Judge: Jon R. Takasugi, Case: 24STCV25975, Date: 2025-01-27 Tentative Ruling

Case Number: 24STCV25975    Hearing Date: January 27, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendants’ motion for a stay of proceedings is DENIED.

            On 12/24/2024, Defendants moved for a stay of proceedings.

Discussion

            Defendants seek a stay of proceedings on the grounds that it is necessary to allow them to preserve their Fifth Amendment rights in an ongoing criminal matter.

More specifically, Defendants contend that this civil proceeding overlaps with the ongoing criminal Indictment against them, as it is based on identical facts.

After review, the Court disagrees.

"The strongest case for deferring civil proceedings until after completion of criminal proceedings is where a party under indictment for a serious offense is required to defend a civil or administrative action involving the same matter." (Jones v. Conte, 2005 WL 1287017, *1 (N.D. Cal. Apr. 19, 2005) (J. Illston) (internal quotation omitted); see also Continental Ins. Co. v. Cota, 2008 WL 4298372, *2 (N.D. Cal. Sept. 19, 2008).

Here, this action is based on allegations that:

On or about August 28, 2023, Plaintiff bought 4 chassis from Rodriguez and LANI for $50,000 and received four certificates of title (Pink Slips from Rodriguez); however, Plaintiff was unable to transfer titles of three of the four chassis and was told by DMV that three Pink Slips were fake; later, the three chassis were towed away by police, and Plaintiff was told by Police that the three chassis were stolen properties; Rodriguez and LANI promised to refund Plaintiff the money for the three chassis but failed to do so.

By contrast, the criminal action against Defendants concerns allegations that:

On or about July 12, 2023, defendant JOSE ANTONIO MENDOZABARRIOS stole from FLEXIVAN a total of 18 trailers worth $241,000; on the same day, defendant DANIEL RODRIGUEZ III (also one of the Defendants in our civil action) forged title transfer documents for the 18 stolen trailers; on the same date, defendant XIAOMARA DAVATOLHAGH used computer system and helped Rodriguez forge the title transfer documents.

            Given that the criminal action concerns 18 trailers and this action concerns 4 chassis, and given the lack of evidence that Plaintiff is a victim or interested party in the criminal action, the Court finds an insufficient basis to conclude that Fifth Amendment concerns are implicated by this action.

            Based on the foregoing, Defendants’ motion for a stay of proceedings is denied.

It is so ordered.

Dated:  January    , 2025

   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.