Judge: Cherol J. Nellon, Case: 21VEUD00952, Date: 2025-05-07 Tentative Ruling
Case Number: 21VEUD00952 Hearing Date: May 7, 2025 Dept: 14
#6
Case Background
Plaintiff claims that it bought
the Defendant’s home at a foreclosure sale and seeks to evict Defendant.
On December 21, 2021, Plaintiff
filed its Complaint for Unlawful Detainer against Defendants Orna Shaposhnik
(“Shaposhnik”) and DOES 1-10. On January 10, 2022, Defendant Shaposhnik filed
her Answer.
On February 10, 2022, this
court stayed this case pursuant to Martin-Bragg v. Moore (2013) 219
Cal.App.4th 367.
On April 11, 2025, Plaintiff
moved to lift the stay in this action.
On April 18, 2025, Defendant
Shaposhnik filed an opposition.
On April 28, 2025, Plaintiff
filed a reply.
Instant Pleading
Plaintiff moves to lift the stay in this matter.
Decision
Plaintiff’s motion to lift the stay in this matter is
DENIED without prejudice.
Discussion
Plaintiff moves to lift the stay in this matter on the
grounds that it was dismissed from the related case, 23STCV15231.
This case was stayed by this court on February 10,
2022, pursuant to Martin-Bragg v. Moore (2013) 219 Cal.App.4th
367, which directs that, where the landlord’s title is disputed in a related
civil case, the unlawful detainer case cannot proceed until the civil case is
resolved.
On January 13, 2025, Defendant Shaposhnik dismissed
Redwood Holdings from the civil case, 23STCV15231 without prejudice. If Redwood
had remained dismissed from the civil case, this case would have been permitted
to proceed because the civil case would have been resolved as to Redwood.
However, Shaposhnik filed a Doe Amendment renaming Redwood as a Defendant in
the civil case on April 18, 2025. Whether this amendment was procedurally
correct is not properly before the Court at this time. In any case, the civil
case has not resolved because of Shaposhnik’s Doe Amendment. Therefore, the
Court cannot lift the stay at this time.
Conclusion
Plaintiff’s motion to lift the stay in this matter is
DENIED without prejudice.