Judge: Teresa A. Beaudet, Case: 20STCV10828, Date: 2025-03-04 Tentative Ruling

Case Number: 20STCV10828    Hearing Date: March 4, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

            On March 18, 2020, Plaintiff John A. Carr filed this action against a number of defendants. On July 28, 2020, Plaintiff filed an amendment to the Complaint naming Eric Walker (“Walker”) in place of “Doe 4.” The operative Second Amended Complaint was filed on October 13, 2020, and alleges causes of action for (1) quiet title and (2) cancellation of deed. On May 20, 2021 Walker filed a “Crossclaim” against a number of “Crossclaim Defendants.” The “Crossclaim” alleges causes of action for (1) quiet title and (2) quiet title.

            On January 27, 2023, John A. Carr, now deceased, by and through the Estate of John Allen Carr, Rose M. Carr and Patrick E. Carr filed a motion to substitute “Co-Executors” in place of John A. Carr. No opposition to this motion was filed.

            On June 18, 2024, the Court issued a minute order in this action providing, inter alia, that “[p]ursuant to the request of the moving party the Motion to Substitute Co-Executors in Place of Deceased Plaintiff/Counter Defendant John A. Carr filed on January 27, 2023, reservation number 459681554569, is restored back to calendar and set as follows: Hearing on Motion - Other Motion to Substitute Co-Executors in Place of Deceased Plaintiff/Counter Defendant John A. Carr is scheduled for 07/17/24 at 10:00 AM in Department 50 at Stanley Mosk Courthouse.”

            On July 17, 2024, the Court issued an Order ruling, inter alia, that “the Motion to Substitute Co-Executors in Place of Deceased Plaintiff/Counter Defendant John A. Carr is denied without prejudice.”

            Thereafter, on December 24, 2024, “Rose M. Carr and Patrick E. Carr, Co-Executors for the Estate of John A. Carr,” filed a “Supplemental Statement Re Motion to Substitute Co-Executors in Place of Deceased Plaintiff.”

            As an initial matter, the Court notes that Rose M. Carr and Patrick E. Carr do not appear to have filed any motion noticed for hearing on March 4, 2025. The Court notes that pursuant to California Rules of Court, rule 3.1112, subdivision (a), “[u]nless otherwise provided by the rules in this division, the papers filed in support of a motion must consist of at least the following: (1) A notice of hearing on the motion; (2) The motion itself; and (3) A memorandum in support of the motion or demurrer.” Pursuant to California Rules of Court, rule 3.1110, subdivision (a), “[a] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.”

            The docket for this action does not appear to show that Rose M. Carr or Patrick E. Carr filed any notice of hearing on a motion, a motion, or a memorandum in support of any motion. Rather, it only appears that the “Supplemental Statement” was filed on December 24, 2024. The Court’s July 17, 2024 Order did not continue the hearing on the motion to substitute for purposes of providing the moving parties the opportunity to file a supplemental statement. As set forth above, the July 17, 2024 Order provides, inter alia, that “the Motion to Substitute Co-Executors in Place of Deceased Plaintiff/Counter Defendant John A. Carr is denied without prejudice.”[1]

In light of the foregoing, the Court denies any purported motion by Rose M. Carr and Patrick E. Carr “to substitute co-executors in place of deceased Plaintiff.”

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The Court orders the Clerk to give notice of this ruling.

DATED:  March 4, 2025                               

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Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court