KARA GOLDIN ET AL VS. HINT, INC., A CALIFORNIA CORPORATION ET AL
Case Information
Motion(s)
Notice Of Motion And Motion To Stay Defendants Claims
Motion Type Tags
Other
Parties
- Plaintiff: Kara Goldin
- Plaintiff: Theodore Goldin
- Plaintiff: Theodore Goldin and Kara Goldin 2002 Family Trust
- Defendant: Hint, Inc.
Ruling
Set for Law and Motion/Discovery Calendar on Monday, October 13, 2025, 2025, Line 8. PLAINTIFF KARA GOLDIN IN THEIR INDIVIDUAL CAPACITIES AND AS TRUSTEES OF THE THEODORE GOLDIN AND KARA GOLDIN 2002 FAMILY TRUST, THEODORE GOLDIN's Motion To Stay Defendants Claims. AMENDED.
Plaintiff's motion "for an order either (1) staying Defendant Hint, Inc.'s. Cross-Complaint in this action, given the identical nature of some of the claims as compared to Hint's arbitration claims; or in the alternative, (2) staying Hint's loan-related claims only, not the entire proceeding, in the Arbitration currently pending at the American Arbitration Association" is DENIED. (Notice of Motion, 1:6-10 (emphasis removed.)
The court concludes that the chance of inconsistent rulings is slight. The arbitrator merely noted that factual allegations regarding the loans may be relevant to defendant's breach of fiduciary duty claim and clarified that the "loan claims" will be adjudicated in the court. (Robinson Decl., Ex. H.)
In addition, as a practical matter, the requested relief is not feasible. Plaintiff requests a stay of only the cross-complaint, but it appears that defendant's loan allegations will also be germane to defendant's defense to plaintiff's claims.
Plaintiff's alternative request to stay part of the arbitration is also unworkable. Plaintiff's request is vague and provides little guidance to the arbitrator on how to conduct that proceeding. Once a court compels arbitration-which it did on plaintiff's employment claims-it only retains "vestigial jurisdiction" and it is improper for the court to micromanage the arbitration. (Lew-Williams v. Petrosian (2024) 101 Cal.App.5th 97, 105 ["Once a trial court has compelled claims to contractual arbitration, the court has 'very limited authority with respect to [the] pending arbitration.'"])
If the arbitrator makes substantive rulings on the "loan claims" that are outside of her jurisdiction, then plaintiff's remedy is to seek to vacate the arbitration award.
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