Judge: Elaine Lu, Case: 23STCV19226, Date: 2023-12-07 Tentative Ruling

Case Number: 23STCV19226    Hearing Date: December 7, 2023    Dept: 26

On the Court’s own motion, the Final Status Conference set for December 7, 2023 is CONTINUED to 12/11/23 at 8:30 am.

On December 6, 2023, Defendant David Kang filed a Notice of Stay of Proceedings, attaching a Notice of Bankruptcy Case Filing involving Judgment Debtor David Eun Kang, filed on December 6, 2023.  Here, the Tenant’s filing of bankruptcy automatically stays the instant UD proceedings.  It appears to the Court that Plaintiff (Landlord) must must seek leave from bankruptcy court to lift the stay and resume the instant UD proceedings. 

Accordingly, the Court hereby sets an OSC re stay of the action for December 11, 2023 at 8:30 am.  Any party who opposes the imposition of an automatic stay effective as of December 6, 2023 must (1) file and serve briefing explaining why this court is not mandated to stay the action in its entirety pending the resolution of the Bankruptcy matter or pending the Bankruptcy Court’s granting of a motion to lift the stay, and (2) appear on December 11, 2023 at 8:30 am and show cause why the Court should not impose a mandatory automatic stay effective as of December 6, 2023.

The Court’s Judicial Assistant shall give electronic notice to all parties.