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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29985
Experience:  Lawyer
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What happens to a judgment that has been stayed pending the

Customer Question

What happens to a judgment that has been stayed pending the outcome of a related case if the final judgment filed in that case is adverse to the stayed judgment's case?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: The stayed judgment has not been filed, but the other one has.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The stayed judgment that has not been filed. The other has. The stayed judgment nullified a referendum against a hotel project which the City Council repealed totally after the referendum was filed. The repeal was never rescinded. The related case was a Writ of Mandate against the project, except the MND.
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

Does the stayed judgment benefit you? Meaning, are you trying to get it vacated or enforced? Is the same judge presiding over both cases?

Customer: replied 11 months ago.
The same judge presided over both. I want to know if it is now moot, given the fact that the underlying project on which it was based has been invalidated by Writ of Mandate. The judgment upholding the Writ has been filed. The stayed judgment has not. The benefit is to our city. I would not benefit personally.
Expert:  Lucy, Esq. replied 11 months ago.

If the second judgment invalidated the project that the first case was based on, then it sounds like the first case is moot. You can file a Motion to Vacate Judgment, pointing that out. Even though it's the same judge and he should know what the second case says, attach a copy of the judgment so he doesn't have to look for it when reading your motion. The judge should vacate the judgment and then dismiss the case with prejudice.

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Expert:  Lucy, Esq. replied 11 months ago.

Do you have any other questions about this?