California Court of Appeal

Plaintiff's petition for writ of mandate is granted as the trial court erred in issuing a stay of a declaratory relief action as there are no issues which would overlap with the issues to be litigated in the underlying action, and it is premature to consider any issues which may be raised in a bad faith counterclaim which has not yet been filed.

Appellate Information

• Decided 10/09/2009
• Published 10/09/2009

Judges

• CROSKEY, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Duane Morris, Yvette D. Roland, Katherine L. Nichols, Los Angeles, and William J. Baron, San Francisco, for Petitioner., Caufield & James, Jeffery L. Caufield and Ken E. James, San Diego, for Real Parties in Interest, Angeles Chemical Company, Inc., John Locke and Janyce Locke., Law Offices of Timothy C. Cronin, Timothy C. Cronin and Peter D. Nitschke for Real Parties in Interest, Robert Berg, Donna Berg, Pearl Rosenthal and the Estate of Arnold Rosenthal.