Judge: Theresa M. Traber, Case: 22STCV25984, Date: 2025-04-15 Tentative Ruling

Case Number: 22STCV25984    Hearing Date: April 15, 2025    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     April 15, 2025                                    TRIAL DATE: NOT SET

CASE:                         Timothy S. Murakami v. Joyce Yukiko Uyeda et al.

CASE NO.:                 22STCV25984           

MOTION TO SUBSTITUTE PERSONAL REPRESENTATIVE

MOVING PARTY:               Plaintiff Timothy S. Murakami

RESPONDING PARTY(S): No response on eCourt as of April 10, 2025

CASE HISTORY:

·         08/11/22: Complaint filed.

·         11/14/22: First Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for breach of contract. Plaintiff alleges that Defendant Uyeda breached an implied-in-fact agreement to place Plaintiff on the title for the property in which they resided in exchange for Plaintiff’s coverage of mortgage payments.

            Plaintiff moves to substitute Scott Murakami as a personal representative for the now-deceased Plaintiff for the purpose of enforcing the settlement agreement in this action.

TENTATIVE RULING:

            Plaintiff moves to substitute Scott Murakami as a personal representative for the now-deceased Plaintiff for the purpose of enforcing the settlement agreement in this action. Plaintiff’s motion is not accompanied by a proof of service demonstrating that all parties have been given proper notice of this matter. (See Code Civ. Proc. § 1005(b).)  The Court therefore declines to rule on the merits of the motion at this time.

            Accordingly, Plaintiff’s Motion to Substitute Personal Representative is CONTINUED to Thursday, May 15, 2025, at 9:00 AM. Plaintiff is directed to serve notice of his motion on all parties and this order and file proof of service with the Court on or before Wednesday, April 23, 2025.

IT IS SO ORDERED.

Dated:  April 15, 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.