Judge: Shirley K. Watkins, Case: LC103648, Date: 2023-03-23 Tentative Ruling

Case Number: LC103648    Hearing Date: March 23, 2023    Dept: T

HATCH V. CENDANA LC103648

The court is in receipt of a Notice of Stay Pending Appeal filed by Joseph S. Klapach of Klapach & Klapach.  This firm is not counsel of record.  The court will not hear from Mr. Klapach in the absence of an Association of Attorneys, Limited Scope, or Substitution of Attorneys form filed prior to the hearing.

Tentative ruling: Motions for New Trial by Plaintiff and Cross-Defendant Deborah Hatch, and Plaintiff and Cross-Defendant Caritas Home Health Providers, Inc.: DENIED.

Although a Notice of Appeal and a Notice of Automatic Stay was filed, the appeal does not deprive the court of jurisdiction to rule on the motion for new trial. In Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 191, the California Supreme Court stated: “Thus, the Legislature, through its enactments, has established that a motion for a new trial is collateral to the judgment and may proceed despite an appeal from the judgment. (See In re Estate of Waters (1919) 181 Cal. 584, 587 [ 185 P. 951] ( Waters); see also Neff v. Ernst (1957) 48 Cal.2d 628, 634 [ 311 P.2d 849].)”

Tentative ruling: Determination of Commencement of Involuntary Dissolution of Caritas and Unified, and Appointment of Receiver: STAYED BY APPEAL.