Judge: Blaine K. Bowman, Case: 37-2021-00007559-CU-OR-NC, Date: 2023-11-30 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - November 08, 2023

11/09/2023  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2021-00007559-CU-OR-NC DIEFENDERFER VS MALLINCKRODT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 10/27/2023

The Motion for an Order Defendant Pay Retroactive Rent and Final Accounting brought plaintiff Robert Diefenderfer (Defendant) is GRANTED. The matter has been properly noticed (pursuant to an ex parte request and order shortening time), with proof of service on file. The motion is unopposed. Failure to oppose constitutes a waiver and/or admission that a motion is meritorious.

However, the Court notes that the narrative told in the briefing describes that the property in question has not actually been sold – it appears to be in escrow with a second buyer (after a previous escrow fell through). Because escrow has not closed on the deal, the Court rejects the labeling of this motion, and in any subsequent order, that this be a 'Final' accounting, since 'final' accounting cannot be done unless and until a sale is completed.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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