Judge: Blaine K. Bowman, Case: 37-2022-00051488-CU-BT-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2022-00051488-CU-BT-CTL GUILD MORTGAGE COMPANY LLC VS CROSSCOUNTRY MORTGAGE LLC CAUSAL DOCUMENT/DATE FILED:

Plaintiff's motion to stay this matter pending the outcome of Plaintiff's writ petition on Defendant CrossCountry Mortgage LLC's demurrer to Plaintiff's First Amended Complaint is DENIED WITHOUT PREJUDICE.

The court is not persuaded by any of the arguments Plaintiff raises to support imposition of a stay. The issue of whether CCM will have sufficient time to conduct additional discovery, in the event CCM succeeds with its writ petition, is premature at this time. This issue is more properly addressed following disposition of the writ petition by the Court of Appeal. Plaintiff argues that, absent a stay, it will be required to 'double-back' on prior discovery. However, given that significant discovery has already taken place in this case, and evidence of CCM's efforts to comply with Plaintiff's on-going discovery requests, the court finds any prejudice to Plaintiff insufficient to warrant imposition of a stay at this time.

Plaintiff also raises the issue of attorneys' fees and costs available under Penal Code § 502, but fails to articulate how this issue impacts discovery or why this issue requires imposition of a stay. Generally, issues related to attorneys' fees and costs are resolved via post-trial motions. The court also considers the prejudice to CCM based on CCM's pending demurrer and motion for summary adjudication.

Considering these circumstances, the court finds none of the authorities Plaintiff relies on requires the imposition of a stay. Accordingly, the court exercises its discretion against imposition of a stay.

This ruling is without prejudice to Plaintiff's ability to again seek a stay based on the status of the writ proceedings vis-à-vis the trial date.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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