Judge: Peter Wilson, Case: 2022-01255275, Date: 2022-08-04 Tentative Ruling

Defendant Sun West Mortgage Company, Inc. (Defendant) seeks to stay this action pursuant to the discretionary doctrine of exclusive concurrent jurisdiction pending final resolution of the similar, earlier-filed matter, Santa Cruz v. Sun West Mortgage Company, Inc., OCSC Case No. 30-2022-01239675 (Santa Cruz Action).

Defendant’s ROA 17, Request for Judicial Notice is GRANTED.

Although Plaintiff was duly served with this motion, he has not filed any opposition.

While the doctrine of exclusive concurrent jurisdiction does not apply here, because both cases are pending

in the same court (see Wozniak v. Lucutz (2002) 102 Cal.App.4th 1031, 1041, [no priority problem arose when judges were part of the same court and there was no risk of simultaneous proceedings or conflicting decisions; see 2 Witkin, Cal. Proc. 6th Jurisd. § 442 (2021)), because Plaintiff does not oppose this Motion and Defendant has shown the two actions involve substantially the same parties and issues, the Court exercises its discretion and GRANTS the stay. (Thompson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746 [“Granting a stay in a case where the issues in two actions are substantially identical is a matter addressed to the sound discretion of the trial court.”]; see also Simmons v. Superior

Court (1950) 96 Cal.App.2d 119, 125 [“If proceedings should be stayed . . . it is in order to avoid a multiplicity of suits and prevent vexatious litigation, conflicting judgments, confusion and unseemly controversy between litigants and courts.”].)

The action is stayed. For the avoidance of doubt, this action is stayed for all purposes within the meaning of Code of Civil Procedure section 583.340 so that the duration of the stay is excluded from the time within which this action must be brought to trial pursuant to Code of Civil Procedure section 583.310 et seq.

The status conference is continued to January 20, 2023, and the parties are Ordered to file a joint status report not later than January 13, 2023.

Defendant is ordered to give notice.