What is a Motion to Stay?

Useful Rulings on Motion to Stay

Recent Rulings on Motion to Stay

CANYON BRIDGE FUND I, LLP V. WAVE COMPUTING, INC., ET AL.

”); and (3) Motion to Stay and Joinder by defendant Gregory Corona 20 (“Corona”). 21 II.

  • Hearing

    Oct 21, 2020

WESTLAKE VILLAGE MARKETPLACE VS. WEST AMERICAN ROOFING, INC.

CONCLUSION For the foregoing reasons, Defendant’s motion to stay proceedings is DENIED. Plaintiff is ordered to give notice of the Court’s ruling. DATED: October 21, 2020 _____________________ Hon. Theresa M. Traber Judge of the Superior Court

  • Hearing

    Oct 21, 2020

JANE DOE VS HONGMIN ZHAO, ET AL.

Plaintiff also presents mere argument without evidentiary support in support of her motion to stay. Thus, the Court finds no basis to stay this action. Therefore, the Court exercises its authority and DENIES Plaintiff’s motion to stay this action pending the resolution of the Criminal Matter. Plaintiff is ordered to give notice of this ruling with respect to the motion for a stay of proceedings.

  • Hearing

    Oct 21, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

ADKERNEL LLC VS KUBIENT, INC.

The Court concluded that granting a defendant’s motion to stay or dismiss based on a forum selection clause would be unreasonable as a matter of law because the defendant extensively litigated in California by filing a cross-complaint, conducting extensive discovery, and filing motions seeking relief from the Court. (Id. at pp. 155, 157.) In addition, the defendant did not provide any justification for waiting 19 months before filing the motion to stay or dismiss. (Id.)

  • Hearing

    Oct 19, 2020

TRUCK INSURANCE EXCHANGE VS GALLAGHER PEDIATRIC THERAPY, ET AL.

Gallagher Pediatric Therapy, et al. (20PSCV00362) _____________________________________________ Defendant Hacienda La Puente Unified School District’s MOTION TO STAY PLAINTIFF’S COMPLAINT FOR DECLARATORY RELIEF [joined by Defendants Roberta Gomez, Martin Murillo and The Estate of Moises Murillo] Responding Party: Plaintiff, Truck Insurance Exchange Tentative Ruling Defendant Hacienda La Puente Unified School District’s Motion to Stay Plaintiff’s Complaint for Declaratory

  • Hearing

    Oct 19, 2020

  • Type

    Insurance

  • Sub Type

    Intellectual Property

DOE VS KEMPIAK, M.D

The Petition to Compel Arbitration and Motion to Stay Action brought by defendant Southern California Permanent Medical Group (Kaiser) and joined by defendant Stephan Kempiak, M.D. (the Doctor) is GRANTED. This matter shall be STAYED pending the outcome of the arbitration. Background This action involves allegations by a patient against her doctor for sexual harassment, assault, medical malpractice, as well as for other claims. The patient is plaintiff Jane Doe (Plaintiff).

  • Hearing

    Oct 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ANYTIME RENT A CAR, INC. VS NEXTGEAR CAPITAL, INC., ET AL.

On November 20, 2019, Defendant NextGear filed the instant Motion to Stay or Dismiss Action Based on Forum Selection Clause (“the Motion”). Defendants Arrowhead and YouZoom filed a Notice of Joinder in the Motion on December 5, 2019. Plaintiff filed an opposition on October 1, 2020 and Defendant NextGear replied on October 8, 20202.

  • Hearing

    Oct 15, 2020

  • County

    Los Angeles County, CA

WYER VS. TESLA, INC.

Therefore, the Joinder to Tesla’s Motion to Compel Arbitration and Motion to Stay by Carson Schafer and the Joinder to Tesla’s Petition to Compel Arbitration and Motion to Stay Litigation by Christopher Rollins are all GRANTED. Plaintiff’s evidentiary objections 1-4 are OVERRULED. Pursuant to CCP § 1281.4, the instant case is stayed pending final resolution of the arbitration provided for in the Employee Transfer Agreement. The Court sets a status review conference for April 29, 2021 at 9:00 a.m.

