Judge: John B. Scherling, Case: 37-2021-00031697-PR-TR-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - October 26, 2023

10/27/2023  02:00:00 PM  502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate  Trust Proceedings Summary Judgment / Summary Adjudication (Probate) 37-2021-00031697-PR-TR-CTL IN RE THE BETTY THOMAS TRUST [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 06/08/2023

Pursuant to San Diego County Superior Court Local Rules, rule 4.23.7, the court's tentative ruling is as follows: The Motion for Summary Judgment is taken off calendar.

On June 8, 2023, Bruce E. Thomas ('Respondent') filed a Notice of Motion and Motion for Summary Judgment with a supporting declaration and exhibits. (ROA 131, 132.) Although the Notice of Motion refers to a memorandum of points and authorities, there is no proper memorandum of points and authorities, no separate statement of undisputed material facts, and no evidence filed in support of the motion as required by CRC 3.1350(c). To the extent the memorandum of points and authorities consists of the arguments made in the Notice of Motion, the memorandum is deficient and fails to comply with CRC 3.1113(a). (Cal. Rules of Court, rule 3.1113(a) ['A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported']; Cal. Rules of Court, rule 3.1113(b) ['The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.'].) Therefore, the motion is procedurally deficient and a determination on the merits of the motion cannot be made.

Further, the proof of service attached to Respondent's declaration states that '[s]uch process of service consists of a court record entitled Motion For [sic] Summary Judgment,' with service allegedly made on attorney Grossman, counsel for Trustee David Purcell. (ROA 132.) The proof of service does not specify what documents were served. Thus, the proof of service is deficient, and whether opposing party was properly served with all the motions papers is not established.

Therefore, based on the defects noted, the Court takes the motion off calendar.

Respondent Bruce E. Thomas is directed to serve notice of ruling in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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