Motion: by class for order issuing OSC re: contempt
Tentative Ruling:
To deny without prejudice.
Explanation:
1. Jurisdiction to Hear Motion
It is necessary to consider whether or not the order of reference is an appealable order so as to avoid proceedings which might affect the outcome of an appeal. Code of Civil Procedure section 916(a). If the order of reference is an appealable order, then proceeding with the reference itself would violate the stay imposed where an appeal is proceeding, as the reference is designed to render recommendations which the Court may or may not adopt, after which further orders leading to a final judgment on the amount of restitution are to follow.
NATC’s actions are inconsistent with its current position that the reference order was an appealable order and that it did appeal that order. It filed a notice of appeal on December 20, 2016 that did not mention the reference order. (Exhibit E to Artenian Declaration.) It also filed a petition for a writ of pro
Hearing Date
August 29, 2017
Type
42 Unlimited - Other Complaint (not specified)
For full print and download access, please subscribe at https://www.trellis.law/.
Motion: by class for order issuing OSC re: contempt
Tentative Ruling:
To deny without prejudice.
Explanation:
1. Jurisdiction to Hear Motion
It is necessary to consider whether or not the order of reference is an appealable order so as to avoid proceedings which might affect the outcome of an appeal. Code of Civil Procedure section 916(a). If the order of reference is an appealable order, then proceeding with the reference itself would violate the stay imposed where an appeal is proceeding, as the reference is designed to render recommendations which the Court may or may not adopt, after which further orders leading to a final judgment on the amount of restitution are to follow.
NATC’s actions are inconsistent with its current position that the reference order was an appealable order and that it did appeal that order. It filed a notice of appeal on December 20, 2016 that did not mention the reference order. (Exhibit E to Artenian Declaration.) It also filed a petition for a writ of pro