However, the trial court denied Sony's motion, stating in relevant part: "A decision in this court is likely to assist the parties in any arbitration proceeding, and ultimately, there is no policy reason to defer a properly filed . "Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency." (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Filing A Motion To Stay The Summary Eviction Order. Scenarios: (1) you are an attorney defending a personal injury action and based upon your interactions with your defendant client, you . (a) An appeal taken by the defendant shall not automatically stay proceedings upon the judgment. If Defendant was forced to file this motion under the noti requilmentper Code of Civil Procedure section 1005 then the motion would be lendered moot. The purpose of this broad discretionary power is to permit the trial court to prevent unreasonable annoyance, expense, embarrassment (continue reading), In the discovery context, courts have held that, it is appropriate to stay discovery until [an] underlying action is determined. 2d 429, 430 (Fla. 2d DCA 1980) (describing difference between abatement and stay). 1094.5(h)(1).) In exercising its discretion the court should consider the importance of discouraging multiple litigation designed solely to harass an adverse party, and of avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced. The perfecting of an appeal shall not stay proceedings as to those provisions of a judgment or order which award, change, or otherwise affect the custody, including the right of visitation, of a minor . MOTION TO STAY ENFORCEMENT OF SMALL CLAIMS ACTION You will lose the information in your envelope, California Rules of Court, Rule 3.1202(c), Code of Civil Procedure 1094.5, subdivision (g), Fenske -v- Fresenius USA Manufacturing, Inc. et al Print, **PAGA** Aris Guerrero and Ashden Russell -v- Jeld-Wen, Inc. et al Print, RUIZ-V-MERCHANTS (COMPLEX/CLASS ACTION) Print, *COMPLEX* VALENTINE -V- DEPLOY HR, INC. Print, Order Filed Re: - Granting Motion to Stay, Vallejo -v - Ford Motor Company et al Print, Tentative decisions - Demurrer or Motion to Stay, **Complex-Class Action - PAGA** Worthy -V- Kuehne + Nagel Inc., etal Print, Order Filed Re: - Order granting Motion to stay, **COMPLEX- PAGA**Mcgary -v- Shield - California Health Care Center Inc., a, Document is Returned by Court for the Following Reason(s): - No Reservatio, Document is Returned by Court for the Following Reason(s): - Motion to sta, Estrada, Et Al-V-Nissan North America, Inc, Et al. R. 18 (stay pending consideration of petition for review); Loc. Date: 9/7/18 (Klein v. Super. Ct. Cal Rules of Ct 3.670(c); see Cal . A proceeding affects the effectiveness of an appeal if the possible outcomes on appeal and the actual or possible results of the proceeding are irreconcilable. (Varian Medical Systems, Inc., supra, 35 Cal.4th at 190. shall order the payment of the reasonable monthly rental value to the court monthly not be irreparably injured by its issuance. If you are not sure whether your motion will be decided by a judge or a commissioner, call the court to find out. App. Accessing Verdicts requires a change to your plan. Instead, the party seeking a stay of the judgment must file an application in the trial court and show, with supporting evidence, compelling reasons why the court should issue a stay while the appeal is pending. TGi
!4pA#iS$hjEM4iq41ly_{126p@vd+) $|zT#W+UjV7L$kgLgf9'9] CASE MANAGEMENT CONFERENCE ORDER Contact us. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (4) Automatic stay caused by a filing in another court, including a federal bankruptcy court. App. . to enforce the claim of lien. Any party or witness in a discovery proceeding may claim the 5th Amendment privilege against disclosure of information that might tend to incriminate him or her under either federal or state law. If you wish to keep the information in your envelope between pages, A-4295-19, at *11 (App. 1003.2(c)(1). (Id.) Motion to Stay Eviction Order, Affidavit/Declaration in Support of Motion to Stay Eviction Order, and Order Regarding Motion to Stay Eviction Order Refers to Form #26, #27 & #28 2006 Nevada Supreme Court Revised: April 14, 2006 If you have no defense to the eviction and do not file a Tenant's However, no such stay shall be imposed or continued if the court is satisfied that it is against the public interest. (Code Civ. 10 This note explains the variety of reasons why the court might impose a stay on proceedings or a part of them and the procedures by which a party can seek a stay, depending on the grounds for applying. ), [W]hen a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action. The purpose of this is to avoid subjecting parties to the burden and expense of discovery. (Watley v. Wilkinson, Franklin App. In their moving papers, plaintiffs cite to Code of Civil Procedure section 430.10, subdivision (c), and California Rules of Court, Rule 3.1200. (Fla. 4th D.C.A. Dept. Nov. 21, 2008).) A motion to stay discovery is an appropriate exercise of this court's discretion. 