PEREZ v. GUTIERREZ

CASE NO.: 22NWCV01769

HEARING: 09/14/23

#3

Defendant NICHOLAS JOSEPH GUTIERREZ’s Motion to Stay Discovery against Defendant Nicholas Joseph Gutierrez is GRANTED. The alternative Motion and/or Protective Order is MOOT.

Moving Party to give notice.

Pursuant to CCP §128(a)(3), every court has the power to provide for the orderly conduct of proceedings, including the power to stay discovery in a civil action pending outcome of a related criminal case.

“Courts recognize the dilemma faced by a Defendant who must choose between defending the civil litigation by providing testimony that may be incriminating on the one hand, and losing the case by asserting the constitutional right and remaining silent, on the other hand. At the same time, courts must also consider the interests of the Plaintiff in civil litigation where the Defendant is exposed to parallel criminal prosecution. Plaintiffs are entitled to an expeditious and fair resolution of their civil claims without being subjected to unwarranted surprise. Added to the mix, of course, is the interest of the Courts in fairly and expeditiously disposing of civil cases, and in efficiently utilizing judicial resources. Courts that are confronted with a civil Defendant who is exposed to criminal prosecution arising from the same facts weigh the parties’ competing interests with a view toward accommodating the interests of both parties, if possible. One accommodation is to stay the civil proceeding until disposition of the related criminal prosecution. Another possibility is to… [preclude] a litigant who claims the constitutional privilege against self-incrimination in discovery from waiving the privilege and testifying at trial to matters upon which the privilege had been asserted.” (Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 305-307.)

This action arises out of a motor vehicle-multiple pedestrian accident that occurred on November 16, 2022. On December 30, 2022, Plaintiff DEREK PEREZ filed this action. Although no criminal case has been filed against Defendant yet, it appears that one will likely be filed in November 2023. (Declaration of Mark P. LaScola, ¶ 3; Exhibit A.) Therefore, any responses that Defendant provides to outstanding discovery requests in this action could implicate Defendant’s Fifth Amendment right against self-incrimination in a parallel criminal action.

The Court finds that a stay limited to discovery directed at Gutierrez is sufficient and warranted.

Defendant’s Motion to Stay All Discovery Directed at Defendant NICHOLAS JOSEPH GUTIERREZ pending conclusion of all against him is GRANTED.