Judge: Armen Tamzarian, Case: 22STCV28415, Date: 2023-05-17 Tentative Ruling

Case Number: 22STCV28415    Hearing Date: May 17, 2023    Dept: 52

Plaintiff Gail Wiggan’s Motion for Stay of Proceedings

Plaintiff Gail Wiggan moves to stay her action against defendants Interinsurance Exchange of the Automobile Club; American Credit Acceptance; and Safe-Guard Products, LLC. 

Plaintiff seeks to stay this action because she requests a jury trial and wants to “appeal the right to trial by jury and seek constitutional clarification on the right to trial by jury for all civil proceedings.”  (Motion, p. 3.)  Plaintiff has not been denied a right to jury trial.  She requested a jury trial.  Defendants have not objected to her request for jury trial.  The court has made no order denying plaintiff’s request for jury trial.  This motion is premature and may ultimately be unnecessary. 

Plaintiff has not yet filed proof of service of summons on any of the defendants.  To proceed with this action, plaintiff must serve summons on defendants as provided in part 2, title 5, chapter 3 of the Code of Civil Procedure, which begins with section 413.10.  Plaintiff then must file proof of service as provided in Code of Civil Procedure sections 417.10 to 417.40.  Proof of service of summons in a civil action must be filed on Judicial Council of California form POS-010. 

Plaintiff’s motion for stay of proceedings is denied.