Hernandez
Hernandez v. United States of America
Opinion
Trial Court Opinion
BACKGROUND
23 This action arises out of an accident involving an employee of the United States 24 Postal Service and Sergio Mora Hernandez (“Decedent”). (Doc. No. 1 ¶ 1.) As alleged in 25 the complaint, Ericka Marie Dotson “drove her vehicle into Decedent’s lane of travel and 26 directly into the path of Decedent’s plainly visible oncoming vehicle.” (Id. ¶ 2.) On May 27 20, 2019, Dotson was charged with one count of vehicular manslaughter. (Id. ¶ 3.) The 28 criminal action is currently pending in the Superior Court in the matter captioned The People of the State of California v. Ericka Marie Dotson, Case No. CN400344. (Doc. No. 11 at 3.) The matter is set for trial on January 13, 2020. (Doc. No. 19 at 4.) On October 4, 2019, Defendant filed the present motion to stay the entire civil action pending conclusion of criminal proceedings. (Doc. No. 11.) This Order follows. LEGAL STANDARD The Constitution does not require a stay of civil proceedings until the conclusion of criminal proceedings. Keating v. Office of Thrift Supervision, 45 F.3d 322, 324 (9th Cir. 1995) (citing Federal Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d…