civil tentative rulings and probate pregrants for …

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DEPARTMENT FOUR

JUDGE E. BRADLEY NELSON

707-207-7304

CIVIL TENTATIVE RULINGS AND

PROBATE PREGRANTS FOR

MATTERS SCHEDULED FOR

MONDAY, JANUARY 10, 2022 EFFECTIVE APRIL 8, 2019

UNTIL FURTHER NOTICE

Probate Staff E-Mail

Due to temporary staffing reductions, the Probate Staff E-Mailbox will be

unmonitored until further notice. Emails sent to the Probate Staff E-Mail address

will not be read and no response will be sent.

Probate Notes – Department 4

Due to temporary staffing reductions, until further notice, Probate Notes will no

longer be posted on the Court’s website.

Probate Pregrants and Civil Tentative Rulings – Department 4

The Probate Pregrant and Civil Tentative Ruling procedure remains unchanged.

Pregrants and Tentative Rulings will be posted for Department 4 the day before the

hearing after 2:00 p.m.

PROBATE PREGRANTS AND CIVIL TENTATIVE

RULINGS START ON NEXT PAGE

Unless otherwise directed by the court, probate pregrants are not posted for

guardianship matters or for ex parte petitions.

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The parties may join Department 4’s court calendar remotely utilizing the following information: Join ZoomGov Meeting https://www.zoomgov.com/j/1609995701?pwd=blhOcDc2eFEzWmxSQkQ1UVlySS9Hdz09 Meeting ID: 160 999 5701 Passcode: 071995

8:30 CALENDAR IN RE THE MATTER OF THE ZACHARY WOOD SPECIAL NEEDS TRUST Case No. FPR045592 Account and Report PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. The court on its own motion continues this hearing to March 4, 2022, at 8:30 a.m. in Department 4. Pending the re-set hearing, the petitioner shall resolve the following issues as they relate to the petition:

1. The period of the current accounting ends on May 21, 2021, but the petition was not filed until November 12, 2021. The petitioner shall clarify why there was a 6 month delay in filing the petition. The petitioner shall also clarify why the accounting period did not end on the last day of the month.

https://www.zoomgov.com/j/1609995701?pwd=blhOcDc2eFEzWmxSQkQ1UVlySS9Hdz09

https://www.zoomgov.com/j/1609995701?pwd=blhOcDc2eFEzWmxSQkQ1UVlySS9Hdz09

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2. The successor trustee is seeking to resign after only six months and asks the court to appoint a court appointed fiduciary. However, the clear language of the Special Needs Trust in Article Five, Section 1.B requires that “a California Licensed Professional Fiduciary of Adams & Associates, Professional Private Fiduciaries, of Lincoln, California” act as successor trustee. Is there another fiduciary in the firm (now known as Advocate Fiduciary Services) who is willing to serve?

3. Exhibit B, Attachment 1: The court ordered that the hourly rate of the fiduciary would not exceed $75 per hour, but there multiple entries in November 2020 and December 2020 that are billed at $100 per hour. The petitioner shall clarify why these entries were billed at a higher rate.

IN RE THE MINOR’S COMPROMISE OF NAVEAH MONTGOMERY Case No. FPR049937 Order to Show Cause PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. The court notes that, on January 11, 2021, sanctions were previously imposed on Delanario Montgomery and R. Jason Honey in the amount of $350.00 jointly and severally which have not been paid. On November 19, 2021, the court imposed further sanctions of $500.00 when issuing the Order to Show Cause. The court has considered the Declarations of R. Jason Honey and Victoria A. Dimitroff filed January 3, 2022. The Declaration of Victoria A. Dimitroff referenced multiple exhibits which were not attached. A full and complete copy must be filed with the court.

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Based on the Declaration of R. Jason Honey, the court will remove the sanctions imposed on R. Jason Honey and the sanctions totaling $850.00 are imposed solely on Delanario Montgomery. R. Jason Honey is excused from making any further appearances in this matter. Counsel and parties may appear via Zoom, in person, or by CourtCall. IN RE THE ESTATE OF DOUGLAS CLAYTON HANSON, DECEASED Case No. FPR050338 Petition for Final Distribution PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. The court on its own motion continues this hearing to March 4, 2022, at 8:30 a.m. in Department 4. Pending the re-set hearing, the petitioner shall resolve the following issues as they relate to the petition:

1. The proof of service attached to the Notice of Hearing showing all those entitled to receive notice of hearing on the petition is not completed. (Probate Code § 1215.)

2. Petition, item 16: Please provide a copy of the seller’s settlement statement provided to the personal representative at the end of escrow. (Prob. Code § 10901.)

3. Petition, item 16: No information was provided about the sale or disposal of the decedent’s vehicle at a significant loss to the estate. The petitioner shall clarify.

4. Petition, item 29: A petition for final distribution must provide the detailed description and value of the estate to be distributed. (Solano County Local Rules, Rule 7.66(b).) Stating the fractions to be distributed to each heir is insufficient.

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5. Petition, item 33: The list of costs advanced by the attorney includes a request for reimbursement of $26.35 in overnight postage fees and $84.04 in photocopying costs. Postage and copying costs are not reimbursable absent extraordinary circumstances. (Solano County Local Rule, rule 7.72(b)) What circumstances warrant judicial approval of these expenses?

