Legal Question in Business Law in California

I am having a time because of the many terms that are in the law dictionary regarding the word stay. I am needing a clear cut definition of this court order. I am guessing myself that it means that they shall remain as was, tell me in your words how you define this phrase in a minute order.

"All action in any partnerships agreed to be dissolved is stayed."


Asked on 6/08/10, 12:40 pm

4 Answers from Attorneys

GianDominic Vitiello Katchko, Vitiello & Karikomi, PC

When the Court uses "stay" in this context it usually means "temporarily haulted by order of the Court".

In the example you have provided, it would mean that all actions (law suits, court ordered dissolutions, etc.) are temporarily haulted.

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Answered on 6/08/10, 3:57 pm

Correct, and potentially even broader than that, look to the context of the Court order.

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Answered on 6/08/10, 4:12 pm
Anthony Roach Law Office of Anthony A. Roach

It means that nothing should be going on in the case right now. None of the parties should be conducting any discovery, filing any motions, or conducting any litigation in that case until the stay is dissolved. It is like a "freezing" of the case.

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Answered on 6/08/10, 4:29 pm

I'm astounded at the lousy lawyering you are getting here. The language you quote does not lend itself to any of the interpretations you have been given. It says all actions "in any partnerships agreed to be dissolved" are "stayed." It says absolutely nothing about legal actions being stayed against or involving the partnerships. My best guess is that the partners and the partnerships are ordered not to proceed with any action toward the agreed dissolutions. But that is just a guess. Unlike my foolish colleagues I would not ever tell you what a single sentence of an order means without reading the entire order. And even then I might need to read the pleadings to fully undertand the order.

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Answered on 6/08/10, 11:29 pm


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