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This case was last updated from Los Angeles County Superior Courts on 04/04/2021 at 08:11:33 (UTC).

DIRECTORS GUILD OF AMERICA, INC. VS THE OTHER FILM, LLC, ET AL.

Case Summary

On 10/29/2020 DIRECTORS GUILD OF AMERICA, INC filed an Other - Arbitration lawsuit against THE OTHER FILM, LLC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3565

  • Filing Date:

    10/29/2020

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

DIRECTORS GUILD OF AMERICA INC.

Respondents

THE OTHER FILM LLC

MINDS I CINEMA LLC

Attorney/Law Firm Details

Petitioner Attorney

KIM MICHELLE

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

2/3/2021: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

3/4/2021: Minute Order - Minute Order (Hearing on Petition Petition to Confirm Arbitration Award)

Judgment - Judgment Proposed

3/4/2021: Judgment - Judgment Proposed

Notice of Ruling - Notice of Ruling

3/4/2021: Notice of Ruling - Notice of Ruling

Notice (name extension) - Notice of Entry of Judgment

3/4/2021: Notice (name extension) - Notice of Entry of Judgment

Notice (name extension) - Notice of Hearing on Petition to Confirm Arbitration Award

11/25/2020: Notice (name extension) - Notice of Hearing on Petition to Confirm Arbitration Award

First Amended Standing Order - First Amended Standing Order

10/29/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

10/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

10/29/2020: Petition to Confirm Arbitration Award - Petition to Confirm Arbitration Award

Civil Case Cover Sheet - Civil Case Cover Sheet

10/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10/29/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

10/29/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 03/04/2021
  • DocketJudgment Proposed; Signed and Filed by: Directors Guild of America, Inc. (Petitioner); As to: The Other Film, LLC (Respondent); MINDS I CINEMA, LLC (Respondent)

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  • 03/04/2021
  • DocketCourt orders judgment entered for Petitioner Directors Guild of America, Inc. against Respondent The Other Film, LLC and Respondent MINDS I CINEMA, LLC on the Petition filed by Directors Guild of America, Inc. on 10/29/2020 for the principal amount of $8,744.28 and interest of $1,891.23 for a total of $10,635.51. Cost to be determined per filing of Memorandum of Costs.

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  • 03/04/2021
  • DocketNotice of Ruling; Filed by: Directors Guild of America, Inc. (Petitioner)

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  • 03/04/2021
  • DocketNotice of Entry of Judgment; Filed by: Directors Guild of America, Inc. (Petitioner); As to: The Other Film, LLC (Respondent); MINDS I CINEMA, LLC (Respondent)

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  • 03/04/2021
  • DocketMinute Order (Hearing on Petition Petition to Confirm Arbitration Award)

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  • 03/04/2021
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/04/2021 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/04/2021; Result Type to Held

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  • 03/04/2021
  • DocketUpdated -- Petition to Confirm Arbitration Award: Filed By: Directors Guild of America, Inc. (Petitioner); Result: Granted; Result Date: 03/04/2021

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  • 02/03/2021
  • DocketProof of Service by Mail; Filed by: Directors Guild of America, Inc. (Petitioner); As to: The Other Film, LLC (Respondent); MINDS I CINEMA, LLC (Respondent)

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  • 11/25/2020
  • DocketNotice of Hearing on Petition to Confirm Arbitration Award; Filed by: Directors Guild of America, Inc. (Petitioner); As to: The Other Film, LLC (Respondent); MINDS I CINEMA, LLC (Respondent)

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  • 10/29/2020
  • DocketPetition to Confirm Arbitration Award; Filed by: Directors Guild of America, Inc. (Petitioner); As to: The Other Film, LLC (Respondent); MINDS I CINEMA, LLC (Respondent)

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  • 10/29/2020
  • DocketCivil Case Cover Sheet; Filed by: Directors Guild of America, Inc. (Petitioner); As to: The Other Film, LLC (Respondent); MINDS I CINEMA, LLC (Respondent)

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  • 10/29/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 10/29/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/29/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/29/2020
  • DocketHearing on Petition Petition to Confirm Arbitration Award scheduled for 03/04/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/29/2020
  • DocketCivil Case Cover Sheet; Filed by: Directors Guild of America, Inc. (Petitioner)

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  • 10/29/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03565    Hearing Date: March 04, 2021    Dept: 26


Case Number: 20STLC07597    Hearing Date: March 04, 2021    Dept: 26

Garcia v. Paula Goldstein, et al.

MOTION FOR STAY OF PROCEEDINGS

(case law)

TENTATIVE RULING:

Defendants Paula Goldstein and Dan’s Liquor, Inc.’s Motion for Stay or Dismissal of Proceedings is DENIED.

ANALYSIS:

Plaintiff Orlando Garcia (“Plaintiff”) filed the instant action for discrimination on the basis of disability in violation of the Unruh Civil Rights Act against Defendants Paula Goldstein and Dan’s Liquor, Inc. (“Defendants”) on September 8, 2020.

Defendants filed the instant Motion for Stay or Dismissal of Proceedings (erroneously reserved and filed as a “Demurrer”) on January 6, 2021. To date, no opposition has been filed.

Discussion

Defendants move for a stay or dismissal of this action on the grounds that Plaintiff has a concurrently pending federal action based on the same operative facts as the instant action. The Complaint alleges that “Plaintiff originally filed his case in federal court on June 26, 2020. Subsequent to filing the federal case, the court dismissed the state claim on July 31, 2020 without prejudice. The Unruh Civil Rights Act claim was not resolved because the court did not exercise supplemental jurisdiction. The

plaintiff now files his state claim in state court.” (Compl., ¶7.) Defendants do not dispute this allegation in the Complaint that Plaintiff’s state law claim in the federal case was dismissed without reaching the merits.

The Motion fails to attach a copy of the complaint in the federal action for the Court’s review. Taking as true that the instant action is based on the same factual basis as the federal action, the Court does not find that any potential conflict exists regarding the actions. The federal action is brought to determine whether the facts give rise to a violation of federal law; the instant action is brought to determine whether the facts give rise to a violation of California law.

The cases on which Defendants rely—without even offering page citations to guide the Court—are distinct from the posture of this action. In Jones v. Whisenand (2017) 8 Cal.App.5th 543, 559, the Court of Appeals found it appropriate to stay a criminal action because the plaintiff filed a civil suit challenging the validity of an anticipated future conviction. (Jones v. Whisenand (2017) 8 Cal.App.5th 543.) In Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 881-882, the issue was whether “a corporation that is a defendant in related criminal and civil actions may obtain a stay of discovery in the civil action while the criminal action is pending” due to potential incriminating admissions the defendant might make in the civil action. (Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876.) Defendant has not shown how resolution of the merits of the federal action will affect the merits of this case.

Nor have Defendants demonstrated that case law involving concurrent jurisdiction is applicable to the cases brought by Plaintiff. The injury is this action is based on a California state law, the Unruh Civil Rights Act. The injury in the federal action is allegedly no longer based on the Unruh Civil Rights Act. Therefore, Defendants have not demonstrated that a stay or dismissal or the instant action is warranted or required.

Conclusion

Defendants Paula Goldstein and Dan’s Liquor, Inc.’s Motion for Stay or Dismissal of Proceedings is DENIED.

Court clerk to give notice.

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