RAQUEL BABUGLIA ET AL VS. AMIRHOSSEIN GHORABIAN ET AL
Case Information
Motion(s)
Notice Of Motion And Motion To Stay Litigation Pending Appeal Of Denial Of Motion To Compel Arbitration
Motion Type Tags
Other
Parties
- Plaintiff: Raquel Babuglia
- Defendant: Amirhossein Ghorabian
- Defendant: Uber Technologies, Inc.
- Defendant: Raiser, LLC
- Defendant: Raiser-CA, LLC
Attorneys
- Jonathan D. Gottlieb — for Defendant
Ruling
On the Law and Motion / Discovery calendar for October 10, 2025, line 13. DEFENDANT UBER TECHNOLOGIES, INC., RAISER, LLC, RAISER-CA, LLC Notice Of Motion And Motion To Stay Litigation Pending Appeal Of Denial Of Motion To Compel Arbitration; Memorandum; Declaration Of Jonathan D. Gottlieb Defendants Uber Technologies, Inc., Raiser, LLC and Raiser-CA, LLC's unopposed Motion To Stay Litigation Pending Appeal Of Denial Of Motion To Compel Arbitration is GRANTED.
The court rejects Moving Defendants' argument that federal procedural rules govern. State procedural rules generally govern state court proceedings. On this motion, Moving Defendants have not shown that they and Plaintiff Raquel Babuglia are bound by an agreement to arbitrate, let alone an agreement in which the parties have "expressly designate[d] that any arbitration proceeding should move forward under the FAA's procedural provisions rather than under state procedural law." (Los Angeles Unified Sch. Dist. v Safety Nat'l Cas. Corp. (2017) 13 Cal.App.5th 471, 475-476, 482, quoting Cronus Investments, Inc. v. Concierge Services (2005) 35 Cal.4th 376, 394.)
State procedural law authorizes an appeal from an order denying a motion to compel arbitration but also provides "the perfecting of such an appeal shall not automatically stay any proceedings in the trial court during the pendency of the appeal." (Code of Civil Procedure section 1294(a).) Thus, here, there is no automatic stay by virtue of Moving Defendants' appeal from the order denying their motion to compel Plaintiff Babuglia to arbitrate her claims against them.
The court, however, exercises its discretion in favor of a stay. The court need not address Moving Defendants' contentions regarding prejudice and the balance of hardships because Plaintiff has expressly endorsed Moving Defendants' stay request. Nor by making this order is the court expressing any views regarding the merit of Moving Defendants' appeal. Good cause appearing, this matter is stayed until the conclusion of Moving Defendants' appeal from the order denying their motion to compel Plaintiff Babuglia to arbitrate her claims against them or until further court order, whichever occurs first.
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