Judge: Stephen I. Goorvitch, Case: 20STCV12113, Date: 2023-03-29 Tentative Ruling

Case Number: 20STCV12113    Hearing Date: March 29, 2023    Dept: 39

Joaquin Del Cid Jr. v. Jonathan Club, Case No. 20STCV12113

THIS MATTER IS BEING CONTINUED 

Plaintiff filed an ex parte application to appoint an arbitrator in this matter.  Previously, on September 12, 2022, the Court granted Defendant’s motion to compel arbitration of Plaintiff’s individual PAGA claim and stayed the remainder of the case.  (See Court’s Minute Order, dated September 12, 2022.)  Based upon a clear error in the minute order—which was contrary to the Court’s ruling, having been automatically generated by the Court’s computer system—Defendant’s counsel took the nonsensical position that the entire case was stayed in perpetuity and refused to cooperate in scheduling the arbitration that Defendant sought.  Inexplicably, Defendant’s counsel required Plaintiff’s counsel to file an ex parte application to correct the minute order, which the Court granted.  (See Court’s Minute Order, dated January 26, 2023.)  Now, Plaintiff’s counsel has represented that the parties cannot select an arbitration. 

There is no exigency in this matter, and the Court is currently presiding over a jury trial in the second oldest case on its docket.  Therefore, the Court advances and continues the hearing date from March 29, 2023, to April 11, 2023, at 8:30 a.m.  The Court orders the parties each to submit a list of at least five proposed arbitrators in the event the Court grants the application. The lists shall be filed on or before April 5, 2023.  If the Court grants the application, the Court will propose a list of five arbitrators from the lists of names provided by the parties, per Code of Civil Procedure section 1281.6.  Any party who fails to submit a list of five proposed arbitrators shall waive the right to propose arbitrators in this matter.   

The Court’s clerk shall provide notice.