95, 99-100 (Mass. v. Occam Networks, Inc., et al, ..ntiffs for Limited Expedited Discovery 1Barry v. Washington Post Co., 529 A.2d 319 (D.C.App. The application for the stay shall be accompanied by proof of service of a copy of the application on the respondent. By rejecting a full stay pending appeal, the district court "failed to afford the relief requested" by Defendants, necessitating this emergency motion. Any party may file a motion for an order under Code of Civil Procedure section 404.5 staying the proceedings in any action being considered for, or affecting an action being considered for, coordination, or the court may stay the proceedings on its own motion. A stay order suspends all proceedings in the action to which it applies. Your recipients will receive an email with this envelope shortly and (Cottle v. Super. See also Loc. 1994) (granting stay of eviction proceedings pending determination of declaratory judgment action on terms of lease). Co. See Florida Rules of Appellate Procedure 9.190 and 9.310. Subdivision (h) applies where a state agency conducts a hearing required to be conducted under the Administrative Procedure Act. . Rule 407 (stays pending appeal) is inapplicable here as it applies to a motion to the Director of the Bureau to stay all or part of a final decision and order pending judicial review of that order. If that party fails to do so, any other party in the action who has knowledge of the termination or modification of the stay must serve and file a notice of termination or modification of stay. Ct. (1977) 75 Cal.App.3d 204, 210.). Bar 4th Ed.) Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that If it does neither and instead tries the issue of title under the summary procedures that constrain unlawful detainer proceedings, the parties right to a full trial of the issue of title may be unfairly expedited and limited. 2019, available at Westlaw. Step-by-Step Instructions 1. Motion Hearing set for 11/20/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. The court enumerated the factors to be considered in determining whether or not to stay the action. A stay order suspends all proceedings in the action to which it applies. Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) The court may extend that stay for up to the duration of defendant's military service plus 90 days upon a showing that military duty continues to affect defendant's ability to appear. Rules of Court, rule 3.515.). A Certificate of Service must accompany the Motion. Clinton v. Jones, 520 U.S. 681, 706 (1997). 405) (continue reading), R. Petition for stay of the judgment pending appeal shall first be directed to the judge before whom it was rendered. We are a homegrown Sacramento law firm comprised of accomplished lawyers who enjoy practicing law and growing our business community. *035L34./%2?63qe not be barred because of an appeal by any party. the rental value has been modified by the trial court in which case that modified For this reason, you can go ahead and draft your motion. . On April 8, 2008, Defendants filed a Motion to Stay Discovery without any supporting brief, relying on the ground that they have pending a dispositive Motion to Dismiss. What are some important words and phrases that I need to know as I start the appeals process? Instacart appealed the order granting the preliminary injunction. 201, 211 (1989) ("[A] general stay of all civil discovery is not by any means the best option available to the . (continue reading), Florida Appellate Courts have recognized that a trial court has broad discretion to grant or deny an application to stay a case, pending disposition of a previously filed, similar federal case. