Dale Sundby and Edith Littlefield Sundby; Dale Sundby and Edith Littlefield Sundby, Trustees v. Fidelity National Title Company; and Does 1-X, inclusive
- Proceeding
- district
- Area
- civil
- Panel
- Gonzalo P. Curiel (author)
Analysis
The court reviewed the status of a stay of proceedings that was previously imposed pending the outcome of a related Ninth Circuit appeal. The court ordered the stay lifted because the Ninth Circuit had affirmed the district court's decision and issued its mandate.
| What the court decided | The model |
|---|---|
Lift the stay of proceedings“As the Ninth Circuit has now issued its decision, the Court lifts the stay of proceedings in this case.” | agree with court The stay was explicitly conditioned on the outcome of the appeal in case No. 23-55659. The order recites that the Ninth Circuit affirmed the decision and issued a mandate on October 14, 2025. Therefore, the condition for the stay has been satisfied, and lifting the stay is the correct procedural step to resume the case. |
The order itself: sound — The order is procedurally sound. It correctly identifies the basis for the stay (the pending appeal) and the event that triggered the lifting of the stay (the issuance of the mandate following the affirmance). No substantive legal analysis is required for a procedural order lifting a stay based on the completion of the condition precedent.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DALE SUNDBY and EDITH Case No.: 23-CV-01239-GPC-AHG LITTLEFIELD SUNDBY; DALE 12 SUNDBY and EDITH LITTLEFIELD ORDER LIFTING STAY 13 SUNDBY, Trustees, [ECF 96] 14 Plaintiffs, 15 v. 16 FIDELITY NATIONAL TITLE COMPANY; and DOES 1-X, inclusive, 17 Defendants. 18 19 On September 19, 2023, this Court issued a Sua Sponte Stay of Proceedings pending 20 the outcome of Plaintiff Sundby’s appeal to the Ninth Circuit in an alternate case, appellate 21 case number 23-55659. ECF No. 96. The Ninth Circuit has since affirmed this Court’s 22 decision, In re Sundby, No. 23-55659, 2025 WL 1794429 (9th Cir. June 30, 2025), issuing 23 a formal mandate on October 14, 2025. 24 As the Ninth Circuit has now issued its decision, the Court lifts the stay of 25 proceedings in this case. 26 IT IS SO ORDERED. 27 1 Dated: November 14, 2025 2 sale Ok 2 Hon. Gonzalo P. Curiel 3 United States District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ° 92 OV N1920 ALM