Judge: Lynne M. Hobbs, Case: 21STCV09786, Date: 2023-10-04 Tentative Ruling

Case Number: 21STCV09786    Hearing Date: October 4, 2023    Dept: 30

ANNASTACIA LAMBRINOS vs SHIRIN TOWFIGH, M.D.

Motion to Abate Action

Ruling:  Defendant’s motion to abate is DENIED. Moving party to give notice.

Discussion:  Defendant submits the declaration of his attorney, Michael E. de Coster, who testifies to the complaint in the other action. (Decl. de Coster, ¶ 4, Ex. 2 and 3.) In that complaint, Plaintiffs sue Davol, Inc. and C.R. Bard, Inc. for strict product liability, negligence, negligence per se, gross negligence, breach of implied warranty, breach of express warranty, negligent infliction of emotional distress, intentional infliction of emotional distress, negligent misrepresentation, fraudulent misrepresentation, fraudulent concealment, and loss of consortium. (Id., Ex. 3.) For the rule of another action pending to apply, and result in a plea in abatement, the same parties and causes of action must be involved, such that a judgment in the earlier action would become res judicata in the later one. (Bush v. Super. Ct. (1991) 10 Cal.App.4th 1374, 1384.) Because the defendants differ in the two actions and the causes of action differ, the motion to abate is denied.