Judge: James A. Mangione, Case: 37-2024-00000566-CU-MC-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 26, 2024

04/26/2024  02:30:00 PM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2024-00000566-CU-MC-CTL BOIKO VS MORRIS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Sandra J. Morris, Executor of the Estate of Gary D. Aronson's Demurrer is sustained without leave to amend.

As noted by the parties, this case is simultaneously being adjudicated in two Probate matters before the Court. Although brought as a creditor claim pursuant to Probate Code § 9000 et seq., Plaintiffs concede their claims are 'fundamentally claims for distributions from the Gary D. Aronson Trust'. (Compl. ¶ 6.) As Plaintiffs are not creditors, they cannot pursue a creditor claim.

Furthermore, and more importantly, the claims raised in the Complaint relate to loan payments between Decedent and Rejuvenation Therapeutics, Inc. ('RTX'). Plaintiffs interest in the disputed assets is derived solely from their interest in RTX. Therefore, Plaintiffs are attempted to obtain assets on behalf of RTX. This type of action would properly be brought as a derivative claim, with Plaintiffs acting as shareholders. Because Plaintiffs do not have an interest in the disputed assets independent from the interest of RTX, they cannot pursue these claims on an individual basis. And they cannot amend to bring a derivative claim because they have failed to meet the prerequisites for such a suit. As Plaintiffs concede, this is ultimately an issue of asset distribution, which is more appropriately addressed in the pending Probate matters.

All requests for judicial notice are granted.

This case is dismissed with prejudice and all future hearing dates are vacated.

The minute order is the order of the Court.

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