The moving party defendant sought a stay of proceedings, alleging the responding party plaintiff committed an abuse of process.
The original plaintiff assigned the action to a related corporation shortly before going bankrupt, but the plaintiff's former lawyer inadvertently failed to obtain an Order to Continue for over two years, continuing to litigate in the original plaintiff's name.
The moving party argued this delay prejudiced its ability to acquire the cause of action from the bankruptcy trustee.
The court dismissed the motion, finding the delay was due to the lawyer's inadvertence rather than intentional misconduct, and that the moving party suffered no prejudice as it failed to pursue its rights when it eventually learned of the assignment.
