Judge: Teresa A. Beaudet, Case: 22STCV11561, Date: 2022-10-06 Tentative Ruling
Case Number: 22STCV11561 Hearing Date: October 6, 2022 Dept: 50
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LARISSA CORTEZ, Plaintiff, vs. MICHAELS STORES INC & SUBS, et al., Defendants. |
Case No.: |
22STCV11561 |
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Hearing Date: |
October 6, 2022 |
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Hearing Time: |
2:00 p.m. |
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[TENTATIVE]
ORDER RE: MOTION TO COMPEL
ARBITRATION AND STAY CIVIL PROCEEDINGS |
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The motion brought by Defendant Michaels
Stores, Inc. (“Defendant”) for an order (1)
compelling arbitration of Plaintiff Larissa Cortez’s (“Plaintiff”) claims in
accordance with the terms of the parties’ written mutual agreement to
arbitrate; and (2) staying this action pending completion of the arbitration of
Plaintiff’s claims is continued as set forth below.
The parties have interposed 38 evidentiary objections, with Plaintiff
interposing 34 evidentiary objections. Due to the
voluminous number of objections, the hearing on the motion will be
continued to a date that will be set at the Hearing on Objections discussed
below.
The
Court orders the parties to meet and confer by telephone or in person in a
serious and good faith effort to resolve and eliminate the objections. The only
objections that should remain are those that pertain to material evidence regarding material issues. Keeping the rules of evidence in mind, the
parties should be able to reduce the objections to just a few. If any material objections remain
unresolved, the parties are to set them forth in a joint statement with the
text, the objection, and the argument of each side in favor of their respective
positions regarding the remaining material objections, along with a space for a
ruling.
The joint statement must be filed on or before _______ with a
courtesy copy delivered to Department 50. The Court will review any
remaining objections with the parties at a hearing on _______________ at 10:00 a.m. (the “Hearing on Objections”). The date
for the hearing on the motion will be set at the Hearing on Objections.
If necessary, based upon the resolutions
reached during the meet and confer process and/or at the Hearing on Objections,
the parties may respectively file and serve revised briefing and evidence. The
revised evidence may eliminate objectionable material; however, no new evidence or new argument is to be
submitted unless it is as a result of compromises reached during the meet and
confer process. In the event that revised briefing and evidence is
necessary, the Court will discuss with the parties a briefing schedule for the
revised briefing at the Hearing on Objections.
Defendant is ordered to give notice of this
Order.
DATED:
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Hon.
Teresa A. Beaudet
Judge,
Los Angeles Superior Court