Judge: Lisa R. Jaskol, Case: 22STCV39136, Date: 2024-12-27 Tentative Ruling

Case Number: 22STCV39136    Hearing Date: December 27, 2024    Dept: 28

On December 16, 2022, Plaintiff Joanne Williams filed this action against Defendants Henry Franklin as Trustee of Robert S. Anderson and Earlean M. Anderson, as Trustees of the Anderson Revocable Trust dated February 12, 1994, Penny Holt as Trustee of Robert S. Anderson and Earlean M. Anderson, as Trustees of the Anderson Revocable Trust dated February 12, 1994, and Does 1-50 for general negligence and premises liability. 

On May 3, 2023, Penny Holt (“Holt”), on her own behalf and purportedly on behalf of Henry Franklin, filed a motion to dismiss the case.  On June 28, 2023, the Court denied the motion.  The Court explained that the motion lacked a proof of service, did not comply with the requirements for motions contained in California Rules of Court, rule 3.1112, and did not establish grounds for dismissal. 

On April 22, 2024, Plaintiff amended the complaint to include Defendant Robert Anderson (“Anderson”) as Doe 1.  On July 24, 2024, Anderson filed an answer. 

On October 30, 2024, Holt, on her own behalf and purportedly on behalf of Henry Franklin, filed another motion to dismiss.  The motion was set for hearing on December 27, 2024.  Like Holt’s May 3, 2023 motion, the October 30, 2024 motion does not include a proof of service. 

The Court denies the motion without prejudice to the filing of a motion that includes a valid proof of service showing service of the motion and any supporting papers on all parties who have appeared in the case.

Moving party is ordered to give notice.

Moving party is ordered to file a proof of service of this ruling with the Court within five days.