Judge: Olivia Rosales, Case: 18NWCV00089, Date: 2022-12-06 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 18NWCV00089    Hearing Date: December 6, 2022    Dept: SEC

VIP REAL ESTATE v. SOLIS, et al.

CASE NO.:  18NWCV00089

HEARING:  12/6/22 @ 9:30 AM

JUDGE:  OLIVIA ROSALES 

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TENTATIVE RULING

Cross-Defendant Guerrero’s unopposed motion for stay of proceedings as to Cross-Defendant Alfonso Guerrero under the service members Civil Relief Act is GRANTED.  The court orders this action STAYED for 90 days.  A status conference regarding the Stay is set for March 8, 2022, at 1:30 p.m. in Department C. 

Moving Party to give NOTICE.

Cross-Defendant Guerrero moves for a stay of proceedings under the Service Members Civil Relief Act pursuant to 50 USC 3901.

“In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days under this subsection upon application of counsel, or on the court’s own motion, if the court determines that— (1) there may be a defense to the action and a defense cannot be presented without the presence of the defendant; or (2) after due diligence, counsel has been unable to contact the defendant or otherwise determine if a meritorious defense exists.”  (50 USC § 3931(d).)

Cross-Defendant Guerrero is currently serving in the US Navy on active duty aboard the USS Tortuga with a homeport in Norfolk, Virginia.  (Gomez Decl., ¶ 4.)  Pursuant to 50 USC § 3931(d), this action is STAYED for 90 days.  A status conference regarding the Stay is set for March 8, 2022, at 1:30 p.m. in Department C.