Judge: Melissa R. Mccormick, Case: "American First Credit Union v. ROI Property Group Management, LLC, et al.", Date: 2022-08-25 Tentative Ruling

Defendants Platinum Properties Investor Network, Inc. and Platinum Properties Investor Network, LLC’s Motion to Stay

Defendants Platinum Properties Investor Network, Inc. and Platinum Properties Investor Network, LLC (together, “Platinum”) move to stay this action pending resolution of a legal malpractice action pending before another judge of this court (Platinum Properties Investor Network, Inc. v. Chaudhry, OCSC Case No. 2020-01170089).  Platinum Properties Investor Network, Inc. filed the legal malpractice action against its former counsel in the lawsuit in which defendants ROI Property Group Management, LLC and ROI Property Group 2, LLC obtained the judgment against Platinum Properties Investor Network, Inc. from which this lawsuit arises.  In the alternative, Platinum requests a stay of Platinum Properties Investor Network, Inc. v. Fuller, OCSC Case No. 2018-00974280, the case in which ROI Property Group Management, LLC and ROI Property Group 2, LLC obtained the judgment that underlies this case.

As an initial matter, Platinum did not timely serve the motion.  For an August 25, 2022 hearing, the Code of Civil Procedure required Platinum to serve a motion served by email no later than August 1, 2022.  Civ. Proc. Code §§ 1005(d), 1010.6(a)(4).  Platinum served its motion by email on August 3, 2022.  Platinum’s motion is denied for untimely notice.

The motion is also denied on its merits.  Platinum offers no persuasive reasons this action or Platinum Properties Investor Network, Inc. v. Fuller, OCSC Case No. 2018-00974280, should be stayed.

Platinum’s request for judicial notice is granted in part and denied in part.  A court may take judicial notice of the existence of a document in a court file, including the truth of results reached, but a court may not take judicial notice of the truth of hearsay statements in decisions and court files.  Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.

Defendants ROI Property Group Management, LLC and ROI Property Group 2, LLC to give notice.