Judge: Shirley K. Watkins, Case: 19VECV01571, Date: 2023-01-18 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 19VECV01571    Hearing Date: January 18, 2023    Dept: T

Tentative Ruling

 

Beyder v Beyder 19VECV01571

 

Motion to withdraw:

 

  1. Granted as to Janna Beyder individually

 

  1. Continue as to Janna Beyder as trustee

 

Except in very limited circumstances, the trustee of a trust cannot be unrepresented.  Steps need to be taken to obtain new counsel.  Ms. Beyder shall take steps to locate an attorney to represent her as the trustee.  The court will continue the matter to allow time to do so.  However, if the court later grants Mr. Ludwig's motion and Ms. Beyder does not have new counsel, the court could set an OSC why the Ms. Beyder as Trustee should not be defaulted, or her case dismissed or some other remedy.

 

Hearing on appointment of a receiver:

 

As indicated in the Final Statement of Decision: "After entry of Interlocutory Judgment, the court will appoint a Referee pursuant to CCP section 873.010 to sell the property.  Parties are to meet and confer to select a Referee.  If one cannot be agreed upon, each party will submit two names to the opposing party.  The opposing party will strike one of the two names.  The final two names will be submitted to the court with fee sheets and resumes, and the court will select the Referee from those two names.  The parties are not to disclose to the court who selected which name.  The court will then hold a hearing to set the Referee's fees, instruct the Referee, set up a timetable, determine the commencement date of the Referee's lien, determine whether a Referee bond is required and the amount, and whether to order an interim and/or a final accounting."

 

To date, no names have been submitted to the court. Parties are ordered to comply forthwith.

 

Case Management Conference:

 

The court will set a jury trial for the remainder of the bifurcated trial, most probably in April 2023.