Judge: Olga Alvarez, Case: 37-2023-00022908-PR-TR-CTL, Date: 2023-12-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

CENTRAL COURTHOUSE TENTATIVE RULINGS - December 05, 2023

12/06/2023  10:30:00 AM  503 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Olga Alvarez

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Probate  Trust Proceedings Demurrer / Motion to Strike (Probate) 37-2023-00022908-PR-TR-CTL IN THE MATTER OF THE SNAER LIVING TRUST ESTABLISHED MAY 1, 1996, AND PURPORTED AMENDMENTS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 08/04/2023

Pursuant to San Diego County Superior Court Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The Demurrer filed by Donnah Snaer-Williams (ROA 6) is SUSTAINED with leave to amend.

DISCUSSION On May 31, 2023, Jean V. Snaer ('Petitioner') filed a Petition: (1) to Invalidate the Purported Amendment dated May 1, 1996 to the Snaer Family Trust, on the Grounds of Lack of Mental Capacity and Undue Influence; (2) for Financial Elder Abuse; (3) to Determine Respondent's Intentional Interference with Expected Inheritance; and (4) for Orders Confirming Assets of the Snaer Family Trust dated May 1, 1996 ('Petition'). (ROA 1.) On August 4, 2023, Donna Snaer-Williams ('Trustee') filed the instant demurrer to the Petition. (ROA 6.) Trustee demurs to the Petition on various grounds.

On November 30, 2023, Petitioner filed an Amended Petition. (ROA 16.) Here, the Court is not in receipt of any opposition from Petitioner, or of any stipulation by the parties agreeing to allow the amendments to the Petition. Instead, Petitioner filed an amended petition after the deadline to file an opposition to the demurrer had passed. (CCP § 472 [a party may amend the pleading after a demurrer is filed, if the amended pleading is filed and served no later than the deadline for filing an opposition to the demurrer.].) Under Local Rule 2.1.19(B), '[t]he court may deem a lack of opposition to be a concession that a motion is meritorious.' In California, courts apply a liberal policy of allowing amendments to pleadings. (Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163 ['It is well established that California courts have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others. [Citation.] Indeed, it is a rare case in which a court will be justified in refusing a party leave to amend his [or her] pleading so that he [or she] may properly present his [or her] case. [Citation.] (Citation.) Thus, absent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail. (Citation.)'].) Given this liberal policy of allowing amendments to pleadings and the Amended Petition filed by Calendar No.: Event ID:  TENTATIVE RULINGS

3005787 CASE NUMBER: CASE TITLE:  IN THE MATTER OF THE SNAER LIVING TRUST ESTABLISHED MAY  37-2023-00022908-PR-TR-CTL Petitioner, the Court finds granting leave to amend the pleading is not only consistent with this liberal policy, but also promotes judicial economy by avoiding unnecessary motion practice. If Trustee so chooses, she may demur to the Amended Petition.

Therefore, the demurrer to the Petition is SUSTAINED with leave to amend. The Amended Petition (ROA 16) is deemed the operative pleading.

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

IT IS SO ORDERED.

Calendar No.: Event ID:  TENTATIVE RULINGS

3005787