Judge: Daniel S Belsky, Case: 37-2022-00010068-PR-LS-CTL, Date: 2023-08-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

CENTRAL COURTHOUSE TENTATIVE RULINGS - August 23, 2023

08/24/2023  02:00:00 PM  504 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Daniel S. Belsky

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Probate  Letters Of Special Administration Motion Hearing (Probate) 37-2022-00010068-PR-LS-CTL ESTATE OF MARY ELLEN CASTRONOVO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 04/26/2023

Pursuant to San Diego Superior Court Rule 4.23.7, the court's tentative ruling is as follows: Samantha Castronovo's Motion to Set Aside the June 28, 2022 Minute Orders and Schedule a New Hearing Date (ROA 70) is denied.

There is no indication that the moving papers have been served. Although the special administrator, Laura Bassett, stipulated to a continuance of the hearing and filed an opposition, the moving party has not established that any of the other parties entitled to notice have been served.

Additionally, the motion seeks relief under Code of Civil Procedure section 473, and such relief must be requested within six months of the challenged order. (CCP § 473(b).) 'This six-month time limitation is jurisdictional; the court has no power to grant relief under section 473 once the time has lapsed.' (Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 928.) The moving party is challenging an order entered on June 28, 2022, and the motion was filed on April 26, 2023, which was almost ten months after the order was entered. The motion is therefore untimely.

The minutes constitute the order of the court, and no formal order is required.

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

IT IS SO ORDERED.

Calendar No.: Event ID:  TENTATIVE RULINGS

2988137