Judge: Theresa M. Traber, Case: 22STCV01254, Date: 2025-05-12 Tentative Ruling

Case Number: 22STCV01254    Hearing Date: May 12, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     May 12, 2025                         TRIAL DATE: May 12, 2025

CASE:                         Dawn Lyn v. Leif Garrett

CASE NO.:                 22STCV01254           

MOTION TO SUBSTITUTE CONSERVATOR FOR PLAINTIFF

MOVING PARTY:               Plaintiff Dawn Lyn & Conservator William John Reese

RESPONDING PARTY(S): No response on eCourt as of 05/07/25

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is a partition action, filed on January 12, 2022, concerning several properties.

Plaintiff Dawn Lyn moves to substitute a conservator to appear on her behalf.

TENTATIVE RULING:

Plaintiff Dawn Lyn moves to substitute a conservator to appear on her behalf.

Code of Civil Procedure section 372 subdivision (a)(1) states that a party for whom a conservator has been appointed “shall appear either by a guardian or a conservator of the estate or by a guardian ad litem appointed by the court[.]” (Code Civ. Proc. § 372(a)(1).) An action does not abate by the disability of the party, but instead the Court “on motion, shall allow the action or proceeding to be continued by or against the party’s representative.” (Code Civ. Proc. § 375.)

Plaintiff’s counsel offers evidence that William John Reese was appointed as Conservator of the person and estate of his wife, the Plaintiff in this action, on March 22, 2023 in the Superior Court for the County of Ventura, Case No. 56-2022-00573386-PF-CP-OXN. (Declaration of Mary-Felicia Apanius ISO Mot. ¶ 3.) Copies of the relevant order and letters of conservatorship have also been provided. (Id. Exhs. 1-2.) Counsel represents that the failure to substitute the conservator for Plaintiff was a clerical oversight. (Id. ¶ 7.) As there has been no opposition to this motion, the Court finds that the Plaintiff has an appointed conservator and therefore must appear through that conservator by the plain language of section 372 of the Code of Civil Procedure.

Accordingly, Plaintiff’s Motion to Substitute Conservator is GRANTED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated:  May 12, 2025                         ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.