Nature of Proceedings: Motion: Stay
Tentative Ruling: The court denies Kevin Branca’s motion to stay.

Background: On July 20, 2012, plaintiff Daniel Garcia filed this purported class action against defendant Iovate Health Sciences U.S.A., Inc. Iovate manufactures, markets and sells Hydroxycut – a weight loss product. Garcia alleges: The product does not have the weight loss capabilities that Iovate claims in advertising. Garcia would not have purchased the product but for the claims Iovate made. Garcia was damaged in purchasing Hydroxycut because he did not experience any of the promised weight loss or body mass index reduction benefits. The causes of action are: 1) violation of false advertising law (“FAL” - B&P Code § 17500, et seq.); 2) violation of unfair competition law (“UCL” - B&P Code § 17200, et seq.); 3) violation of California Consumer Legal Remedies Act (“CLRA” - Civil Code § 1750, et seq.); 4) violation of the Magnuson-Moss Warranty Act; 5) breach of express warranty; a