Defendant Eve Lowry’s Motion for Order Permanently Staying Proceedings. Citing Mungia v. Superior Court (1964) 225 Cal.App.2d, 280, 283, defendant Eve Lowry moves for a court order permanently staying this action and allowing the causes of action for physical and financial elder abuse, breach of fiduciary duties, fraud, negligence, and requests for punitive damages and heightened damages for elder abuse to be determined in the dissolution case between William Lowry and Eve Lowry, which was filed in 2006 (See PFL- 20060896.). Defendant Eve Lowry argues: the real and personal property rights raised in the civil action are subject to the jurisdiction of the Family Law Court that first acquired jurisdiction, thereby making the Family Law Court the exclusive jurisdiction for the civil causes of action to be heard.
Plaintiff opposes the motion on the following grounds: the conduct of the named defendants occurred after the November 28, 2006 date of separation of the plaintiff and defendant E
Hearing Date
December 06, 2019
Type
OTHER PI/PD/WD - UNLIMITED
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Defendant Eve Lowry’s Motion for Order Permanently Staying Proceedings. Citing Mungia v. Superior Court (1964) 225 Cal.App.2d, 280, 283, defendant Eve Lowry moves for a court order permanently staying this action and allowing the causes of action for physical and financial elder abuse, breach of fiduciary duties, fraud, negligence, and requests for punitive damages and heightened damages for elder abuse to be determined in the dissolution case between William Lowry and Eve Lowry, which was filed in 2006 (See PFL- 20060896.). Defendant Eve Lowry argues: the real and personal property rights raised in the civil action are subject to the jurisdiction of the Family Law Court that first acquired jurisdiction, thereby making the Family Law Court the exclusive jurisdiction for the civil causes of action to be heard.
Plaintiff opposes the motion on the following grounds: the conduct of the named defendants occurred after the November 28, 2006 date of separation of the plaintiff and defendant E