BC606546 MYERS POWER PRODUCTS INC VS PIONEER POWER SOLUTIONS INC
Plaintiff’s Motion for Terminating Sanctions
TENTATIVE RULING: The motion is taken off calendar as stayed by the pending appeal.
This motion is based in large part of the argument that defendants failed to comply with the court’s order of November 26, 2019. Defendants have filed a notice of appeal of that order.
“[W]hether a matter is 'embraced' in or 'affected' by a judgment within the meaning of section 916 depends upon whether postjudgment trial court proceedings on the particular matter would have any impact on the 'effectiveness' of the appeal. If so, the proceedings are stayed....” (Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal. App. 4th 1168, 1173.)
Issuing a terminating sanction on the grounds, even partially on the grounds, that defendants failed to comply with the order is a particular matter which would have an impact on the effectiveness of the appeal. This motion is stayed pen
Hearing Date
January 13, 2020
Type
Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
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BC606546 MYERS POWER PRODUCTS INC VS PIONEER POWER SOLUTIONS INC
Plaintiff’s Motion for Terminating Sanctions
TENTATIVE RULING: The motion is taken off calendar as stayed by the pending appeal.
This motion is based in large part of the argument that defendants failed to comply with the court’s order of November 26, 2019. Defendants have filed a notice of appeal of that order.
“[W]hether a matter is 'embraced' in or 'affected' by a judgment within the meaning of section 916 depends upon whether postjudgment trial court proceedings on the particular matter would have any impact on the 'effectiveness' of the appeal. If so, the proceedings are stayed....” (Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal. App. 4th 1168, 1173.)
Issuing a terminating sanction on the grounds, even partially on the grounds, that defendants failed to comply with the order is a particular matter which would have an impact on the effectiveness of the appeal. This motion is stayed pen