Judge: Stephen I. Goorvitch, Case: 22STCV17335, Date: 2023-08-14 Tentative Ruling

Case Number: 22STCV17335    Hearing Date: October 5, 2023    Dept: 39

Fred Hammonds v. General Motors, LLC

Case No. 22STCV17335

Motion for Summary Judgment

            The Court grants Plaintiff’s counsel’s request for a stay of this case, pending the California Supreme Court’s decision in Rodriguez v. FCA US, LLC (2022) 512 P.3d 654.  The California Supreme Court’s decision will be dispositive; a stay would not pose undue delay; and a stay would operate in the interests of judicial economy.  A stay would not impose undue congestion on the Court’s calendar.  The Court has approximately 653 cases, and the Court believes this case would only be the third case stayed pending a decision in Rodriguez v. FCA US, LLC (2022) 512 P.3d 654.  Finally, the parties would not proceed to trial on November 7, 2023, anyway.  The Court has four other trials set on that date, each of which is older than the instant case.  Therefore, the Court orders as follows:

            1.         The Court advances and vacates all dates.

            2.         The Court stays this case pending a decision from the California Supreme Court in Rodriguez v. FCA US, LLC (2022) 512 P.3d 654.

            3.         The Court sets an Order to Show Cause why the stay should not be lifted for March 25, 2023, at 8:30 a.m.  If the California Supreme Court issues a decision sooner, the parties may file a stipulation and proposed order to lift the stay and/or advance this OSC date.

            4.         Plaintiff’s counsel shall provide notice and file proof of such with the Court.