Judge: John B. Scherling, Case: 37-2020-00045647-PR-TR-CTL, Date: 2024-01-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - December 07, 2023

12/08/2023  02:00:00 PM  502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate  Trust Proceedings Motion Hearing (Probate) 37-2020-00045647-PR-TR-CTL IN THE MATTER OF THE LAURA E. DOYLE REVOCABLE DECLARATION OF TRUST DATED AUGUST 13,1993, AS AMENDED [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/18/2023

Pursuant to San Diego County Superior Court Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The Motion to Produce and Transport to Hearing filed by Brendan Doyle (ROA 43) is DENIED as moot in light of the Order to Produce issued on August 24, 2023 (ROA 47).

DISCUSSION On May 26, 2023, Brendan Doyle ('Petitioner') filed a 'Petition to Redress a Breach of trust and enjoin further Breach Probate Code 17200(b)(12),' (Sic.) as amended. (ROA 22, amended at ROA 50.) Barbara Doyle and Theresa Hawkins each filed their own petitions. (See ROA 1, 10).

On August 18, 2023, Petitioner filed the instant motion to produce and transport an inmate to a hearing, requesting an 'order directing the San Diego Sheriff's Department to produce and/or transport the Petitioner to any and all hearings in this matter.' (ROA 43, Mot. at p. 1.) As a preliminary matter, the Court notes there is no proof of service filed showing service of the motion papers on any of the interested parties. Therefore, the motion is procedurally deficient as it fails to comply with CCP § 1005(b) and CRC 3.1300(a) and (b). Indeed, there is no opposition to the motion, or any responsive pleadings, filed by the other parties who have appeared in the case. Thus, the motion may be denied on this basis.

On the merits, on August 24, 2023, the Court issued an Order for Virtual Appearance of Inmate for the hearing on Petitioner's motion on December 8, 2023. (ROA 47.) Virtual appearance is one of the measures available to trial courts to ensure an inmate's meaningful access to the courts under Smith v. Ogbuehi (2019) 38 Cal.App.5th 453, 467, a case on which Petitioner relies. The statutes cited by Petitioner do not provide a legal basis authorizing the physical transportation of an inmate to attend a hearing in Probate matters. Therefore, to the extent the motion seeks an order for the physical transportation of Petitioner to the hearing, the motion is DENIED.

The request to produce Petitioner is DENIED as moot given the order for virtual appearance.

The clerk is directed to serve notice of ruling on all parties.

IT IS SO ORDERED.

Calendar No.: Event ID:  TENTATIVE RULINGS

3012516 CASE NUMBER: CASE TITLE:  IN THE MATTER OF THE LAURA E.

DOYLE REVOCABLE DECLARATION  37-2020-00045647-PR-TR-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

3012516