Supreme Court. The Supreme Court has stated that the issue before it is “[w]hether an aggrieved employee who has been compelled to arbitrate claims under the Private Attorneys General Act (PAGA) that are ‘premised on Labor Code violations actually sustained by’ the aggrieved employee [citation] maintains statutory standing to pursue ‘PAGA claims arising out of events involving other employees’ ... in court or in any other forum the parties agree is suitable.” As that decision will materially affect the instant action, the court finds that the interests of justice require this action to be stayed pending that decision.

On the Request for Judicial Notice by plaintiff filed 12/30/2022:  The court grants judicial notice of Exhibits A-D to the extent these documents exist.  However, the court finds the documents to be irrelevant to the court’s decision in this case.  Decisions by a court of equal jurisdiction have no binding effect.  The court, therefore, disregards them.  The court grants judicial notice of Exhibit E, the Supreme Court’s Docket in Adolph.

Case Management Conference is set for 5/26/2023 at 8:30 a.m. in Dept. T.  Case is stayed through 5/26/2023 at 8:30 a.m.

Clerk to give notice.