Court Of Appeal Orders Trial Court To Vacate Erroneous Stay Order

Plaintiffs opted out of a consumer class action to pursue individual relief. The trial court, however, mistakenly believed that plaintiffs were still members of the class. During the hearing on defendant’s demurrer, the trial court stayed the case on its own motion, refusing to hear any argument or explanation from either side.  Representing the plaintiffs on appeal in their writ petition, GMSR argued that the stay order was an abuse of the trial court’s discretion.  The Court of Appeal agreed.  It reversed the order, clearing the way for the case to move forward.

Court of Appeal Opinion – View Document