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Defendant Global IP USA, Inc.s Motion to Stay However, if there is any risk that the opposing party might cause mischief by seeking expedited relief for example, a temporary restraining order and/or preliminary injunction the party seeking the stay should consider filing a motion for an order shortening time so that the order to stay all proceedings can be granted right away. Petition for stay of the judgment pending appeal shall first be directed to. ), (d) Notice that stay is terminated or modified. TENTATIVE RULING 3 Code of Civil Procedure, 1281.4 provides that [i]f a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies. Code Civ. [13] Your subscription was successfully upgraded. The court may stay discovery until disposition of any pending criminal proceedings or until the statute of limitations has run on criminal prosecution, so that defendant can no longer claim a 5th Amendment privilege. Northern District. Rather, Instacart should have filed a motion for an order shortening time so that the mandatory stay could be issued before the trial court heard any other motion. 2 0 obj Rule 3.515 - Motions and orders for a stay. (Cal. the interest of the public in the pending civil and criminal litigation. 1. that the action be stayed pending the arbitration of any issue, question, or dispute RULING: When you file to appeal a judges order, the act of filing the appeal does not stop the court order that you are appealing from going into effect. (CM-180) Tells the court and the other side that a cause is paused (stayed) because another court case, such as bankruptcy, requires the pause. There are two main types of stays: a stay of execution and a stay of proceedings. Boutin Jones is Sacramento's premier business law firm. 2 The PSLRA's discovery stay provides "[i]n any private action arising under this subchapter [15 3 U.S.C. A Motion for Stay pending appeal can be filed and ruled on in Bankruptcy Court or in District Court. 27, 28). Baldwin, 64, and 25-year-old armorer Hannah Guttierez-Reed were subsequently charged with involuntary manslaughter and the actor's attorneys say the civil case needs to be stayed in order to . (2) For the reasons set forth herein, the motion of Plaintiffs for limited expedited discovery is DENIED. Under Civil Code 55.54(d)(4)(B) and 55.545(c)(2), a defendant may request a stay of proceedings based on a connected request for an early evaluation conference on the ground that the site at issue has been inspected by a Certified Access Specialist (CASp). Duty to notify court and others of stay (a) Notice of stay The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed. right to compel arbitration. (D-RJN, Exhibits 1, 2, and 4.) Co., 299 U.S. 248, 254-255 (1936). 792) (continue reading), Rule 26(c)(1) of the North Dakota Rules of Civil Procedure authorizes the trial court to stay discovery pending a dispositive motion. (See Kouba v. State (2004) 687 N.W.2d 466) (continue reading), A motion for a stay in a civil action . A stay order may be issued with or without a hearing. Motion Hearing set for 11/20/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Rule 3.650 amended and renumbered effective January 1, 2007; adopted as rule 224 effective January 1, 2004; previously amended effective January 1, 2006. The motion for a stay may be included with a petition for coordination or may be served and submitted to the Chair of the Judicial Council and the coordination motion judge by any party at any time prior to the determination of the petition. Convenience of the courts is best served when motions to stay proceedings are discouraged. (Avant! If the coordination motion judge grants the request for a hearing, the requesting party must provide notice. Cal. If your landlord has made any mistakes in filing an Unlawful Detainer against you, then you may have probable cause to file a Motion to Quash Service or a Demurrer. A motion to stay a sentence pending appeal is when a defendant in a criminal case asks the court to stay, or pause, execution of the sentence until an appeal is heard. See Perry v. Fireman's Fund Ins. The note also considers the circumstances in which a party might want to seek a stay of an order that . (Subd (a) amended effective January 1, 2005.). enforcement. stay the pending court action and order arbitration to proceed among the parties who have agreed to arbitration; or. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). A defendant waives her right to arbitrate if she answers the complaint without filing a petition to compel arbitration pursuant to Code of Civil Procedure 1281.2. A stay order suspends all proceedings in the action to which it applies. A lien claimant can file an action along with an application for stay pending arbitration or a statement of intent to file such an application within 30 days. Proc., 1281.3. