Judge: Robert B. Broadbelt, Case: 19STCV08154, Date: 2023-04-27 Tentative Ruling

Case Number: 19STCV08154    Hearing Date: April 27, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

Motion for Attorney’s Fees

The court issued a minute order in this action on November 1, 2022, stating that counsel for plaintiff Roger Manlin’s son, Scott Manlin, reported that plaintiff, cross-defendant, and cross-complainant Roger Manlin (“Manlin”) has passed away.

Thereafter, the court issued a minute order on February 9, 2023 that (1) ordered the parties to meet and confer no later than February 24, 2023, to determine if the parties will stipulate to substitute Scott Manlin as administrator of Estate of Roger Manlin in place of Manlin in this action, (2) vacated the court’s June 2, 2022 order granting cross-defendant Steve Milner, Gregg Martin, Ann Lee, and Hamburg Karic, Edwards & Martin, LLP’s motion for attorney’s fees and costs pursuant to the Court of Appeal’s August 10, 2022 ruling, and (3) set a hearing to reconsider the June 2, 2022 order.  The court further ordered that the parties were permitted to file supplemental memoranda of points and authorities in accordance with the briefing schedule set forth in the February 9, 2023 minute order.

In cross-defendant Steve Milner’s supplemental brief, Milner represented that (1) the parties have agreed to stipulate to substituting Scott Manlin as administrator of Estate of Roger Manlin as plaintiff, cross-defendant, and cross-complainant in this action, and (2) the stipulation would be filed once the cross-defendants file their respective creditor’s claims in the probate proceeding.  (Supp. Brief, p. 1, fn. 1.)

On April 12, 2023, the parties filed a “Stipulation to Continue Deadline for Cross-Cross-Defendants Gregg Martin, Ann Lee, and Hamburg Karic, Edwards & Martin LLP to File a Responsive Pleading,” stating that (1) for Scott Manlin to be substituted into this action as plaintiff, cross-defendant, and cross-complainant, (i) this court must approve of his appointment in this matter, and (ii) the probate court must approve of his representation of Manlin’s estate, and (2) upon finalizing of the probate court claims, the parties will file a stipulation and proposed order that Scott Manlin be appointed as the representative of Manlin’s estate for all purposes in this matter.  The parties further represented that they have been delayed in filing their stipulation and order to substitute Scott Manlin as plaintiff, cross-defendant, and cross-complainant.

The parties have not yet filed a stipulation and proposed order that Scott Manlin be substituted into this action.  Further, because Scott Manlin has not been substituted in as plaintiff, cross-defendant, and cross-complainant in this action, Manlin’s estate has not had the opportunity to file a supplemental memorandum of points and authorities in opposition to the motion for attorney’s fees.

The court therefore exercises its discretion to continue the hearing to reconsider the court’s June 2, 2022 order in light of the Court of Appeal’s ruling to August 3, 2023, at 10:00 a.m., in Department 53.

The court orders cross-defendant Steve Milner to give notice of this ruling.

IT IS SO ORDERED.

DATED:  April 27, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court