Judge: Michael E. Whitaker, Case: 23SMCV05200, Date: 2025-01-21 Tentative Ruling

Case Number: 23SMCV05200    Hearing Date: January 21, 2025    Dept: 207

TENTATIVE RULING

MOTION

This case arises from a dispute concerning an investment in a real estate development in Dallas, Texas known as the “Centrum Tower.” 

On November 1, 2023, Plaintiff Robert Tantular (“Plaintiff”) filed suit against Defendants First Foundation Bank as administrator of the Estate of Andrew H. Tan (“Defendant”); Stephanie Karina as administratrix of the Estate of Tan Ho Yung; VS Centrum, LLC; Burnaby Partners LLC; Fine Capital LLC; and Princeton Partners LLC, alleging six causes of action for (1) fraud and deceit; (2) conversion; (3) breach of fiduciary duty; (4) imposition of a constructive trust; (5) accounting; and (6) quiet title.  The sixth cause of action for quiet title has been voluntarily dismissed.

Defendant now moves to stay this action pending the resolution of a related action Plaintiff filed in Singapore.  The motion is unopposed.

ANALYSIS

The court has inherent power to stay proceedings in the interests of justice and to promote judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.)  Trial judges have inherent powers to manage and fashion procedures to control litigation to ensure the orderly administration of justice. (Cottle v. Superior Court (1992) 3 Cal.App.4th 1367, 1376-79.)

Further, “If a party establishes that an appeal from a foreign-country judgment is pending or will be taken in the foreign country, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.”  (Code Civ. Proc., § 1720.)

Here, in 2020, Plaintiff filed a substantially similar lawsuit against the decedent, Andrew Tan, in Singapore, also arising from his investment in the Centrum Tower.  Plaintiff was unsuccessful in that action, but has now filed an appeal.  (Loh Decl. ¶¶ 2-10 and Exs. A-E thereto.) 

Therefore, the Court finds that the interests of justice and judicial efficiency warrant staying this action pending the resolution of the Singapore case appeal.

CONCLUSION AND ORDER

            Therefore, the Court grants Defendant’s unopposed motion to stay the action pending the completion of the Singapore appeal.

            Further, based upon the stay of the action, the Court vacates the Case Management Conference set on February 27, 2025, and sets a Status Conference re Appeal of Singapore Judgment on June 24, 2025 at 8:30 A.M. in Department 207.  All parties shall file a Joint Status Report (limited to 5 pages excluding attachments) no later than 5 court days before the scheduled status conference.  The parties shall inform the Court about the status, and the timeline for the completion, of the appeal.  At the status conference, the Court may determine whether the stay of the action should be vacated.  

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

DATED: January 21, 2025                                                     ___________________________

Michael E. Whitaker

                                                                                          Judge of the Superior Court