I am being sued by my Homeowners' Association and they are running legal costs through the roof with motions, depositions, etc. I have filed a complaint against the HOA with HUD, alleging that they have denied my request for reasonable accommodation needed due to my disability. My case has been accepted by HUD and will be investigated, mediated, and tried in Federal Court if necessary, without charge to me. Since the subject of both cases is the same, and parties are the same, I would like to ask the State Court to require that all legal actions be put on hold until a decision is reached in Federal Court. Any ruling by State Court would be overturned if the Federal Court issues a contradictory ruling, so it is logical. Of course that would also save me a lot of money.
According to your post your case is merely at the investigation stage with respect to your claim. I strongly doubt that would cause any court to stay proceedings that have already commenced. If you have not already done so, I urge you to seek legal counsel.
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It is possible, depending upon the evidence and arguments which you provide to the state court as to why the entire state court action should be stayed pending an outcome of the federal case. It does not sound like a federal court action has yet commenced though, so your chances of prevailing on a motion to stay would be pretty small.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
5 lawyers agree
i agree with the other counsel's responses. You need to have a good faith basis for the state court to stay their case pending the result of the federal case.
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.
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