Judge: Robert P. Dahlquist, Case: 37-2022-00033104-CU-PO-NC, Date: 2024-01-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 18, 2024

01/19/2024  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2022-00033104-CU-PO-NC DOE VS SOOTHE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 12/22/2023

Defendant John Hartzell's motion to stay (ROA # 54) is denied without prejudice to the possibility that the court may elect to stay the case at some point in future.

The court has carefully considered the arguments and authorities presented by both parties. The court has also assessed and balanced the competing interests presented by this motion. See Pacers, Inc. v. Superior Ct. (1984) 162 Cal. App. 3d 686, 690; Avant! Corp. v. Superior Ct. (2000) 79 Cal. App. 4th 876, 882.

The court is not persuaded that this case should be stayed at this time. Defendant John Hartzell's constitutional rights can be protected at the same time as the other parties are allowed to gather evidence from other persons/parties. It is important to allow the parties to gather evidence from other persons/parties while memories are fresh, and before any evidence is lost or destroyed.

The absence of a stay does not require John Hartzell to give up any of his constitutional rights. Mr.

Hartzell may assert his constitutional rights in connection with discovery that may be directed to him, and if necessary thereafter, the court can adjudicate any potential challenges to the assertions of those rights. The court encourages the other parties to refrain from directing discovery to John Hartzell while his criminal case remains pending. If discovery is directed to John Hartzell while his criminal case remains pending, Mr. Hartzell may return to court if necessary to request appropriate relief.

No trial date has been set in matter. The court currently does not anticipate conducting a trial until after the criminal case has been resolved.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 2:30 p.m. on Friday, January 19, 2024. If no party appears telephonically at the hearing, this tentative ruling will become the order of the court as of January 19, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to telephonically argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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