Judge: Thomas D. Long, Case: 22STCV17803, Date: 2023-02-06 Tentative Ruling

Case Number: 22STCV17803    Hearing Date: February 6, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 31, 2022, Plaintiff Matthew Morgan filed this action against Defendants Ford Motor Company and Vista Ford (collectively, “Defendants”).

On January 12, 2023, Defendants filed a motion to stay the entire action.  On January 13, 2023, Defendants filed a motion to compel arbitration and stay the action.

Defendants request a stay of the entire action until their motion to compel arbitration is heard on April 6, 2023.  When a party moves for a stay until a pending motion to compel arbitration is determined, the Court must stay the action.  (Code Civ. Proc., § 1281.4.)  “This statute is clear and unambiguous: it requires that the trial court stay an action pending before it while an application to arbitrate the subject matter of the action is pending in a court of competent jurisdiction.”  (Twentieth Century Fox Film Corp. v. Superior Court (2000) 79 Cal.App.4th 188, 192.)

In opposition, Plaintiff argues that Defendants cannot seek a stay because they are not parties to the arbitration agreement.  (Opposition at p. 2.)  Plaintiff cites Leenay v. Superior Court (2022) 81 Cal.App.5th 553, which considered a trial court’s grant of a stay pending completion of arbitration.  It did not address the scenario here, seeking a stay pending the court’s decision on a pending motion to compel arbitration.  Plaintiff’s other cited authority similarly addresses the portion of Code of Civil Procedure section 1281.4 that governs a stay after an order to arbitrate—not the portion governing a stay until an application is heard.  (See Opposition at pp. 3-4.)

Plaintiff also argues that Defendant Ford has waived its right to arbitration.  (Opposition at pp. 4-5.)  That is irrelevant to this motion, which seeks a mandatory stay until the merits of the motion to compel arbitration is heard.

The motion to stay is GRANTED.  The entire action is stayed until the April 6, 2023 hearing on the motion to compel arbitration.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

         Dated this 6th day of February 2023