Rule 3.515. Motions and orders for a stay
(a) Motion for stay
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. 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.
(Subd (a) amended effective January 1, 2005.)
(b) Contents of motion
A motion for a stay order must:
(1)List all known pending related cases;
(2)State whether the stay order should extend to any such related case; and
(3)Be supported by a memorandum and by declarations establishing the facts relied on to show that a stay order is necessary and appropriate to effectuate the purposes of coordination.
(Subd (b) amended and lettered effective January 1, 2005; adopted as part of subd (a).)
(c) Service requirements for certain motions for stay orders
If the action to be stayed is not included in the petition for coordination or any response to that petition, the motion for a stay order and all supporting documents must be served on each party to the action to be stayed and any such party may serve and submit opposition to the motion for a stay order.
(Subd (c) amended and lettered effective January 1, 2005; adopted as part of subd (a).)
(d) Opposition to motion for stay order
Any memorandums and declarations in opposition to a motion for a stay order must be served and submitted within 10 days after service of the motion.
(Subd (d) amended and lettered effective January 1, 2005; adopted as part of subd (a).)
(e) Hearing on motion for stay order
A stay order may be issued with or without a hearing. A party filing a motion for a stay order or opposition thereto may request a hearing to determine whether the stay order should be granted. A request for hearing should be made at the time the requesting party files the motion or opposition. If the coordination motion judge grants the request for a hearing, the requesting party must provide notice.
(Subd (e) amended and lettered effective January 1, 2005; adopted as part of subd (a).)
(f) Determination of motion for stay order
In ruling on a motion for a stay order, the assigned judge must determine whether the stay will promote the ends of justice, considering the imminence of any trial or other proceeding that might materially affect the status of the action to be stayed, and whether a final judgment in that action would have a res judicata or collateral estoppel effect with regard to any common issue of the included actions.
(Subd (f) amended and relettered effective January 1, 2005; adopted as subd (e).)
(g) Issuance of stay order and termination of stay
If a stay order is issued, the party that requested the stay must serve and file a copy of the order in each included action that is stayed. Thirty or more days following issuance of the stay order, any party that is subject to the stay order may move to terminate the stay.
(Subd (g) amended and relettered effective January 1, 2005; adopted as subd (b).)
(h) Effect of stay order
Unless otherwise specified in the order, a stay order suspends all proceedings in the action to which it applies. A stay order may be limited by its terms to specified proceedings, orders, motions, or other phases of the action to which the order applies.
(Subd (h) amended and relettered effective January 1, 2005; adopted as subd (c).)
(i) Effect of absence of stay order
In the absence of a stay order, a court receiving an order assigning a coordination motion judge may continue to exercise jurisdiction over the included action for purposes of all pretrial and discovery proceedings, but no trial may be commenced and no judgment may be entered in that action unless trial of the action had commenced before the assignment of the coordination motion judge.
(Subd (i) amended and relettered effective January 1, 2005; adopted as subd (d); previously amended effective July 1, 1974.)
(j) Effect of stay order on dismissal for lack of prosecution
The time during which any stay of proceedings is in effect under the rules in this chapter must not be included in determining whether the action stayed should be dismissed for lack of prosecution under chapter 1.5 (§ 583.110 et seq.) of title 8 of part 2 of the Code of Civil Procedure.
(Subd (j) amended and relettered effective January 1, 2005; adopted as subd (f); previously amended effective January 1, 1986.)
Rule 3.515 renumbered effective January 1, 2007; adopted as rule 1514 effective January 1, 1974; previously amended effective July 1, 1974, January 1, 1986, and January 1, 2005.