Motion to Stay Proceedings
Having considered the moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On April 21, 2017, Plaintiffs Danny Ibarra and Miriam Ibarra (“Plaintiffs”) filed a complaint against Defendant John G. McCandless (“Defendant”) alleging motor vehicle and general negligence for an automobile collision that occurred on December 17, 2015.
On August 21, 2019, Defendant filed a motion to stay proceedings pursuant to California Code of Civil Procedure section 128.
On September 19, 2019, the Court continued the hearing on the motion to stay proceedings for Plaintiffs to file and serve a motion for leave to amend their complaint.
On November 1, 2019, the Court continued the hearing on the motion to stay proceedings for the parties to work on a stipulation and order to allow Plaintiffs to file an amended complaint.
On November 18, Plaintiffs filed a first amended complaint naming “Estate of Jon G. McCandless – C Probate Code 550” as the Defendant.
Hearing Date
December 05, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Motion to Stay Proceedings
Having considered the moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On April 21, 2017, Plaintiffs Danny Ibarra and Miriam Ibarra (“Plaintiffs”) filed a complaint against Defendant John G. McCandless (“Defendant”) alleging motor vehicle and general negligence for an automobile collision that occurred on December 17, 2015.
On August 21, 2019, Defendant filed a motion to stay proceedings pursuant to California Code of Civil Procedure section 128.
On September 19, 2019, the Court continued the hearing on the motion to stay proceedings for Plaintiffs to file and serve a motion for leave to amend their complaint.
On November 1, 2019, the Court continued the hearing on the motion to stay proceedings for the parties to work on a stipulation and order to allow Plaintiffs to file an amended complaint.
On November 18, Plaintiffs filed a first amended complaint naming “Estate of Jon G. McCandless – C Probate Code 550” as the Defendant.