Skip to main content

Can all actions in a State of California litigation be put on hold pending the outcome of a case in Federal Court?

Sacramento, CA |
Filed under: Civil motions

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.

Attorney Answers 3


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.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful

6 lawyers agree


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 posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Mark as helpful

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.

Mark as helpful

2 lawyers agree

Civil motions topics

Recommended articles about Civil motions

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics