Judge: Jon R. Takasugi, Case: 23STCV15790, Date: 2024-11-26 Tentative Ruling

Case Number: 23STCV15790    Hearing Date: November 26, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for stay is GRANTED.

            On 7/6/2023, Plaintiff Sandra Greene (Plaintiff) filed suit against Farmers Insurance Exchange (Defendant or Farmers), alleging: (1) breach of implied obligation of good faith and fair dealing; and (2) breach of contract.

            On 9/30/2024, Plaintiff moved to stay the entire action pending appeal.

            The motion is unopposed.

Discussion

Plaintiff seeks a stay of the entire action pending appeal of the Court’s 9/19/2024 ruling granting Defendant’s motion for summary judgment.

Except as provided in Sections 917.1 to 917.9, inclusive, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.” (CCP § 916, subd. (a).)

CCP 923 states: “[t]he provisions of this chapter shall not limit the power of a reviewing court or of a judge thereof to stay proceedings during the pendency of an appeal or to issue a writ of supersedeas or to suspend or modify an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo, the effectiveness of the judgment subsequently to be entered, or otherwise in aid of its jurisdiction.”

Here, the appeal relates to Defendant’s disposing of the entire action by way of summary judgment. Accordingly, the Court agrees that any action taken in this case would affect the appellee’s court jurisdiction over the matter. The Court takes Defendant’s non-opposition to be a concession to the motion on the merits.

Based on the foregoing, Plaintiff’s motion to stay is granted.

It is so ordered.

Dated:  November    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.