Judge: John B. Scherling, Case: 37-2022-00005303-PR-LA-CTL, Date: 2023-12-08 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 Letters Of Administration Summary Judgment / Summary Adjudication (Probate) 37-2022-00005303-PR-LA-CTL ESTATE OF MAURICIO ORANTES [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 07/31/2023
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 filed by Michael Orantes (ROA 139) is CONTINUED to January 5, 2024, at 2 p.m.
I. BACKGROUND Mauricio Orantes ('Decedent') died on October 2, 2021. On February 8, 2022, Decedent's daughter, Ena Orantes ('Ena') filed a petition to be appointed as the administrator of Decedent's estate, alleging that Decedent died intestate. (ROA 1.) On May 13, 2022, Decedent's son, Michael A. Orantes ('Michael'), filed an objection to Ena's petition.
(ROA 16.) The objection alleges that Ena's petition only identifies one asset of the estate, which is the real property located at 1702 C Avenue, National City, CA 91950 ('Property'); Decedent transferred the Property to Michael before Decedent's death; and Decedent executed a Will on February 6, 1989 ('1989 Will') which names Michael as the sole beneficiary of Decedent's estate.
Michael filed a competing petition for probate seeking to probate the 1989 Will and to be appointed administrator of Decedent's estate. (ROA 17.) Michael attached a copy of the 1989 Will to his petition and submitted this Will to the Court, which was Deposited with the Court as Will No. D81712.
On June 24, 2022, Ena filed an objection to Michael's petition. (ROA 32.) Ena objects on the grounds that Michael has not deposited an original Will; Michael's petition attaches a copy of Will that is not signed; and the Property was purchased before Decedent's third marriage to Elena Gonzalez Orantes ('Elena,' Decedent's surviving spouse and Michael's mother), making the Property separate property as there is no transmutation deed. Ena demands an evidentiary hearing on these issues.
On May 13, 2022, Elena filed a spousal property petition regarding the Property. (ROA 21.) Elena alleges that the Property was community property and asserts that her petition was filed as a contingency in the event that the Court finds that the transfer of the Property to Michael was invalid.
On October 12, 2022, Michael filed a motion for summary judgment, or in the alternative, adjudication on the theory that Michael was Decedent's amanuensis. (ROA 54.) The Court denied this motion, finding that there were triable issues of fact as to what, if any, instructions Decedent provided to Michael Calendar No.: Event ID: TENTATIVE RULINGS
3003687 CASE NUMBER: CASE TITLE: ESTATE OF MAURICIO ORANTES [IMAGED] 37-2022-00005303-PR-LA-CTL regarding the transfer of the Property. (ROA 105, Minute Order date Jan. 20, 2023.) On January 18, 2023, Ena filed a Petition for Letters of Administration, as supplemented. (ROA 109, supplemented at ROA 112.) The Court granted this petition on April 15, 2023. (ROA 123, Minute Order dated Apr. 5, 2023.) The Court appointed Ena as the Special Administrator for the Estate of Mauricio Orantes and issued Letters of Special Administration with authority under Probate Code § 8544 and with the specific limited power to make reasonable efforts to determine the true nature of, and title to, property held, or rightfully belongs, in the name of Decedent. (ROA 137, Order for Probate filed Apr. 17, 2023.) On July 31, 2023, Michael filed the instant second motion for summary judgment seeking 'summary judgment in favor of Objector and Counter-Petitioner Michael A. Orantes and against Petitioner and Respondent Ena Orantes, as requested in the Objections by Michael A. Orantes to Petition of Ena Orantes [ROA 16] and the Competing Petition for Probate, etc. [ROA 17], specifically with respect to the following: that Mauricio Orantes died testate and the Salvadoran Last Will and Testament of Mauricio Orantes, dated February 6, 1989, as lodged with the court by Michael A. Orantes on or about April 3, 2023, is authentic and valid and is the Last Will and Testament of Mauricio Orantes. Therefore, the court should deny the Petition of Ena Orantes [ROA 16] and grant Michael A. Orantes' competing Petition for Probate, etc. [ROA 17].' (ROA 139, Notice of Mot. at p. 2.) On September 14, 2023, Ena filed a Petition for Letters of Administration (ROA 155) seeking additional limited powers to: (1) make reasonable efforts to determine the true nature of, and title to, property held, or rightfully belong, in the name of Decedent, and take such property into possession; (2) to accept service of process for the Estate; and (3) to submit to this Court any claims against the Estate which are served upon the special administrator, such that any interested person may contest the claim. (Id.) This petition is set for a hearing on December 8, 2023. (ROA 174, Minute Order filed Oct. 3, 2023.) On November 22, 2023, Ena filed an opposition to the summary judgment motion, along with a request for judicial notice and evidentiary objections. (ROA 178, 179, 181.) On December 1, 2023, Michael filed a reply and evidentiary objections. (ROA 184, 187.) II. DISCUSSION Michael argues that on April 3, 2023, he filed the 1989 Will, with its annexed attestations and Apostille, certified by the Salvadoran government. Michael further argues that this document is self-authenticating and may be authenticated by the supporting declarations of Decedent's children and wife. Thus, no party can rebut or refute that this Will is authentic and valid.
In opposition, Ena argues that there is no Will filed on April 3, 2023, and the only document submitted to the Court is not a valid Will by Michael's own admission. Michael's petition seeks to admit an invalid Will to probate, and Michael has not produced a valid Will that satisfies Evidence Code § 1530.
As such, Ena's opposition is premised on the supposition that Michael has not produced a valid Will.
The Court has reviewed the materials deposited as Will No. D81712, which actually comprises TWO documents: (1) the copy of the 1989 Will attached to Michael's petition at ROA 17, and (2) a certified copy of the 1989 Will which appears to be issued by the Salvadoran Supreme Court. Upon inquiry, it appears that a Deposit number was not issued when Michael filed the second document, and instead, the document was filed under the existing Deposited Will No. D81712. This second document is the subject of the instant summary judgment motion and attached to the Separate Statement. (See ROA 140, Exhs. 1, 2.) The second version of the 1989 Will is signed and certified, with an Apostille attached. As such, Ena's objections that the Will is invalid because it is unsigned and because Michael has not deposited an Calendar No.: Event ID: TENTATIVE RULINGS
3003687 CASE NUMBER: CASE TITLE: ESTATE OF MAURICIO ORANTES [IMAGED] 37-2022-00005303-PR-LA-CTL original Will appears to be moot. Further, there is no substantive discussion in the opposition with respect to the validity of the second document, which is not unreasonable given the misunderstanding that this document was never filed with the Court.
Thus, the Court clarifies and confirms that a second document, which is purportedly the valid version of the 1989 Will, was deposited with the Court under Will No. D81712. With this understanding, the Court continues the motion to allow Ena an opportunity to review the second document and further brief her position if she continues to oppose admission of the Will.
Therefore, the motion is CONTINUED to January 5, 2024, at 2 p.m., with briefing due according to CCP § 1005(b).
Counsel for Ena 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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3003687