Twentieth Century Fox Film Corp. v. Superior Court
Opinion
Opinion
Hastings, J.
We issued an alternative writ to review denial of a motion brought by petitioner, Twentieth Century Fox Film Corporation (petitioner), 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…