Swinerton Builders v. Superior Court CA4/2

INTRODUCTION

Petitioner filed a petition for writ of mandate challenging respondent court’s

denial of petitioner’s motion to stay all discovery deadlines until after mediation has

occurred. This court invited respondent and real party in interest (RPI) to respond, and

notified the parties that this court might issue a peremptory writ in the first instance.

Having reviewed and considered the petition and RPI’s response, we agree with

petitioner that discovery should have been stayed in light of Code of Civil Procedure1

section 1281.4 and the terms of the Master Subcontract Agreement (MSA). Therefore,

we will issue a peremptory writ in the first instance directing respondent court to vacate

the portion of its order denying petitioner’s motion to stay all discovery deadlines until

after mediation occurs, and enter a new order granting the motion for stay.

FACTUAL AND PROCEDURAL HISTORY2

Petitioner is a contractor and defendant engaged in a civil action with real party in

interest (RPI), a subcontractor, who sued petitioner after not being paid for work done

during the renovation of a large hotel owned by Murrieta Hot Springs Resort, Ltd.,

(Property Owner). In June…