Twentieth Century Fox Film Corp. v. Superior Court

California Court of Appeal Mar 21, 2000 No. B136732Published

Before: Hastings

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Holding. The court dismissed the petition for a writ of mandate as moot because the underlying federal court action to compel arbitration, which was the subject of the stay request, had been resolved.

Issues

Whether the trial court erred in denying a motion to stay a state court action pending the resolution of a federal petition to compel arbitration under Code of Civil Procedure section 1281.4.

Disposition. dismissed

Quotations verified verbatim against the opinion

“While we conclude that respondent acted in excess of its power, we have been advised that the facts upon which we based issuance of the alternative writ no longer exist, therefore, we dismiss the petition.”

“Because the district court has denied the petition to compel arbitration, this proceeding has become moot.”

Opinion

HASTINGS, J.

We issued an alternative writ to review denial of a motion brought by petitioner, Twentieth Century Fox Film Corporation (petitioner),

[190]

to stay this action pending outcome of a petition to compel arbitration of the dispute. While we conclude that respondent acted in excess of its power, we have been advised that the facts upon which we based issuance of the alternative writ no longer exist, therefore, we dismiss the petition.

Statement of Facts

On June 10, 1999, Porche Lottermoser, real party in interest, filed in the Los Angeles Superior Court a “Complaint for Damages for Violations of the California Fair Employment and Housing Act (FEHA),” case No. BC211739 (the State Court Action). Petitioner was the sole named defendant. Lotter-moser, an employee of petitioner, complained of sexual harassment and discrimination based on sex by one of her supervisors in violation of California Government Code section 12940, subdivisions (h) and (i).

On July 12, 1999, petitioner filed a petition to compel arbitration in the United States District Court for the Central District of California

(Twentieth Century Fox Film Corp. v. Lottermoser,

No. Civ. 99-07114 AHM, JWJx) (the Federal Action). The petition alleged that Lottermoser was a member of the International Alliance of Theatrical Stage Employees and Moving Picture Technicians Union, Laboratory Film/Video Technicians, Local 683 and that a collective bargaining agreement existed between the union and petitioner which required arbitration of employee claims. A copy of the collective bargaining agreement was attached. The petition requested that the court order Lottermoser to submit her claims to arbitration as required by the collective bargaining agreement. The petition was served on Lottermoser’s attorney on July 15, 1999, and he acknowledged receipt of the petition on August 30, 1999.

On October 22, 1999, petitioner filed a motion to stay the State Court Action pending resolution of the Federal Action.

Twentieth Century Fox Film Corp. v. Superior Court

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HASTINGS, J.

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