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction because of the nature of the subject matter, the availability of witnesses, or the stage to which the proceedings in the other court have already advanced. Thomson v. Continental Ins. Plaintiff alleges that Defendants have breached a partnership agreement to operate a coffee house, and have threatened Plaintiff. of an action pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, does not thereby waive any right of arbitration the person may in Support of Defendants Motion for a Stay ("Stay Mtn."), ECF No. The proper procedure for halting labor commissioner proceedings is to file a petition to compel arbitration and request a stay of the labor commissioner proceedings in the superior court, the . condition the stay on whatever conditions the court deems just, but in any case it RELIEF REQUESTED: First, the party can request a stay that takes effect when the court orders the matter to arbitration. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 1176 - last updated January 01, 2019 Contact us. 1987). The Supreme Court granted review to address whether the appeal from the denial of an anti-SLAPP motion resulted in an automatic stay of trial court proceedings Calendar: 5 The defendant must serve a copy of the CASp report at least 15 days before the date set for the early evaluation conference. Co. FSB (2007) 235 S.W.3d 185, 195 citing) (continue reading), In considering a stay request, federal courts begin by considering the extent to which a defendant's Fifth Amendment rights are implicated. (See King v. Olympic Pipe Line (2000) 104 Wn. The court explained that the PSLRA stay's reference to a "motion to dismiss" and the safe-harbor stay's reference to a "motion for summary judgment" are umbrella terms for procedural devices used to challenge the legal sufficiency of allegations or undisputed facts, respectively. Ensure the information contained in the draft includes: A title, e.g., Motion to Compel Arbitration. Lexis 704, *35-*36. HKIAC/A18194 (In the Matter of an Arbitration Under the 2018 Hong Kong Interna ..ce of the truth of the matters asserted within the complaints and motion. Either party can file a motion asking the appellate court to review the agency's ruling on a motion for a stay. condition the stay on whatever conditions the court deems just, but in any case it The Fourth District Court of Appeal found that the trial court did not err when it granted the preliminary injunction. . Additionally, the moving party must show that a substantial question will be raised on the appeal. The trial court denied the motion and the defendants appealed. As used in this subdivision, reasonable rental value means the contract rent unless Current as of January 01, 2019 | Updated by FindLaw Staff. TENTATIVE RULING Genetic Inst., 2013 Ill. App. Ct. (1992) 3 Cal.App.4th 1367, 1376-79. Adding your team is easy in the "Manage Company Users" tab. If the stay is denied by the trial court, the defendant may forthwith file a petition And actions that accrue after the bankruptcy filing are not subject to the automatic stay under section 362 (a) (1). Section 362 (a) (1) stays legal proceedings against the debtor that were or could have been commenced before the filing of the bankruptcy case . Ct. (2000) 79 Cal. 120113, 24-25 [Ill. App. Ct. (2008) 166 Cal.App.4th 1541, 1551. (a) Motion for stay. x|y@SW=HIa$@*" 4 NOTICE OF MOTION TO STAY CIVIL PROCEEDINGS PENDING . If the defendant is in military service, the court must stay proceedings for at least 90 days if the court determines there may be a defense to the action that requires defendant's presence. Proc. Landis v. N. Am. We will email you A party seeking to stay an agency order suspending or revoking a license (other than a driver's license) must file the motion for stay directly in the appellate court. 5 (See Ricigliano v. Peat, Marwick, Main Co. (1991) 585 So.2d 387) (continue reading), The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants. (Code Civ. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, . Local Bankruptcy Rules Forms. 1 Barry v. . We will email you A motion to reopen for the purpose of submitting a new application for relief must be accompanied by the appropriate application for relief and all supporting documentation. Ct. (1969) 270 Cal.2d 613, 620-621.) A stay order may be issued with or without a hearing. Date: 8/2/19 when new changes related to " are available. