Judge: Olga Alvarez, Case: 37-2022-00042708-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) 37-2022-00042708-PR-TR-CTL IN THE MATTER OF THE RICHARD L. MASLANA LIVING TRUST DATED NOVEMBER 25, 2002, AS AMENDED [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/18/2023

Pursuant to San Diego County Superior Court Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The Motion to Compel Further Responses to Request for Production of Documents filed by Michael Maslana, Daniel Maslana, and Mary Corpora (ROA 32) is DENIED as moot.

DISCUSSION On October 21, 2022, Michael Maslana, Daniel Maslana, and Mary Corpora (collectively 'Petitioners') filed a Petition by Beneficiary to Establish Trust Claim of Ownership; for Order Confirming or Directing Transfer to Trust ('Petition'). (ROA 1.) The Petition requests an order confirming that the interest of Richard L. Maslana ('Decedent') in the real property located at 1810 Avenida del Mundo, Unit 1504, San Diego, California 92118, is an asset of the Trust.

Joann Maslana ('Respondent'), the surviving spouse of Decedent, filed objections. (ROA 7.) One of the Petitioners (Mary Copora) was dismissed without prejudice from the lawsuit. (ROA 48, Request for Dismissal.) On August 18, 2023, Petitioners filed the instant motion to compel further response to Request for Production of Documents ('RFP'), Set One, Nos. 1 and 3. (ROA 32, Mot.; ROA 35, Separate Statement.) On December 7, 2023, Respondent filed an opposition to the motion. (ROA 53.) Respondent asserts that Petitioners failed to engage in sufficient meet and confer, which would have obviated the need for the present motion, and supplemental responses have been served as to both RFP Nos. 1 and 3, making the motion effectively moot.

There is no reply or objection from Petitioners. Neither party requests sanctions.

Therefore, it appears the issues in the motion are moot, and the motion is DENIED as such.

Counsel for Respondent is directed to serve written notice of ruling on all parties in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

Calendar No.: Event ID:  TENTATIVE RULINGS

3014820 CASE NUMBER: CASE TITLE:  IN THE MATTER OF THE RICHARD L. MASLANA LIVING TRUST DATED  37-2022-00042708-PR-TR-CTL Calendar No.: Event ID:  TENTATIVE RULINGS

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