Judge: Curtis A. Kin, Case: 21STCV38713, Date: 2022-08-18 Tentative Ruling

Case Number: 21STCV38713    Hearing Date: August 18, 2022    Dept: 72

MOTION FOR STAY OF PROCEEDINGS

Date:               8/18/22 (8:30 AM)

Case:               Divine Food and Catering v. Western Diocese, et al. (21STCV38713)

TENTATIVE RULING:

Plaintiff Divine Food and Catering, LLC’s Motion for Stay of Proceedings is DENIED.

Plaintiff Divine Food and Catering, LLC moves for an order staying all proceedings, including the motion for attorney fees set for hearing on September 20, 2022, until after resolution of plaintiff’s appeals relating to the granting of defendants’ special motion to strike.

“‘[A] court ordinarily has inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.’ [citation.]” (OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141.) Nevertheless, the Court declines to stay the action. The interests of justice warrant timely resolution of the pending attorney fees motion. The Court granted defendants’ special motion to strike on April 18, 2022; defendants’ claim of fees is better evaluated closer to the resolution of the motion, rather than after an appeal. Moreover, if any party were to appeal the ruling on the motion for attorney fees, that appeal might be consolidated with any pending appeal of the Court’s decision on the special motion to strike, which might promote judicial economy better than a separate appeal of the fee ruling brought much later.

The motion is DENIED.