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Civil Practice – Stay – Federal Law Suit – Substantially Similar (access required)

Manuel v. Gembala Plaintiffs have filed similar actions against defendant in both federal and state court, alleging a “mortgage modification” scam. The federal suit was filed first. On defendant’s motion to stay the state court action, the trial court considered plaintiffs’ access to the federal court to hear their state law claims, the nature of the case, the choice of forum by plaintiffs, and the practical consideration of judicial economy. These factors support the trial court’s decision to grant defendant’s motion to stay.

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