17CV311182
In light of the Court’s ruling on demurrer (overruling demurrer on the petition to vacate), hearing on the petition to confirm arbitration is premature. Counsel to appear to discuss how this case will be decided.
Plaintiffs’ motion to disqualify opposing counsel is DENIED. Plaintiffs apparently intend to try to create a conflict by their plan to take the deposition of an attorney with the firm of Holland & Knight (who is not counsel of record for Paypal in this action in California). Petitions to vacate arbitration awards are not evidentiary in nature but rely almost entirely on the record of the arbitration proceeding, and, although not yet presented to the Court, Plaintiffs must meet a very high burden before the Court will allow a party to depose opposing counsel. (Carehouse Convalescent Hosp. v. Superior Court (2006) 143 Ca1.App.4th 1558, 1562.) The Court finds no conflict that would support disqualification.
The motion for leave to file amended complaint is DENIED in light of the rulings on demurrer. The proposed amended pleadings includes claims that the Court has concluded are not validly stated.