  • Hearing

    Oct 15, 2020

JOSE BERMEJO, AS A REPRESENTATIVE ON BEHALF OF THE STATE OF CALIFORNIA AND OTHER AGGRIEVED EMPLOYEES VS LABORATORY CORPORATION OF AMERICA

For the foregoing reasons, Defendant’s motion to stay the proceedings is GRANTED.

  • Hearing

    Oct 15, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

WOO VS ISODIOL INTERNATIONAL INC

The motion to stay or dismiss the action on the grounds of forum non conveniens is denied. "California courts will refuse to defer to the selected forum if to do so would substantially diminish the rights of California residents in a way that violates our state's public policy." America Online, Inc. v. Superior Court (2001) 90 Cal.App.4th 1, 12.

  • Hearing

    Oct 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

FARIES VS FARISE

s Motion to Stay Dissolution Proceedings is GRANTED. The underlying complaint is for involuntary dissolution of a corporation owned 50-50 by brothers. The Corporation owns a liquor store and several other rental properties. Demile Faries has filed a Cross-Complaint for Breach of Fiduciary Duty.

  • Hearing

    Oct 15, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

GUNTER ZIELKE ET AL VS ERIC SCOTT ROSENSTIEL ET AL

.: BC628570 Hearing Date: 10/14/2020 [TENTATIVE] RULING RE: Defendant Scott Eric Rosenstiel’s Motion to Stay Proceedings Defendant Scott Eric Rosenstiel’s Motion to Stay Proceedings is placed off calendar. Defaulted Defendant The court’s register of actions for this action shows that on July 26, 2019, default was entered as to Defendant Scott Eric Rosenstiel, aka Scott Steele, aka Eric Steel, an individual.

  • Hearing

    Oct 14, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

JAMES BRITT VS. NICOLE TILLMAN, ET AL.

.: TC029110 Matter on calendar for: motion to stay proceedings Tentative ruling: Background Plaintiff James Britt and Defendant Nicole Tillman are divorced. Britt alleges that the property at 629 W. Myrrh Ln., Compton, California 90020, was sold without his consent and below market value. He seeks in this action to quiet title. Defendant and Cross-complainant Andre Davis bought the property from Tillman. Davis later refinanced the property with a loan from defendant Quicken Loans.

  • Hearing

    Oct 13, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

CANYON CREST CONSERVANCY VS COUNTY OF LOS ANGELES ET AL

On May 9, 2017, after a hearing, the court issued a written ruling granting Petitioner’s motion to stay pursuant to CCP section 1094.5(g). On or about December 14, 2017, Real Party requested that Respondent vacate the Project approvals. On or about February 27, 2018, the County Board of Supervisors vacated the approvals.

  • Hearing

    Oct 13, 2020

  • Type

    Administrative

  • Sub Type

    Writ

JETER, ET AL. V. COXCOM, LLC, ET AL.

Pursuant to Code of Civil Procedure section 418.10, subdivision (a)(2), a defendant, on or before the last day of her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to stay or dismiss the action on the ground of inconvenient forum. “When a case involves a mandatory forum selection clause, it will usually be given effect unless it is unfair or unreasonable.”

  • Hearing

    Oct 09, 2020

NAHID REZAEIYAN VS BOITE, LLC, ET AL.

.: 20STCV19988 Hearing Date: October 9, 2020 [TENTATIVE] RULING PLAINTIFF NAHID REZAEIYAN’S MOTION TO STAY ACTION PENDING ARBITRATION Plaintiff Nahid Rezaeiyan’s Motion to Stay Action Pending Arbitration is GRANTED. INTRODUCTION This is a breach of contract action. The Complaint alleges as follows.

  • Hearing

    Oct 09, 2020

(NO CASE NAME AVAILABLE)

.: 20STCV19988 Hearing Date: October 9, 2020 [TENTATIVE] RULING PLAINTIFF NAHID REZAEIYAN’S MOTION TO STAY ACTION PENDING ARBITRATION Plaintiff Nahid Rezaeiyan’s Motion to Stay Action Pending Arbitration is GRANTED. INTRODUCTION This is a breach of contract action. The Complaint alleges as follows.

