Judge: Joel R Wohlfeil, Case: 37-2019-00054078-CU-BC-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 02, 2024

04/05/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2019-00054078-CU-BC-CTL ERIC WYSER CHARITABLE REMAINDER UNITRUST VS ANAKAR [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Leave to Amend, 02/08/2024

1. The Motion (ROA # 229) of Plaintiffs ERIC WYSER CHARITABLE REMAINDER UNITRUST, THE CELEBRITY FOUNDATION FOR CHILDREN and AMERICAN POLO ASSOCIATION, LLC, and proposed Plaintiff MICHAEL P. FARAH ('Plaintiffs') for an order for leave to file an Amended and Restated Complaint, nunc pro tunc, pursuant to Code of Civil Procedure Section 473(a)(1 ), for the limited purpose of substituting Farah, in his capacity as the duly appointed Trustee of the Wyser Trust, as the Plaintiff in this action in place and stead of Plaintiff Wyser Trust, is GRANTED.

Plaintiffs' Request (ROA # 231) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of nos. '2 - 5 and 7' and the date only on which no. 6 was filed with the Court; otherwise, the Request is DENIED.

Plaintiffs are ordered to immediately file and serve an exact copy of the Amended and Restated Complaint for Money Damages that is currently attached as 'Exhibit A' to the declaration of Gregory S.

Page so that the amended pleading can be given a separate Register of Action number.

The Court received and considered the declaration of Defendant that was filed in opposition to this Motion. Defendant will not be prejudiced by this amendment. Defendant's petition for rehearing of the appellate action was denied and the appellate case is now final.

This amendment is proper given the Court of Appeal opinion in Case No. D081157 in which it remanded this case with directions. This remand was based on the finding that the trustee, not the trust, is the real party in interest with standing to prosecute this action.

_____ 2. The Motion (ROA # 224) of Plaintiffs ERIC WYSER CHARITABLE REMAINDER UNITRUST, THE CELEBRITY FOUNDATION FOR CHILDREN and AMERICAN POLO ASSOCIATION, LLC, and proposed Plaintiff MICHAEL P. FARAH ('Plaintiffs') for an order instructing the Clerk of the Court to file and enter Plaintiffs' new proposed Judgment, Nunc Pro Tunc, effective as of January 30, 2023, which is the date Plaintiffs' Amended Judgment on Trial by Court was filed and entered in this action, is GRANTED.

Plaintiffs are ordered to submit a copy of the new proposed Judgment for the Court's signature.

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3087463 CASE NUMBER: CASE TITLE:  ERIC WYSER CHARITABLE REMAINDER UNITRUST VS ANAKAR  37-2019-00054078-CU-BC-CTL The newly amended judgment is submitted for the limited purpose of substituting Farah, in his capacity as the duly appointed and acting Trustee of the Wyser Trust, as Plaintiff and judgment creditor in this action.

This amendment is proper given the Court of Appeal opinion in Case No. D081157 in which it remanded this case with directions. This remand was based on the finding that the trustee, not the trust, is the real party in interest with standing to prosecute this action. The amended judgment is necessary to correct this error, and to conform to the Amended and Restated Complaint.

Defendant will not be prejudiced by this amendment. Defendant's petition for rehearing of the appellate action was denied and the appellate case is now final.

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3087463