Judge: Olga Alvarez, Case: 37-2021-00029221-PR-TR-CTL, Date: 2023-12-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - December 19, 2023

12/20/2023  10:30:00 AM  503 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Olga Alvarez

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Probate  Trust Proceedings Motion Hearing (Probate) 37-2021-00029221-PR-TR-CTL IN RE THE JOHNSON FAMILY TRUST, U/T/D JULY 3, 2002 [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 05/04/2023

On May 4, 2023, Eileen Topete ('Petitioner') filed a Motion Deeming Admitted Truth of Facts and Imposing Monetary Sanctions. (ROA 45, Reply at ROA 60.) The motion is opposed. (ROA 59.) On November 15, 2023, Petitioner filed a Notice of Settlement. (ROA 69.) The notice states that the parties have settled the matter through mediation and stipulated to the Court retaining jurisdiction pursuant to CCP section 664.6 to enforce the terms of the settlement. The notice also includes a request to vacate all pending dates set for trial and to set an OSC regarding dismissal in March 2024.

In light of the Notice of Settlement, but not having received a stipulation and order with respect to the instant motion and hearing set for December 20, 2023, the clerk of the Court contacted attorney Ramos on December 18, 2023, and left a message regarding the same. The clerk also contacted opposing counsel, attorney Richard Stewart, who indicated that he would try to contact attorney Ramos. As of the date of this order, attorney Ramos has not returned the clerk's telephone call or contacted the Court.

The motion should have been taken off calendar by the moving party prior to the hearing as a matter of judicial economy.

While the parties appear to have settled the case, and thus, the Court does not expect Petitioner's motion will go forward, the Court will hear from the parties.

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3014461