Judge: Elaine W. Mandel, Case: 22SMCV00790, Date: 2022-08-10 Tentative Ruling



Case Number: 22SMCV00790    Hearing Date: August 10, 2022    Dept: P

Tentative Ruling
Ulrich Fox v. Sourcerock Partners, LLP et al., Case No. 22SMCV00790
Hearing Date August 10, 2022
Plaintiff’s Motion to Stay Proceedings (UNOPPOSED)

In 2019, Sourcerock filed a collections action against Fox in Miami-Dade County, Florida; Fox cross-claimed. Fox also filed this action against Sourcerock arising out of the same facts. Fox filed this case “out of an abundance of caution” to preserve his rights if the Florida action is dismissed and moves to stay this action to prevent inconsistent rulings.

Trial courts have the inherent power to stay proceedings in the interests of justice and efficiency. Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489. California courts have broad discretion to stay proceedings in favor of a previously filed action involving the same subject matter. Century Indemnity Co. v. Bank of America (1997) 58 Cal.App.4th 408, 411.

The Florida action was filed before this one and involves the same parties and subject matter. The Florida court should have the opportunity to resolve the dispute. The motion is unopposed. GRANTED. Proceedings are stayed pending the outcome of the Florida action.