Judge: Lisa R. Jaskol, Case: 21STCV34660, Date: 2025-03-14 Tentative Ruling
Case Number: 21STCV34660 Hearing Date: March 14, 2025 Dept: 28
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 20, 2021, Plaintiffs Sami Ammari (“Sami Ammari”), Riham Ammari (“Riham Ammari”), Iman Ammari (“Iman Ammari”), and Razan Ammari (“Razan Ammari”) filed this action against Defendants Dignity, Pierce Brothers Valhalla, Frank Mendez, and Does 1-100 for negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress.
On November 12, 2021, Plaintiffs filed a first amended complaint against Defendants Dignity, Pierce Brothers Valhalla, Frank Mendez, and Does 1-100 for fraud, misrepresentation, specific performance, negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress.
On June 24, 2022, Defendant SCI California Funeral Services, Inc., erroneously sued as Dignity and Pierce Brothers Valhalla (“SCI”), filed an answer.
On January 13, 2023, the Court granted Plaintiffs’ counsel’s motion to be relieved as counsel for Riham Ammari. On January 17, 2023, the Court granted Plaintiffs’ counsel’s motion to be relieved as counsel for Razan Ammari. On February 8, 2023, the Court granted Plaintiffs’ counsel’s motion to be relieved as counsel for Sami Ammari. On August 9, 2023, the Court granted Plaintiffs’ counsel’s motion to be relieved as counsel for Iman Ammari.
On June 30, 2023, the Court granted SCI’s unopposed motions for terminating sanctions against Iman Ammari and Sami Ammari and dismissed their claims without prejudice. On July 7, 2023, the Court granted SCI’s unopposed motions for terminating sanctions against Razan Ammari and Riham Ammari and dismissed their claims without prejudice.
On July 10, 2023, Iman Ammari filed a notice of appeal.
On November 5, 2024, Iman Ammari filed a notice stating that Razan Ammari died on July 27, 2024.
On February 6, 2025, Iman Ammari filed a motion for a stay pending appeal. The motion was set for hearing on March 14, 2025. No opposition has been filed.
No trial date is currently scheduled.
PARTY’S REQUEST
Iman Ammari asks the Court to stay proceedings pending resolution of the appeal.
LEGAL STANDARD
Code of Civil Procedure section 916 provides:
“(a) Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, 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.
“(b) When there is a stay of proceedings other than the enforcement of the judgment, the trial court shall have jurisdiction of proceedings related to the enforcement of the judgment as well as any other matter embraced in the action and not affected by the judgment or order appealed from.”
DISCUSSION
Iman
Ammari asks the Court to stay the case pending appeal. Iman Ammari filed a notice of appeal on
July 10, 2023. The appeal is currently pending in
the Court of Appeal of California, Second Appellate District. (Court of Appeal case number B331408.)
The Court grants the motion and stays
proceedings in Iman Ammari’s action pending resolution of the appeal.
CONCLUSION
The Court GRANTS Plaintiff Iman Ammari’s motion to stay proceedings pending appeal. The Court stays proceedings on Plaintiff Iman Ammari’s claims pending resolution of Court of Appeal case number B331408.
Moving party is to give notice of this ruling.
Moving party is to file proof of service of notice of this ruling within five days.