Judge: Stephen I. Goorvitch, Case: 22STCV35503, Date: 2023-02-21 Tentative Ruling

Case Number: 22STCV35503    Hearing Date: February 21, 2023    Dept: 39

Lincharde Smith Coyne v. American Honda Motor Company, Inc., Case No. 22STCV35503

Plaintiff filed this action under the Song-Beverly Consumer Warranty Act on November 8, 2022.  Defendant filed a motion to compel arbitration on February 16, 2023, which is noticed for hearing on June 20, 2023.  Now, Defendant seeks a stay under Code of Civil Procedure section 1281.4, which states that the Court “shall” stay a case pending such a motion.  The Court has no discretion but to grant Defendant’s ex parte application.  The Court has reviewed the opposition but disagrees with Plaintiff’s contention that the outstanding discovery could be severed.  That would defeat the purpose of section 1281.4, which is that the issue of arbitrability should be resolved before discovery.  To the extent the Court has discretion, the Court exercises its discretion in favor of a stay pending the motion to compel arbitration. 

Based upon the foregoing, the Court grants Defendant’s ex parte application and orders that this case, including all discovery, shall be stayed pending the Court’s decision on the motion to compel arbitration.  The stay shall automatically be lifted without a further order of the Court once the Court decides that motion.  Defendant’s counsel shall provide notice and file proof of such with the Court.