Judge: Michael E. Whitaker, Case: 22SMCV01117, Date: 2025-01-16 Tentative Ruling

Case Number: 22SMCV01117    Hearing Date: January 16, 2025    Dept: 207

TENTATIVE RULING

MOTION

            On July 13, 2022, Plaintiff Sam Ostayan (“Plaintiff”) filed the unlawful detainer complaint in this action.  On December 14, 2022, the Court stayed this action pending the outcome of the related quiet title case, Siregar v. Ostayan, case number 22SMCV02460.  (See Minute Order, Dec. 14, 2022.) 

            Plaintiff now moves to dissolve the stay.  Defendant Joan Rebecca Siregar (“Defendant”) opposes the motion and Plaintiff replies.

ANALYSIS

            Plaintiff moves to dissolve the stay pursuant to Code of Civil Procedure section 128, subdivision (a)(8), which provides courts with the power to “amend and control its process and orders so as to make them conform to law and justice[.]”   

            Specifically, Plaintiff argues that lifting the stay is warranted on the basis of changed circumstances because Plaintiff filed a cross-complaint in the quiet title action, alleging that the foreclosure sale was wrongful and the sale was invalid, to which Defendant answered by way of a general denial, effectively conceding her contrary position in that case, upon which the stay in this case is premised.

            The Court does not read such a specific admission into Defendant’s general denial.  Further, even if Defendant had so conceded, the quiet title action is still not yet resolved.  This case is stayed “pending the outcome of 22SMCV02460.”  (Minute Order, Dec. 14, 2022.)  Because that case has not yet reached an outcome, lifting the stay in this case is not yet warranted.

CONCLUSION

Therefore, the Court denies Plaintiff’s motion to dissolve the stay. 

Plaintiff shall provide notice of the Court’s ruling and file the notice with a proof of service.

DATED: January 16, 2025                                                     ___________________________

Michael E. Whitaker

                                                                                          Judge of the Superior Court