RUIZ v. FERNANDEZ, ET AL.

Case No.: FCS054033     Track Rulings In Case

Motion to Stay Civil Action
TENTATIVE RULING
Defendant Fernandez’s unopposed motion to stay the action is granted. This court has concurrent jurisdiction over the issue of whether the court or the Workers’ Compensation Appeals Board has exclusive jurisdiction over Plaintiff’s claim of injury while acting as Defendant’s employee. (Scott v. Indus. Accident Comm’n (1956) 46 Cal.2d 76, 83; Hollingsworth v. Superior Court (2019) 37 Cal.App.5th 927, 930.) When two tribunals in the state have concurrent jurisdiction to determine jurisdiction, the question of which tribunal has exclusive jurisdiction must be determined by the tribunal whose jurisdiction was first invoked. (Taylor v. Superior Court (1956) 47 Cal.2d 148, 149.) Priority of jurisdiction is given to the tribunal where process is first served, not where the action is first filed. (Cal. Union Ins. Co. v. Trinity River Land Co. (1980) 105 Cal.App.3d 104, 109; Mungia v. Superior Court (1964) 225 Cal.App.2d 280, 283.........