Judge: Stephen I. Goorvitch, Case: BC669388, Date: 2023-05-04 Tentative Ruling

Case Number: BC669388    Hearing Date: May 4, 2023    Dept: 39

Daniel Burgos v. Sage Downtown, Inc., et al.

Case No. BC669388

Minute Order

            Plaintiff filed this representative action under the California Private Attorneys General Act of 2004 (“PAGA”) on July 25, 2017.  A separate action (Leonard Schrage v. Michael Schrage, et al., Case No. BC579623) was filed on March 12, 2019, to wind up and dissolve the corporate defendant, Sage Downtown, Inc.  Accordingly, on January 21, 2020, the Court (Feffer, J.) stayed the instant case pending resolution of the claims process in Case Number BC579623.

            The Court has reviewed the parties’ joint statement.  Plaintiff requests that the Court lift the stay imposed by Judge Feffer and set this case for trial, given the delays in the claims process.  Plaintiff’s counsel provides no good cause to do so, and the Court agrees with the arguments and citations in Defendants’ response to this request.  Therefore, Plaintiff’s request to lift the stay is denied. 

            Defendants request that the Court dismiss this case because Plaintiff filed a claim with the court handling the receivership proceedings.  Defendants’ counsel argues that “[a]ny claim not resolved by the receivership can be resolved through arbitration.”  The Court is unwilling to resolve dispositive issues absent a noticed motion citing proper legal authority.  Therefore, Defendants’ request is denied without prejudice to Defendants filing a motion to dismiss and/or a motion to compel arbitration if there is good cause to do so.

            Based upon the foregoing, the Court maintains the stay and continues the OSC re: Dismissal to December 6, 2023, at 8:30 a.m.  The stay shall not preclude Defendants’ counsel from filing a motion to dismiss and/or a motion to compel arbitration.  The Court’s clerk shall provide notice.