Judge: Robert C. Longstreth, Case: 37-2021-00028668-CU-OR-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2021-00028668-CU-OR-CTL FULKERSON VS ALDAIRI [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/06/2023

Motion for Appointment of the Clerk of the Court or Clerk's Designee as Elisor (ROA 41) is DENIED.

An elisor may be appointed '[w]here one of the parties will not or cannot execute a document necessary to carry out a court order....' (San Diego Superior Court Local Rules, rule 2.5.11 (emphasis added).) 'A court typically appoints an elisor to sign documents on behalf of a recalcitrant party in order to effectuate its judgments or orders, where the party refuses to execute such documents.' (Blueberry Properties, LLC v. Chow (2014) 230 Cal.App.4th 1017, 1020 (emphasis added).) Here, although the moving papers refer to a pending application for default judgment, Plaintiff is not presently in possession of a court order or judgment entitling it to specific performance of a contract pertaining to the subject real property. Moreover, even if a default judgment had been entered, Plaintiff has not yet sought to enforce it and thus there is no evidence a party 'will not or cannot execute a document necessary to carry out' such judgment. (San Diego Superior Court Local Rules, rule 2.5.11.) Accordingly, at least at this stage, appointment of an elisor to execute a deed would be premature.

Finally, it appears Plaintiff is seeking not only appointment of an elisor to execute a deed, but also 'to take all actions necessary to effectuate the sale of the Property.' (ROA 44.) Plaintiff has not cited sufficient legal authority for this request. As the court understands it, an elisor's role is ministerial in nature and is limited to execution of a document. (San Diego Superior Court Local Rules, rule 2.5.11.) Once confirmed, this ruling shall be the final ruling of the court and no further order is required.

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