JESSICA DIANE WALKER v. YUBA CITY, et al.
JESSICA DIANE WALKER v. YUBA CITY, et al.
Trial Court Opinion
1 DERICK E. KONZ, ESQ., SB No. 286902 Email: [email protected] 2 ANGELO, KILDAY & KILDUFF, LLP 3 Attorneys at Law 601 University Avenue, Suite 150 4 Sacramento, CA 95825 Telephone: (916) 564-6100 5 Telecopier: (916) 564-6263
6 Attorneys for Defendants CITY OF YUBA CITY, YUBA CITY POLICE DEPARTMENT, D. 7 PELECHOWICZ, and J. HARDISON
8 UNITED STATES DISTRICT COURT 9
10 EASTERN DISTRICT OF CALIFORNIA
11 JESSICA DIANE WALKER, ) Case No.: 2:25-cv-02378-DJC-CKD ) 12 Plaintiff, ) STIPULATION TO STAY ALL 13 ) PROCEEDINGS DURING PENDENCY vs. ) OF PLAINTIFF’S CRIMINAL CASE; 14 ) ORDER 15 YUBA CITY, et al. ) ) 16 Defendants. ) ) 17
18 Plaintiff filed this action on August 20, 2025, alleging that her state and federal rights were 19 violated during a July 10, 2024 traffic stop conducted by officers from the Yuba City Police 20 Department. ECF No. 1. The parties do not dispute that there is a pending criminal case against 21 Plaintiff in the Superior Court of California, County of Sutter involving the same incident (Case 22 No. CRM24-0002077). Cal. Govt. Code section 945.3 prohibits a civil action against a peace 23 officer or public entity while a criminal case involving the same incident is “pending before a 24 superior court.” See also Carrillo v. Cty. of Siskiyou,
2008 U.S. Dist. LEXIS 120216, at *5 (E.D. 25 Cal. Apr. 14, 2008) (it is within the court’s power to stay federal claims during the pendency of a 26 criminal action involving the same incident). 27 Accordingly, the parties hereby stipulate to and request a stay of this civil action pending 28 resolution of the criminal action. Within 30 days after resolution of the criminal action, Plaintiff -1- 1 will file a status report requesting that the Court lift the stay. Within 30 days after the Court issues 2 an order lifting the stay, the Defendants will file a responsive pleading. 3 SO STIPULATED. 4 5 Dated: November 13, 2025 ANGELO, KILDAY & KILDUFF, LLP
6 /s/ Derick E. Konz 7 By:_________________________________ Derick E. Konz 8 Attorney for Defendants
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11 Dated: November 13, 2025 Beauchamp and Smith Law Firm, P.C.
12 /s/ Patrick Beauchamp 13 (Authorized on 11/13/25) By:_________________________________ 14 Patrick Beauchamp Attorney for Plaintiff 15
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26 27 28 -2- 1 ORDER 2 Upon stipulation of the parties and good cause appearing, the Court: 3 1. Stays all proceedings in this action pending resolution of Plaintiff’s criminal action; 4 2. Orders Plaintiff to file a status report requesting that the Court lift the stay within 30 5 days after resolution of the criminal action; 6 3. Orders Defendants to file a responsive pleading within 30 days after the Court issues 7 an order lifting the stay; and 8 4. Directs the Clerk of Court to administratively close this case. 9 10
11 Dated: November 13, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA 12 UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-
Reference
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