Judge: John B. Scherling, Case: 37-2023-00009922-PR-TR-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - January 11, 2024

01/12/2024  02:00:00 PM  502 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:John B Scherling

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Probate  Trust Proceedings Motion Hearing (Probate) 37-2023-00009922-PR-TR-CTL IN THE MATTER OF THE BONAGURO FAMILY TRUST DATED APRIL 21, 1998 AND MODIFIED 8, 2014 [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/21/2023

Pursuant to Superior Court of San Diego County, Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The Motion for Preliminary Injunction (ROA 19) filed by Dorothy Westall is DENIED without prejudice.

On September 21, 2023, Dorothy Westall ('Petitioner') filed the instant motion for preliminary injunction.

(ROA 19.) No proof of service has been filed indicating proper service of the motion papers on the other parties. Thus, the motion fails to comply with CRC 3.1300(a), (c), and CCP § 1005(b). The Court is not in receipt of any opposition and there is no indication that the motion and notice of hearing were properly served on all the parties.

Further, although the motion includes a section entitled memorandum of points and authorities, Petitioner does not present any cogent analysis of the issues, with proper citation to relevant legal authority. Thus, the memorandum is deficient and fails to comply with CRC 3.1113(b). (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.'].) As drafted, the motion fails to state a prima facie case for relief.

Thus, the motion is procedurally deficient and a determination on the merits of the motion cannot be made.

Therefore, the motion is DENIED without prejudice.

Petitioner is ordered to serve written notice of ruling on all parties in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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