Judge: Cherol J. Nellon, Case: 24STCV15076, Date: 2025-01-13 Tentative Ruling

Case Number: 24STCV15076    Hearing Date: January 13, 2025    Dept: 14

#10

Case Background

This is an action for unlawful detainer. Plaintiff alleges he entered into an oral month-to-month tenancy with Defendant. The tenancy was terminated for at-fault just cause.

On June 17, 2024, Plaintiff Farhad Yaghoubi filed his Complaint against Defendant Clarence Tate.

On August 14, 2024, Defendant filed a notice of stay of proceedings.

On December 4, 2024, Defendant filed this demurrer.

On December 5, 2024, Plaintiff filed an opposition.

On December 10, 2024, the Court advanced the hearing date on the demurrer to January 13, 2025, at Defendant’s request.

Instant Pleading

Defendant demurs to Plaintiff’s Complaint.

Decision

Defendant filed for bankruptcy and this matter is subject to the automatic stay. On the Court’s own motion, the demurrer scheduled for January 13, 2025, is continued to February 10, 2025.

Discussion

Defendant filed a notice of stay of proceedings due to an automatic stay caused by his bankruptcy filing. The filing of a bankruptcy proceeding automatically stays all state and federal proceedings outside of the bankruptcy court against the debtor and the debtor’s property. (11 U.S.C., section 362(a).) Here, this matter is stayed until the automatic stay is lifted. The demurrer is continued to February 10, 2025.

Conclusion

Defendant filed for bankruptcy and this matter is subject to the automatic stay. On the Court’s own motion, the demurrer scheduled for January 13, 2025, is continued to February 10, 2025.