Motion for reconsideration; Motion for leave to file fourth amended complaint
Case: Zhou v. Hotel Winters, LLC Case No. CV2022-1963 Hearing Date: July 24, 2026 Department Eight 1:30 p.m.
Plaintiff Xinyao Zhou’s motion for reconsideration and motion for leave to file fourth amended complaint are STAYED, pending resolution of plaintiff’s appeal, filed on June 25, 2026, Third District Court of Appeal Case No. C106663. (Code Civ. Proc., §§ 1008, subd. (a), 473, 576; Cal. Rules of Court, rule 3.1324.) As plaintiff’s motions involve matters embraced by the pending appeal, the Court does not have jurisdiction to rule on the motions. (Code Civ. Proc., § 916; Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 196-200; see also OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141 [“A court ordinarily has inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.”], citation and brackets omitted.)
The Court sets a review hearing re stay for October 16, 2026, at 9:00 a.m. in Department Eight.
The notices of motion do not provide notice of this Court’s tentative ruling system as required by Local Rule 11.2(b). Counsel for moving party, or the moving party if unrepresented by counsel, is ordered to notify the opposing party or parties immediately of the tentative ruling system.
If no hearing is requested, and no party appears at the hearing, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.
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