Judge: Deborah C. Servino, Case: 30-2021-01206417, Date: 2022-09-09 Tentative Ruling

The motion by Margarita R. Mazariegos for order appointing her as successor-in-interest of Ovidio Cervando Sanchez Dominguez, deceased, is denied without prejudice.

It does not appear that this motion was properly noticed.  The motion was not accompanied by a proof of service.  No proof of service was filed at least five court days prior to the hearing.  (Cal. Rules of Court, rule 3.1300(c); see (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2022) ¶ 9:15.1 [“CRC 3.1300(c) is mandatory . . . Failure to comply may well result in the court ordering your motion off calendar, without even looking at your papers”].) No opposition or response was filed, suggesting that notice of the motion was not served on Defendants.  Thus, the motion is denied for failure to properly notice the instant motion. 

The motion also has additional irregularities.  The motion does not have the proper case title in the caption.  Instead, Mazariegos has substituted her name in the case title, before her motion was even heard.  In addition, the motion seeks for substitution of Plaintiff “Ovidio Cervando Sanchez Dominguez.”  However, the two Plaintiffs listed in the Complaint filed on June 18, 2021 are Walter Angulo and Ovidio Sanchez.  Plaintiffs have not sought leave to amend Sanchez’s name throughout the Complaint.  (See Code Civ. Proc., § 473.)

Plaintiff Angulo shall give notice of the ruling.