Judge: Lisa K. Sepe-Wiesenfeld, Case: 19STCV33144, Date: 2023-11-08 Tentative Ruling
Case Number: 19STCV33144 Hearing Date: February 16, 2024 Dept: N
TENTATIVE RULING
Plaintiff Richard Zajac’s Motion to Stay Civil Proceedings Pending Appeal is GRANTED.
The action is hereby stayed pending the outcome of Plaintiff Richard Zajac’s appeal of the Court’s order granting summary judgment in favor of Defendant Linda Liau, M.D.
Plaintiff Richard Zajac to give notice.
REASONING
Plaintiff Richard Zajac (“Plaintiff”) moves the Court for an order staying this action as to all defendants pending appeal of the Court’s order granting summary judgment in favor of Defendant Linda Liau, M.D., which was filed on December 20, 2023. The motion is unopposed.
As a general matter, “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.” (Code Civ. Proc., § 916, subd. (a).)
While the stay here is not automatic, the Court finds good cause to stay the action pending the outcome of the appeal. If Plaintiff is successful in his appeal, and if the Court denies Plaintiff’s request for a stay, the parties would be required to engage in a second trial while navigating claim and issue preclusion concerns from a first trial, apportionment of fault may be difficult, and there is a risk of inconsistent results. Further, the cost to the parties of engaging in two trials would likely be substantial, and the questioning of Defendant Linda Liau, M.D., differs depending on whether there is a judgment in her favor. Again, a stay here is discretionary, and the Court finds that all parties, the Court, and the trier of fact will be best served by a stay in the proceedings. Accordingly, Plaintiff Richard Zajac’s Motion to Stay Civil Proceedings Pending Appeal is GRANTED. The action is hereby stayed pending the outcome of Plaintiff Richard Zajac’s appeal of the Court’s order granting summary judgment in favor of Defendant Linda Liau, M.D.
