Judge: Carolyn M. Caietti, Case: 37-2018-00046600-CU-PO-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2018-00046600-CU-PO-CTL YOUKHANNA VS SEARS ROEBUCK AND CO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Sears, Roebuck and Co.'s Motion to Be Relieved as Counsel is OFF CALENDAR.

Generally, the filing of a bankruptcy action imposes a stay under title 11 United States Code section 362.

'Section 362(a) 'provides for a broad stay of litigation, lien enforcement and other actions, judicial or otherwise, that are attempts to enforce or to collect prepetition claims. It also stays a wide range of actions that would affect or interfere with property of the estate, property of the debtor or property in the custody of the estate.' ' (Rubin v. Ross (2021) 65 Cal.App.5th 153, 163, review denied (Aug. 25, 2021).) Here, the case is stayed because of Defendant's bankruptcy filing. (ROA 9.) Defendant has not provided any legal authority authorizing the Court to rule on this motion in light of the stay. Thus, the Court is without jurisdiction to hear the motion and it is ordered OFF CALENDAR.

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