Cathay Bank v. Superior Court of Los Angeles County et al.

DispositionDescription: Petition denied or dismissed after order to show cause issued.; Disposition Type: Final; Author: Baker, Lamar W.; Participants: Moor, Carl H. Rubin, Laurence D.

DocketDescription: Case complete.

DocketDescription: Petition denied or dismissed after order to show cause issued.; Notes: By way of an order filed June 28, 2022, the respondent court complied with the alternative writ of mandate issued June 3, 2022. Accordingly, the alternative writ is discharged, this court's previously entered stay of proceedings is dissolved, and the petition for writ of mandate, filed May 10,2022, is dismissed as moot. No costs are awarded in this proceeding.

DocketDescription: Reply filed to:; Notes: Reply to the alternative writ issued June 3, 2022.

DocketDescription: Written return filed.; Notes: re order dated June 3, 2022

DocketDescription: Alternative writ or OSC issued.; Notes: The court has read and considered the petition for writ of mandate filed May 10, 2022. The court tentatively concludes as follows. No court has yet held or deemed the jury trial waiver provision in the parties' contract to be unenforceable on an estoppel theory or otherwise. Absent such a determination of unenforceability, denial of petitioner's motion to appoint a judicial referee was necessarily premature because the key condition precedent, a holding of unenforceability, has not occurred. Therefore, after hearing the parties' positions on the matter pursuant to Brown, Winfield & Canzoneri v. Superior Court (2010) 47 Cal.4th 1233, 1250, footnote 10, you are ordered to either: (a) Vacate your March 30, 2022, order, and enter a new and different order determining whether the contractual jury trial waiver is unenforceable, and if so, whether petitioner's motion to appoint a judicial referee should be granted; or (b) Show cause before this court in its courtroom at 300 South Spring Street, Los Angeles, California 90013, on September 6, 2022, why a peremptory writ ordering you to do so should not issue. The return to the petition shall be filed on or before July 1, 2022. Any reply to the return shall be filed on or before July 29, 2022. If you comply with this writ by selecting alternative (a) above, you are directed to provide this court with a copy of your minute order setting forth such compliance. Petitioners shall also provide this court with a copy of any such minute order upon receipt.

DocketDescription: Exhibits filed in support of:; Notes: Three volumes of exhibits.

DocketDescription: Filed petition for writ of:; Notes: Mandate.