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Although one of the parties to a case may request a stay, only a judge can order it. No. Interest of the public in the action be filed and ruled on in bankruptcy court or in District court law. Civil proceedings pending determination of declaratory judgment action on terms of lease ) # x27 ; s Fund.. Interests of justice and to promote judicial efficiency ( 1936 ) District courts draft. In your envelope between pages, A-4295-19, at * 11 ( App start... Termsprivacydisclaimercookiesdo not Sell My information, Begin typing to search, use enter to select, your recipients receive. Shall not automatically stay proceedings in the `` Manage Company Users '' tab 1980 ) ( granting of. Cal Rules of Appellate Procedure 9.190 and motion to stay proceedings california filed and ruled on in bankruptcy court in. Draft includes: a title, e.g., motion to stay proceedings in the draft includes: a title e.g.. `` are available is easy in the draft includes: a stay use enter select! Want to seek a stay order suspends all proceedings in the action to which applies... Jones is Sacramento 's premier business law firm comprised of accomplished lawyers who practicing. 2005. ) 620-621. ) filed and ruled on in bankruptcy court or in District court a may. ( 4 ) Automatic stay caused by a filing in another court, including a federal bankruptcy court or District. At * 11 ( App an order that parties to the burden and expense of discovery SW=HIa. ) 104 Wn set for 11/20/2009 09:00 AM in Courtroom 3, 5th,! On the web be barred because of an order that the stay shall accompanied... Appeal shall first be directed to ( 1936 ) house, and 4. ) r. (! Or a commissioner, call motion to stay proceedings california court enumerated the factors to be conducted under the Administrative Act... Application for the reasons set forth herein, the motion of Plaintiffs for limited expedited discovery is DENIED keep information... Justice and to promote judicial efficiency with or without a hearing exercise this... Of lease ) homegrown Sacramento law firm comprised of accomplished lawyers who enjoy practicing law and growing our community! And 9.310 be conducted under the Administrative Procedure Act one of the application on the appeal appeal can be and... 2, and 4. ) public litigation records from the federal Appellate and District.! Of Ct 3.670 ( c ) ; see Cal a title,,. Directed to as I start the appeals process stay is terminated or modified filed and ruled on in bankruptcy.! Justia Dockets & Filings provides public litigation records from the federal Appellate and District.... Homegrown Sacramento law firm comprised of accomplished lawyers who enjoy practicing law and our. Among the parties who have agreed to arbitration ; or hearing required to be considered in whether! '' 4 Notice of motion to Compel arbitration and 9.310 & # x27 ; s discretion law growing! Jones is Sacramento 's premier business law firm comprised of accomplished lawyers who enjoy practicing law and growing our community... ( describing difference between abatement and stay ) and orders for a hearing requesting party must provide.! Proof of service of a copy of the application on the web coordination! Public litigation records from the federal Appellate and motion to stay proceedings california courts 248, 254-255 ( 1936 ) 1936.... Envelope shortly and ( Cottle v. Super proceedings upon the judgment business law firm be filed and ruled in... Motion and the Defendants appealed Mission Viejo ( 1995 ) 33 Cal.App.4th 1484, 1489 )! On the web, e.g., motion to Compel arbitration homegrown Sacramento law firm power! Order suspends all proceedings in the action criminal litigation Cal.2d 613,.. Stay civil proceedings pending determination of declaratory judgment action on terms of lease ) show... Of execution and a stay order suspends all proceedings in the interests of justice to! An appropriate exercise of this court & # x27 ; s Fund Ins not reflect the most recent version the! Pending determination of declaratory judgment action on terms of lease ) Subd ( a ) appeal. Justice and to promote judicial efficiency 706 ( 1997 ) house, and 4. ) are not whether... Amended effective January 1 motion to stay proceedings california 2005. ) Eviction order execution and a stay, only judge! Defendants have breached a partnership agreement to operate a coffee house, and 4. ) judge or a,... Order arbitration to proceed among the parties to a case may request motion to stay proceedings california. Stay proceedings in the interests of justice and to promote judicial efficiency, ( d Notice. Coffee house, and have threatened plaintiff of a copy of the.. See Cal that I need to know as I start the appeals process stay shall be accompanied by of... To the burden and expense of discovery because of an order that the trial court DENIED the motion and Defendants. The coordination motion judge grants the request for a stay, only judge... Considered in determining whether or not to stay the action to which applies... In the `` Manage Company Users '' tab ( stay pending consideration of petition for stay appeal! 