Judge: Michael Shultz, Case: 20CMCV00259, Date: 2022-08-02 Tentative Ruling
INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:
1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.
2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and
3. Serve notice of the Court's ruling on all parties entitled to receive service.
If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on.
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Case Number: 20CMCV00259 Hearing Date: August 2, 2022 Dept: A
22CMCV00259
John Hurd, et al. v. Ruby Hemphill, et al.
[TENTATIVE] ORDER
I. BACKGROUND
This action arises from the parties’
disputes concerning real property located in Los Angeles and Texas. Plaintiffs
allege claims to quiet title to the Los Angeles property, to partition property
by sale, and for an accounting and constructive trust.
II. MOTION TO STAY ACTION
A.
Motion filed June 8, 2022
Plaintiffs request
an order to stay this action until the probate matter of Robert Hurd (“Decedent”)
is resolved in Riverside County. Decedent is part owner of the real property at
issue. Plaintiffs ask for a stay until a personal representative is appointed for
Decedent, or until the probate court determines Decedent’s rightful heirs.
Decedent’s
probate action and trust actions are being litigated and are set for trial on
September 2, 2022 in Riverside. There is a civil action filed in Torrance
against the Hurd Estate to cancel deeds and quiet title to four parcels of real
property in Los Angeles. The Torrance action is stayed pending resolution of
the Riverside matters matter which will determine the proper trustee who is an
indispensable party in the Torrance action. A stay is required to determine the
Decedent’s heirs.
Plaintiffs argue
that the Riverside court has concurrent exclusive jurisdiction. Alternatively,
the court can stay this action pursuant to its inherent powers to control its
proceedings.
No defendant has
appeared in this action. Plaintiffs served Charmaine Hurd only, although she
has not filed an answer. No opposition has been filed.
III. DISCUSSION
Under the
doctrine of exclusive concurrent jurisdiction, “when two or more courts have
subject matter jurisdiction over a dispute, the court that first asserts
jurisdiction assumes it to the exclusion of the others." Shaw v.
Superior Court of Contra Costa County (2022) 78 Cal.App.5th 245, 255. Its
application depends on the balancing of countervailing policies. The court
considers the following: “if the court exercising original jurisdiction has the
power to bring before it all the necessary parties, the fact that the parties
in the second action are not identical does not preclude application of the
rule. Moreover, the remedies sought in the separate actions need not be
precisely the same so long as the court exercising original jurisdiction has
the power to litigate all the issues and grant all the relief to which any of
the parties might be entitled under the pleadings.” Id. at 256.
The first Riverside
trust action filed on August 6, 2020, and identified as Case No. PRRI2001119,
In the Matter of the Robert & Letha Hurd Family Trust (“Holley petition”),
Bernadine Holley challenges the validity of the Trust terms contending that
Robert Hurd amended the trust to exclude her and other beneficiaries because of
undue influence. Lumsdaine Declaration, Ex. 3.
The second Riverside
trust action filed on August 14, 2020, bearing Case No. PRRI2001182, In Re:
Robert and Letha Hurd Family Trust, Charles Berry challenges the same Trust on
the same grounds and seeks a determination of adverse claims to the Trust
property. Declaration of Lumsdaine, Ex. 2.
The court’s
records reflect that in the Torrance action bearing Case No. 20TRCV00423, Berry
v. Estate of Robert Hurd, et al., filed on June 16, 2020, alleges claims for cancellation
of deeds, for quiet title, and fraud. That action is currently stayed.
In this action,
filed on October 15, 2020, Plaintiffs seek an order quieting title against all
parties claiming an interest to residential real property located at 1790 E.
114 Street in Los Angeles as well as vacant land located at 11231 S. Central
Avenue. Plaintiffs seek a determination of fiduciary duties and obligations
with respect to the Texas properties.
The Riverside actions do not identify these particular properties,
however, the Holley petition refers to “other potential properties” for which
she claims an interest. Ex. 3, ¶ 59. This matter, which includes Berry and
Holly among all potential heirs including the heirs of Robert Hurd, will necessarily
be determined in the Riverside Trust actions.
IV. CONCLUSION
As the Riverside
court was the first court to exercise jurisdiction over the determination of
the rightful beneficiaries of Robert Hurd, whose interests are also implicated
in this case, the court GRANTS the motion and stays this action pending the
resolution of the Riverside actions. The Riverside actions have a trial date of
September 2, 2022. Lumsdaine declaration, ¶ 8. Accordingly, the court sets a
Status Conference Re: Riverside actions for November 4, 2022 at 8:30 a.m. in
Department A of the Compton courthouse.