RAY, et al. vs GATZ, et al.

25CV159148: RAY, et al. vs GATZ, et al. 07/30/2026 Hearing on Motion for Attorney Fees filed by Elise M. Balgley (Defendant) CRS# 350083477405 in Department 517

Tentative Ruling - 07/24/2026 Keith Fong

Defendant Elise Bagley moves for attorneys’ fees pursuant to C.C.P. § 425.16(c) regarding the Court’s April 29, 2026 Order granting Defendant’s Anti-SLAPP Motion to Strike. The motion was filed on May 11, 2026.

However, on May 6, 2026, Plaintiffs filed a Notice of Appeal regarding the April 29, 2026 Order.

The perfecting of an appeal stays proceedings in trial court upon the judgment or order appealed from or upon matters embraced therein and affected thereby. (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 189.) The automatic stay protects the appellate court’s jurisdiction by preserving the status quo until the appeal is decided. (Id.) Even when there is no “automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” (Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039.)

In the interests of judicial economy, the Court exercises its discretion to defer ruling on the fee motion until resolution of the appeal.

HOW DO I CONTEST A TENTATIVE RULING?

THROUGH ECOURT

Notify the Court and all the other parties no later than 4:00 p.m. (but by Noon if possible) at least one (1) court day before the scheduled hearing, and briefly identify the issues you wish to argue through the following steps: 1. Log into eCourt Public Portal 2. Case Search 3. Enter the Case Number and select "Search" 4. Select the Case Name 5. Select the Tentative Rulings Tab 6. Select "Click to Contest this Ruling" 7. Enter your Name and Reason for Contesting 8. Select "Proceed"

BY EMAIL Send an email to the DEPARTMENT CLERK and all the other parties no later than 4pm (but by Noon if possible) at least one (1) court day before the scheduled hearing.