Judge: William Y. Wood, Case: 37-2022-00034714-CU-BC-NC, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 16, 2024

05/17/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00034714-CU-BC-NC SOLORZANO VS INFINITY ENERGY INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 03/11/2024

Defendants Regan George and Courtney Jones and defendant/cross-defendant Sol Nova Electric, LLC's motion to stay proceedings (ROA # 186) is denied. Defendant Sunnova Energy Corporation request for joinder dated March 25, 2024 (ROA # 173) is granted.

These parties move to stay this action pursuant to CCP § 1281.4 pending the outcome of arbitration on the basis that Judge Dahlquist's ruling denying a motion to compel arbitration is pending with the appellate court (July 3, 2023).

CCP § 1281.4 provides as follows: If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.

If an application has been made to a court of competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an action or proceeding pending before a court of this State and such application is undetermined, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until the application for an order to arbitrate is determined and, if arbitration of such controversy is ordered, until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies.

If the issue which is the controversy subject to arbitration is severable, the stay may be with respect to that issue only.

The Court finds that this section is not applicable in this case because: (1) Judge Dahlquist did not order arbitration of a controversy; and (2) there is no pending application to arbitrate a controversy with the trial court. Rather, this case involves the appeal of an order denying defendants' motion to compel arbitration. In such a case where a petition for arbitration has been denied and later appealed, the Court is persuaded that it retains its usual discretion to stay the proceedings in the interests of justice. See St.

Paul Fire & Marine Ins. Co. v. Amerisourcebergen Corp. (2022) 80 CA5th 1, 13-14, 295 CR3d 400, 409-410-trial courts have inherent power to stay proceedings in interests of justice and to promote judicial efficiency].

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3110321 CASE NUMBER: CASE TITLE:  SOLORZANO VS INFINITY ENERGY INC [IMAGED]  37-2022-00034714-CU-BC-NC In this case, the Court exercises its discretion and chooses not to stay this matter pending the appeal based on the age of the plaintiffs and the hardship plaintiffs will likely suffer if resolution of this case takes several years.

Therefore, defendants' motion to stay this case pending the outcome of the appeal is denied.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, May 17, 2024. If no party appears at the hearing, this tentative ruling will become the order of the Court as of May 17, 2024. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

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3110321