  • Hearing

    Oct 09, 2020

FARIES VS FARISE

s Motion to Stay Dissolution Proceedings is DENIED. Given that plaintiff is dismissing the involuntary dissolution action, no basis to invoke Corporations 2000(c). A plaintiff can dismiss an involuntary dissolution cause of action before a hearing on a motion for appraisal and buyout under section 2000, and the court can properly deny that motion because the prerequisite triggering section 2000 no longer exists. Ontiveros v. Constable, 27 Cal. App. 5th 259, 271-272 (2018)

  • Hearing

    Oct 08, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

TUCKER VS HERITAGE CUSTOM ESTATES ASSOCIATION

Therefore, Kevin Tucker's motion to stay further collection pending trial is denied. This is the tentative ruling for an appearance hearing at 1:30 p.m. on Friday, October 9, 2020. If no party appears at the hearing, this tentative ruling will become the order of the Court as of October 9, 2020.

  • Hearing

    Oct 08, 2020

  • Type

    Contract

  • Sub Type

    Breach

TUCKER VS HERITAGE CUSTOM ESTATES ASSOCIATION

Therefore, Teresa Tucker's motion to stay further collection pending trial is denied. This is the tentative ruling for an appearance hearing at 1:30 p.m. on Friday, October 9, 2020. If no party appears at the hearing, this tentative ruling will become the order of the Court as of October 9, 2020.

  • Hearing

    Oct 08, 2020

  • Type

    Contract

  • Sub Type

    Breach

BUCHANAN V. ARAMARK CAMPUS, LLC, ET AL.

9 COUNTY OF SANTA CLARA 12 ROBERT BUCHANAN, an individual, on behalf of himself and others similarly situated, 13 TENTATIVE RULING RE: REQUEST Plaintiff, FOR 166.1 CERTIFICATION AND 14 MOTION TO STAY vs. 16 liability company; ARAMARK SPORTS, LLC, a Delaware limited liability company; and DOES 1 17 through 50, inclusive, 18 Defendants. 23 I.

  • Hearing

    Oct 07, 2020

MOHAMMED KHODABAKHSH VS TERRY L VECHICK, ET AL.

“The provisions of Section 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a general appearance.” (Code Civ. Proc., § 410.30, subd. (b).) “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes . . . (2) To stay or dismiss the action on the ground of inconvenient forum.” (Code Civ. Proc., § 418.10, subd.

  • Hearing

    Oct 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ANN SIMONS VS THE ENTERPRISE, ET AL.

Likewise, the cited cases are distinguishable, including Henry, which involved a motion to stay arbitration proceedings that were initiated six months after the defendant filed its answer. (Id. at 98.) On the merits of the motion for a preliminary injunction, the motion would also be denied.

  • Hearing

    Oct 07, 2020

TOYOTA MOTOR CREDIT CORPORATION V. PONTUS MAG FAIRFIELD, LLC, ET AL.

BARBER to Compel Arbitration and Motion to Stay Action TENTATIVE RULING The parties and the Court anticipate the dismissal of the complaint filed by Toyota Motor Credit Corporation in this matter at any time. At issue is whether the cross-complaint filed by Cross-complainant PONTUS MAG FAIRFIELD LLC (“Pontus Mag”) against cross-defendants BARBER AUTO MALL PROPERTIES, L.P.; BARBER FAIRFIELD MANAGEMENT COMPANY, LLC; and RONALD L.

  • Hearing

    Oct 06, 2020

DARIN JAMES VS BAUSCH & STROEBEL MACHINE COMPANY, A CORPORATION, ET AL.

Therefore, the instant Court exercises its discretion to entertain a motion to stay or dismiss based on the authority presented in CCP § 410.30(a). However, because the moving party’s own motion was not properly noticed, the Court finds that the opposing party should be provided the opportunity to present argument and evidence as to the central issue presented by such a motion: whether the enforcement of the choice of forum clause would be unreasonable under the facts of this case.

  • Hearing

    Oct 05, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

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