Judge: Lynette Gridiron Winston, Case: 23PSCV03119, Date: 2025-04-15 Tentative Ruling

Case Number: 23PSCV03119    Hearing Date: April 15, 2025    Dept: 6

CASE NAME:  Teresa Ortega v. Jose L. Gandarilla 

Plaintiff’s Motion to Stay Proceedings in Case No. 23PSCV03119 Pending Resolution of the Riverside Family Law Case FLRI2005340 

TENTATIVE RULING 

The Court summarily DENIES Plaintiff’s motion to stay proceedings without prejudice. 

            Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a real property dispute. On October 9, 2023, plaintiff Teresa Ortega (Plaintiff) filed this action against defendants Jose L. Gandarilla (Defendant) and Does 1 to 20, alleging causes of action for quiet title, slander of title, unjust enrichment, declaratory relief, and constructive trust. 

On March 10, 2025, Plaintiff moved to stay this action. Defendant did not oppose this motion. 

LEGAL STANDARD 

            A party can ask the court to stay an action or proceeding based on the court's inherent power to stay in the interest of justice and to promote judicial efficiency. (See Cal. Const., art. VI, § 1; Code Civ. Proc., § 128; Adams v. Paul (1995) 11 Cal.4th 583, 593; Smith v. Jones (1900) 128 Cal. 14, 15; Koch-Ash v. Superior Ct. (1986) 180 Cal.App.3d 689, 696; see also Walker v. Superior Ct. (1991) 53 Cal.3d 257, 266-267.) 

DISCUSSION 

            The Court finds no proof of service attached to the moving papers or otherwise filed with the Court. “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” (Cal. Rules of Court, rule 3.1300, subd. (c).) Combined with Defendant’s lack of opposition, it appears to the Court that Plaintiff did not serve the moving papers on Defendant. The Court therefore lacks jurisdiction to consider the motion, and on that basis summarily DENIES the motion without prejudice. (See Harris v. Board of Ed. of City and County of San Francisco (1957) 152 Cal.App.2d 677, 680 [courts lack jurisdiction to rule on motions where requisite notice is not given].) 

CONCLUSION 

The Court summarily DENIES Plaintiff’s motion to stay proceedings without prejudice. 

            Plaintiff is ordered to give notice of the Court’s ruling within five calendar days of this order.