Reyes v. Barnell

Case No.: 18CECG00202    

Motion: Plaintiffs’ Motion for Stay

Tentative Ruling:

To deny plaintiffs’ motion to stay the pending action.


Plaintiffs have not cited to any authorities that would support granting a motion to stay under the present circumstances. In their moving papers, plaintiffs cite to Code of Civil Procedure section 430.10, subdivision (c), and California Rules of Court, Rule 3.1200. However, Code of Civil Procedure section 430.10(c) states: “The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds: . . . (c) There is another action pending between the same parties on the same cause of action.” (Code Civ. Proc., § 430.10, subd. (c), italics added.) Thus, Code of Civil Procedure section 430.10(c) is intended t........