Judge: Stephen I. Goorvitch, Case: 23STCV21002, Date: 2024-02-21 Tentative Ruling

Case Number: 23STCV21002    Hearing Date: March 15, 2024    Dept: 39

Daniel A. Burgoyne v. Rolling Hills Covenant Church, et al.

Case No. 23STCV21002

Motion to Compel Arbitration

Special Motion to Dismiss

THIS HEARING IS BEING CONTINUED.

THE PARTIES SHOULD NOT APPEAR TODAY.

            Plaintiff Daniel A. Burgoyne (“Plaintiff”) filed this action against his employer, the Rolling Hills Covenant Church, and certain officials (collectively, “Defendants”) asserting causes of action under the Labor Code, as well as claims for breach of contract, breach of the implied covenant of good faith and fair dealing, intentional infliction of emotional distress, wrongful termination, and defamation.  Defendants now move to compel arbitration, which Plaintiff opposes.

            Both parties have requested an evidentiary hearing on the motion.  (See Plaintiff’s Request to Present Oral Testimony, dated February 6, 2024; Defendants’ Sur-Reply, date March 8, 2024.)  The Court believes that an evidentiary hearing is necessary in order to assess the credibility of the witnesses.  Therefore, the Court orders as follows:

            1.         The Court advances and vacates the hearing on Defendants’ motion to compel arbitration (currently set for March 15, 2024). 

            2.         The Court advances and vacates the hearing on Defendants’ Anti-SLAPP motion (currently set for April 19, 2024).

            3.         The Court orders an evidentiary hearing on the motion to compel arbitration so that the Court may assess the witnesses’ credibility.

            4.         The Court shall hold a motions setting conference on May 13, 2024, at 8:30 a.m.  The Court will schedule the evidentiary hearing/motion to compel arbitration and the hearing on the Anti-SLAPP motion at that time. 

            5.         The Court’s clerk shall provide notice.