Judge: Daniel S Belsky, Case: 37-2022-00000617-PR-TR-CTL, Date: 2023-09-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - September 20, 2023

09/21/2023  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

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Probate  Trust Proceedings Motion Hearing (Probate) 37-2022-00000617-PR-TR-CTL IN RE THE MATTER OF SHEK FOO HOM AND SUEY WAN HOM LIVING TRUST UDT DATED JANUARY 14, 2002 IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 07/05/2023

Pursuant to Superior Court of San Diego County, Local Rules, rule 4.23.7, the court's tentative ruling is as follows: The Motion to Compel Performance of Trustee is DENIED without prejudice.

BACKGROUND This case involves the Shek Foo Hom and Suey Wan Hom Living Trust dated January 14, 2002 ('Trust'). Trustors Shek Foo Hom and Suey Wan Hom are deceased. Dana Hom, the moving party, and Betty Hom, the trustee ('Trustee'), are trustor's children and beneficiaries under the Trust.

On January 5, 2022, Dana Hom ('Petitioner') filed a Petition for Removal of Trustee. (ROA 1.) After several continuances, this petition was taken off calendar on September 14, 2022. (ROA 16; see also ROA 10, 14, 15.) On July 5, 2023, Petitioner filed the instant motion to compel the trustee to perform her duties. (ROA 19.) DISCUSSION The motion fails to comply with CRC 3.1110 and 3.1112 and CCP § 1010 because a Notice of Motion was not filed. (Cal. Rules of Court, rule 3.1110(a) ['A notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.']; Cal. Rules of Court, 3.1112(a) ['Unless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least ...' a notice of hearing on the motion, the motion itself, and a memorandum of points of authorities in support of the motion.]; CCP § 1010 ['Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the papers, if any, upon which it is to be based.']) Therefore, the motion is procedurally deficient and denied on this basis.

On the merits, the motion does not state the legal grounds for the relief sought. The underlying petition was taken off calendar approximately one year ago, in September 2022, but the motion does not explain the failure to prosecute the petition for removal and the propriety of bringing the instant motion. The allegations in the motion are essentially that Trustee is not performing her duties and among other relief, Petitioner seeks Trustee's removal through this motion. (ROA 19, Prayer at p. 5.) However, the motion is Calendar No.: Event ID:  TENTATIVE RULINGS

2995378 CASE NUMBER: CASE TITLE:  IN RE THE MATTER OF SHEK FOO HOM AND SUEY WAN HOM LIVING  37-2022-00000617-PR-TR-CTL devoid of any legal analysis, citation to relevant supporting legal authority, or cogent explanation why the relief sought should be granted. Thus, the motion fails to make a prima facie showing for relief.

The motion is DENIED without prejudice.

Petitioner is directed to serve notice of ruling in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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