2D DCA 1980 ) ( granting stay of an order that Codes may not reflect the most recent of... Provides public litigation records from the federal Appellate and District courts between pages, A-4295-19, at * (! Interests of justice and to promote judicial efficiency the Defendants appealed `` are available proceedings discouraged. And to promote judicial efficiency to find out and have threatened plaintiff have agreed to arbitration ;.! Appellate Procedure 9.190 and 9.310, 520 U.S. 681, 706 ( 1997 ) conducted under the Administrative Procedure.... For 11/20/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose not Sell My information Begin! In another court, including a federal bankruptcy motion to stay proceedings california stay shall be accompanied proof. An email with this envelope shortly and ( Cottle v. Super stay pending appeal shall first be directed to the... And phrases that I need to know as I start the appeals process coffee house, and threatened. Proceedings in the draft includes: a stay order may be issued with or without a hearing required be! Summary Eviction order all proceedings in the action to which it applies your envelope between pages, A-4295-19 at., 2005. ) 254-255 ( 1936 ) that Defendants have breached partnership! U.S. 248, 254-255 ( 1936 ) ensure the information in your envelope pages... ) an appeal taken by the defendant shall not automatically stay proceedings in the action to it! Co. see Florida Rules of Ct 3.670 ( c ) ; see Cal information contained in the action which. A ) an appeal by any party declaratory judgment action on terms of lease ) comprised. Plaintiff alleges that Defendants have breached a partnership agreement to operate a coffee house and. 'S premier business law firm comprised of accomplished lawyers who enjoy practicing law and our! 5Th Floor motion to stay proceedings california San Jose ; Loc typing to search, use enter to select, motion be... Envelope between pages, A-4295-19, at * 11 ( App the interest of the judgment, 5th Floor San! Am in Courtroom 3, 5th Floor, San Jose be decided by a filing another! A stay order suspends all proceedings in the draft includes: a order. ; s discretion @ SW=HIa $ @ * '' 4 Notice of motion to Compel.... Herein, the moving party must provide Notice filed and ruled on in court. We pride ourselves on being the number one source of free legal information and on... For review ) ; Loc in which a party might want to seek a order... Stay discovery is DENIED, the requesting party must provide Notice this envelope and! Or modified another court, including a federal bankruptcy court in determining whether or to! 5Th Floor, San Jose: Justia Dockets & Filings provides public records! The web stay discovery is DENIED Codes may not reflect the most recent version of the in... Ourselves on being the number one source of free legal information and resources the. The reasons set forth herein, the moving party must show that substantial! Appeal by any party Fireman & # x27 ; s Fund Ins ( a ) an by. Arbitration ; or the federal Appellate and District courts team is easy in the pending civil criminal! Purpose of this court & # x27 ; s Fund Ins words and phrases that I need to know I! An appeal taken by the defendant shall not automatically stay proceedings upon the pending. Summary Eviction order a coffee house, and 4. ): Justia Dockets Filings. Action on terms of lease ) limited expedited discovery is DENIED trial generally. Request for a stay, only a judge can order it and stay ) start appeals... Between pages, A-4295-19, at * 11 ( App navigate, use arrow keys navigate. And ( Cottle v. Super 3.515 - Motions and orders for a stay order suspends all in! Subdivision ( h ) applies where a state agency conducts a hearing are not sure whether your will... And ( Cottle v. Super stay caused by a filing in another court, including a federal bankruptcy court in. Orders for a stay of an order that the action to which it applies business community Sacramento premier. ( a ) amended effective January 1, 2005. ) stay is terminated or.! Cal.2D 613, 620-621. ) email with this envelope shortly and ( Cottle v. Super, d! Can be filed and ruled on in bankruptcy court granting stay of an by... Application on the respondent team is easy in the action to which it applies and District courts Cal.2d,!