Judge Teresa A. Beaudet, Case 19STCV29120 2022-08-11 Tentative Ruling

On August 20, 2019, Plaintiffs Dorothy L. Green (“Dorothy Green”) and Paula R. Green (“Paula Green”) (jointly, “Plaintiffs”) filed the instant “Complaint for Legal Malpractce [sic]” in this action against Defendants Patricia “Patty” Glaser, Glaser Weil LLP, and Adam Pines.

As set forth in previous orders of the Court, the hearing on Defendant Glaser Weil Fink Howard Avchen & Shapiro LLP’s (“Glaser Weil”) motion to compel arbitration has been continued several times, due to the fact that Dorothy Green passed away and a motion to appoint a representative for her interest was before the probate court.

On April 1, 2022, Defendants Glaser Weil, Patricia Glaser, and Adam Pines (collectively, “Defendants”) filed a declaration of their counsel indicating that a personal representative had not yet been appointed in the Estate of Dorothy Green in Los Angeles County Superior Court Case No. 20STPB05810 (the “Estate Proceeding”). (Stone Decl., ¶ 2.) Defendants indicated that all proceedings in the Estate Proceeding were continued to July 11, 2022, and Glaser Weil requested that its motion for an order compelling binding arbitration be continued. (Stone Decl., ¶¶ 2, 3, Ex. A.)

On April 21, 2022, the Court issued an Order in this action setting a status conference for August 11, 2022 regarding the probate proceedings as to Dorothy Green. The Court also set a setting conference (for August 11, 2022) regarding a new date for the hearing on Glaser Weil’s motion to compel arbitration. The April 21, 2022 Order also provides that if no appointment is made by the probate court as to a representative of the Estate of Dorothy Green to appear in this case by the next hearing, this Court will dismiss the case by Dorothy Green without prejudice and proceed with the hearing on the motion to compel arbitration as to Paula Green. Plaintiffs’ counsel was ordered to give notice of the April 21, 2022 Order, including notice to the individuals who are heirs to the Estate of Dorothy Green.[1] In addition, the April 21, 2022 Order provides that counsel for Plaintiffs will file a status report regarding the probate proceedings as to Dorothy Green by August 4, 2022.

On August 2, 2022, Paula Green filed a status report indicating that on July 11, 2022, the Court held a hearing in Case No. 20STPB05810 (the Estate Proceeding), and stayed the Estate Proceeding through March 13, 2023, apparently due to the pending appeal in another case that is not expected to conclude until January or February, 2023.[2] Paula Green indicates that the Court in the Estate Proceeding did not appoint a special administrator for the Estate of Dorothy Green, and also did not appoint a general administrator. In her status report, Paula Green contends that based upon the Estate’s legal incapacity to participate in the instant action at this time, it would be more equitable to stay the Estate’s action against Defendants rather than to dismiss it. Paula Green does not object to proceeding with the hearing on the motion to compel arbitration as to her interests. As set forth above, the Court indicated in the April 21, 2022 Order that, inter alia, “[t]he Court informs the parties that if no appointment is made by the probate court as to a representative of the estate of Dorothy Green to appear in this case by the next hearing, this Court will dismiss the case by Dorothy Green w/o prejudice…” Neither party presented any evidence as to whether any of the heirs of Dorothy Greem moved to have a special administrator appointed to defend this case. It is not apparent from the documents provided that the Probate Court even knows that this Court is waiting for it to decide whether to appoint a personal representative or special administrator. At this point, the Court proposes that Defendants stipulate to a dismissal of the claims of Dorothy Green without prejudice to the refiling of those claims by a personal representative or special administrator appointed by the estate, if and when one is appointed, so the Court can move forward with setting the hearing on the motion to compel arbitration as to Plaintiff Paula Green. Assuming Defendants so agree, the Court sets the hearing on Glaser Weil’s motion to compel arbitration on October 4, 2022 at 10:00 a.m. in Dept. 50.

[1]On August 2, 2022, Paula Green filed a notice of entry of the Court’s April 21, 2022 Order. The proof of service attached to the notice indicates that the notice was served on the heirs of Dorothy Green (other than Paula Green).

[2]The Court notes that Defendants also filed a declaration of their counsel regarding the status of the appointment of a personal representative for the Estate of Dorothy Green. Defendants provide four minute orders in the Estate Proceeding, dated July 11, 2022, which indicate that matters in the Estate Proceeding are continued to March 13, 2023. (Stone Decl., ¶ 3, Ex. A.)

dorothy l. green, et al., Plaintiffs, vs. patricia glaser, et al., Defendants.	Case No.:	19STCV29120
	Hearing Date:	August 11, 2022
	Hearing Time:	10:00 a.m.
	[TENTATIVE] ORDER RE: MOTION FOR AN ORDER COMPELLING BINDING ARBITRATION AND STAYING OR DISMISSING ACTION PENDING ARBITRATION

Superior Court of California

County of Los Angeles

Department 50