Judge: Theresa M. Traber, Case: 19STPB06779, Date: 2023-10-27 Tentative Ruling

Case Number: 19STPB06779    Hearing Date: October 27, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:       October 27, 2023                        

CASE:           Audrey Haskell Family Trust 2011, et al. v. Edward Lubin, et al.

CASE NO.:               19STPB06779

The Court has reviewed Partition Referee’s Notice of Motion and Motion for Order:  (1) Approving and Settling the Referee’s Final Report and Accounting; (2) Approving Final Compensation and Reimbursement of Expenses; (3) Directing West Coast Escrow to Release $250,000 in Escrow Account to Referee Estate; (4) Approving Referee’s Recommended Distribution of Funds; (5) Exonerating All Bonds; (6) Terminating the Referee Appointment; and (7) Retaining Jurisdiction re This Referee Appointment, and the papers submitted in support thereof.  The Court has also reviewed Plaintiffs’ Response to Referee Final Report, in which Plaintiff confirm they have no objections to the Report or opposition to the motion. 

In addition, the Court has received an email from Defendant Edward H. Lubin, which appears to be an improper ex parte communication to the Court.  The record reflects, however, that Plaintiffs’ Counsel and Partition Referee have both received a copy of this email and responded to it with their objections, which the Court has also read.

Construing Defendant Lubin’s email as an ex parte application for a continuance of the hearing, the Court denies the request because Defendant fails to demonstrate good cause for the request.  The absence of good cause is grounded on the facts, inter alia, that he is currently represented by counsel who, for unknown reasons, has delayed in seeking to be relieved as counsel for Defendant, that Defendant raises no specific or even general objections to the Partition Referee’s Report or motion, and that any further delay in resolving this matter would prejudice Plaintiffs who have already waited for months to have this matter completed, in large part because of the delays and intransigence of this very defendant.

Based on its review of the motion and given the absence of any substantive objections to it, the Court grants the motion of the Partition Referee and supplements the award of fees to him to add 3 hours at $295 per hour, or $885, to cover attorney’s fees generated to respond to Defendant’s ex parte request, which amount shall be deducted from Defendant’s share of the distribution.  Partition Referee is to submit a proposed final order for the Court’s signature no later than November 13, 2023.  The Court sets a non-appearance case review to consider the proposed order on November 16, 2023.