Superior Court of California

County of Los Angeles

Department 50

YVONNE HANSON, Plaintiff, vs. RADIANCE HOSPICE, INC., et al., Defendants.	Case No.:	23STCV01820
	Hearing Date:	December 3, 2024
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: MOTIONS TO BE RELIEVED AS COUNSEL (2) PLAINTIFF’S MOTION TO VACATE ORDER COMPELLING ARBITRATION BASED ON STATUTORY WAIVER PURSUANT TO CAL. CIV. PROC. § 1281.97, AND REQUEST FOR SANCTIONS UNDER CAL. CIV. PROC. § 1281.99 IN THE AMOUNT OF $13,276.25

Cory J. King of Constangy, Brooks, Smith & Prophete, LLP (“Counsel”) moves to be relieved as counsel for Defendants Kent E. Chesley and Radiance Hospice, Inc. (jointly, “Defendants”).

In addition, Plaintiff Yvonne Hanson (“Plaintiff”) moves for an order “[v]acating the July 20, 2023 Order Compelling Arbitration…and for an award of sanctions against Defendants RADIANCE HOSPICE, INC. and KENT E. CHESLEY (‘Defendants’), CONSTANGY, BROOKS, SMITH & PROPHETE, LLP, and Defendants’ counsel of record, Cory J. King, of jointly and severally, in the amount of $13,276.25.”

The Court notes that on April 26, 2024, a Notice of Stay of Proceedings was filed in this action. The Notice indicates that this case is stayed with regard to Defendants due to the filing of a bankruptcy case. The “Notice of Bankruptcy Case Filing” attached to the April 26, 2024 Notice of Stay of Proceedings indicates that a “[a] bankruptcy case concerning the debtor(s) listed below was filed under Chapter 7 of the United States Bankruptcy Code…” The Court notes that “[t]he filing of a voluntary chapter 7 bankruptcy petition operates as a stay, applicable to all entities, of…(1) the commencement or continuation…of a judicial…action or proceeding against the debtor. The automatic stay is self-executing and is effective upon filing the bankruptcy petition.” ((Higgins v. Superior Court (2017) 15 Cal.App.5th 973, 979 [internal quotations, citations, and emphasis omitted]); (see 11 U.S.C. § 362, subd. (a)(1).)

In light of the foregoing, the Court continues the hearings on Counsel’s motions to be relieved as counsel to __________________, at 10:00 a.m. in Dept. 50 for resetting purposes.

In addition, the Court continues the hearing on Plaintiff’s motion to vacate order compelling arbitration to __________________, at 10:00 a.m. in Dept. 50 for resetting purposes.

Plaintiff is ordered to give notice of this order.

DATED: December 3, 2024 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court