Tentative ruling issued by Judge Michael J. Raphael on Mar. 20, 2017 in Los Angeles County, CA - Case no: xxxxx068

Background

This employment action involves allegations of race discrimination and related claims. On August 1, 2016, plaintiff filed a complaint against his former employer. On December 8, 2016, the Court denied defendant’s motion to compel arbitration. The same day, plaintiff filed this opposed motion for sanctions pursuant to Code of Civil Procedure section 128.7, arguing the arbitration motion was frivolous. On January 3, 2017 (the originally noticed hearing date) the Court continued the hearing to March 9, 2017 pursuant to the parties’ stipulation, which indicated that the parties were to mediate on February 24, 2017. On February 9, 2017, defendant filed a notice of appeal of the ruling denying its motion to compel arbitration. On February 17, 2017, the Court continued the hearing to the present date. The Court considered the moving and opposition papers, and DENIES the motion as follows.

Standard

Adequate notice and opportunity to be heard on a mo….....