Wirija
Wirija v. Superior Court CA2/7
Opinion
Opinion
INTRODUCTION
In November 2021, a car struck and killed Yangyang Liu while she was crossing South Allen Avenue in Pasadena. In August 2022, Liu’s husband, Joseph Wirija, and her parents, Ansheng Liu and Lele Chen (collectively, Petitioners), brought a wrongful death and survival action against the driver, Austin Nok Lum Wong, and the City of Pasadena (the City). Wong was criminally charged for Liu’s death in January 2023 and pleaded no contest to vehicular manslaughter in June 2023. The same week as Wong’s plea, Petitioners moved to depose Wong in their civil case. Wong objected on Fifth Amendment grounds and sought an order from the superior court staying discovery, arguing that he retained his privilege against self-incrimination until his sentencing. After a hearing, the superior court stayed all proceedings against all parties, including the City, until Wong’s sentencing on July 12, 2024. The superior court subsequently extended this stay to October 8, 2024.
2 Petitioners filed a petition for writ of mandate in this court seeking an order lifting the stay. We now grant the petition and direct the superior court to lift the stay forthwith.