Judge: Shirley K. Watkins, Case: LC102618, Date: 2022-07-26 Tentative Ruling

Case Number: LC102618    Hearing Date: July 26, 2022    Dept: T

            [TENTATIVE] ORDER:  Cross-Complainants Zamindari Trust, Silvia Arvayo and Gul Jaisinghani’s Motion to Continue Crossclaims Against Decedent Armen Teroganesian’s Personal Representatives is DENIED without prejudice.

1. Introduction

   Cross-Complainants Zamindari Trust and Silvia Arvayo and Gul Jaisinghani, individually and as co-trustees of Zamindari Trust, (“Cross-Complainants) seek to continue their crossclaims against decedent Armen Teroganesian’s personal representatives pursuant to Civil Code § 337.41. 

2. Discussion

   The issue before the Court is whether the Cross-Complainants may continue their cross-claims against the personal representatives of Armen Teroganesian (“Decedent”). Here, pursuant to probate proceedings following Decedent’s passing, the Probate Court appointed Arthur A. Teroganesian and Alina N. Nazari as personal representatives. (Azrin Decl. ¶¶ 5-6, Exh. A; See also In re Teroganesian, Case No. 22STPB00714.) However, Cross-Complainants have not shown that letters were ever issued in the probate proceedings to indicate that the appointments have become effective. (Prob. Code § 8400(a).) Furthermore, while Cross-Complainants have claimed to comply with the claim process pursuant to Probate Code §§ 9256 and 9370, the claim against Decedent’s estate was filed with the Probate Court on May 13, 2022, and the instant motion was filed on June 2, 2022. Thus, the required thirty days had not elapsed for the claim to have be deemed rejected. (Prob. Code § 9256.)

   Accordingly, the instant motion is denied because it was prematurely filed.

3. Conclusion

Based on the foregoing, the Court DENIES Cross-Complainant’s motion without prejudice.

            IT IS SO ORDERED, ____________________ TO GIVE NOTICE.