Judge: Mark H. Epstein, Case: 23SMCV04132, Date: 2023-09-06 Tentative Ruling

Case Number: 23SMCV04132    Hearing Date: April 3, 2024    Dept: I

Plaintiff, in its untimely opposition, asserts that the case is stayed due to bankruptcy proceedings.  The court will inquire as to that.  The court notes that no one filed a notice of the bankruptcy stay—something that needs to be done.  Assuming the case is not stayed, the court sets forth its merits ruling.  However, if the court is convinced that it lacks jurisdiction, then of course it will issue no orders.  Other than the claim of bankruptcy, the untimely opposition is STRICKEN.

The alternative motion for abatement is GRANTED.  Defendant contends that the same issues raised here have already been adjudicated in another case, YC070538.  The judgment in that case, which was in the defense’s favor, is currently on appeal.  According to defendant, if the judgment is affirmed it will constitute res judicata and collateral estoppel as to this case.  Where that is the situation, the proper remedy is a plea in abatement to stay the instant action to allow the other judgment to become final (or to be reversed).  Accordingly, the case is ABATED and will be STAYED pending further order of the court.  The court will set a status conference hearing about a year from now to see how the appeal is going.  The court notes that in addition to YC070538, there are two other cases that seem to raise the same issue: 23TRCV00776 and 23LBCV01626.  The court has not examined those cases, but will advise plaintiff that if those cases also raise the same issue, this case will not go forward and plaintiff is in jeopardy of being declared vexatious.