6. Petition, Schedule A: There is an entry labeled “Unaccounted for gain”. The petitioner shall clarify whether this was a gain on sale or a refund or other receipt.

IN RE THE ESTATE OF IMOGENE BURRIS, DECEASED Case No. FPR050346 Petition for Final Distribution PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. This matter was previously continued from November 19, 2021 to allow the petitioner to address issues with the petition. The court has reviewed the declaration and the other documents filed January 6, 2022 which resolved the outstanding issues. The court finds all notices have been given as required by law. The petition is granted as prayed, except that release of liability and discharge shall be ordered only upon the filing of the Ex Parte Petition for Final Discharge and Order once assets are distributed pursuant to Probate Code § 11753. Petitioner to submit a conforming order for the court’s review and signature.

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IN RE THE ESTATE OF MARY BINGHAM, DECEASED Case No. FPR050585 Petition for Final Distribution PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. The court on its own motion continues this hearing to March 7, 2022, at 8:30 a.m. in Department 4. Pending the re-set hearing, the petitioner shall resolve the following issues as they relate to the petition:

1. The proof of service attached to the Notice of Hearing showing all those entitled to receive notice of hearing on the petition is not completed. (Probate Code § 1215.)

2. Additional Property Received: The accounting shows that the Title Company advanced a cost retainer. It is unclear why this was necessary and the retainer was not paid back upon the sale of the house. The petitioner shall clarify.

IN RE THE ESTATE OF AVIS BONITA DUHART, DECEASED Case No. FPR050629 Petition for Final Distribution PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is

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intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. The court finds all notices have been given as required by law. The petition is granted as prayed, except that release of liability and discharge shall be ordered only upon the filing of the Ex Parte Petition for Final Discharge and Order once assets are distributed pursuant to Probate Code § 11753. IN RE THE ESTATE OF WALTER J. BATES, DECEASED Case No. FPR050640 Petition for Final Distribution PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. This matter was previously continued from November 22, 2021 to allow the petitioner to address issues with the petition. The court has reviewed the Supplement filed December 16, 2021 which resolved the outstanding issues. The court finds all notices have been given as required by law. The petition as supplemented is granted as prayed, except that release of liability and discharge shall be ordered only upon the filing of the Ex Parte Petition for Final Discharge and Order once assets are distributed pursuant to Probate Code § 11753.

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IN RE THE ESTATE OF PAUL ROVI MOSELY, DECEASED Case No. FPR050883 Petition Re Spousal Property PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. This matter was previously continued from August 20, 2021, October 22, 2021, and November 22, 2021 to allow the petitioner to address an issue with the petition. The court has reviewed the Proof of Service filed December 30, 2021, although the court notes that the hearing date stated on the Notice is January 10, 2021, not 2022. The court will continue this matter one final time to allow the petitioner to give correct notice of the next hearing. The court on its own motion continues this hearing to March 7, 2022, at 8:30 a.m. in Department 4. The petitioner will give correct notice of this next hearing to interested parties. IN RE THE ESTATE OF JOSE A. HERNANDEZ, DECEASED Case No. FPR050958 Review PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to

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facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. This matter was previously continued from November 19, 2021 to allow the petitioner to file a declaration to cure the remaining issues with the amended petition. Nothing has been filed since the last hearing. The court on its own motion continues this hearing to March 7, 2022 , 2022, at 8:30 a.m. in Department 4. Pending the re-set hearing, the petitioner shall resolve the following issues as they relate to the amended petition:

1. ***Advisory***: The petitioner is reminded that if relief is sought in the body of the petition, it must also appear in the petition’s caption. Here, the amended petition seeks full Independent Administration of Estates Act authority but the caption does not.

2. Amended Petition, item 2: While Item 2 identifies the petitioner, Item 2.b does not identify the proposed personal representative. The petitioner is to confirm that the petitioner is the proposed personal representative

3. Amended Petition, item 5.a: Either (2)(a) or (2)(b) must be checked. Either (3) or (4) must be checked. Either (5) or (6) must be checked. Either (7) or (8) must be checked.

The Proof of Service attached to the Amended Notice of Petition to Administer Estate does not have a date for the signature of the person who served the documents. IN RE THE ESTATE OF DAVID A. HUNT, DECEASED Case No. FPR051049 Petition Re Spousal Property PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be

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permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. This matter was previously continued from November 29, 2021 to allow the petitioner to address issues with the petition. The court has reviewed the Supplemental Declaration filed December 10, 2021 and the Assignment filed December 22, 2021 which resolved the outstanding issues. The court finds all notices have been given as required by law. The petition as supplemented is granted as prayed. IN RE THE MATTER OF THE DODSON 1999 REVOCABLE TRUST Case No. FPR051109 Petition PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. The court on its own motion continues this hearing to March 7, 2022, at 8:30 a.m. in Department 4. Pending the re-set hearing, the petitioner shall resolve the following issues as they relate to the petition:

1. The petitioner used an incorrect Notice of Hearing form (DE-120). The petition seeks relief under Probate Code § 850 which requires the use of the Notice of Hearing to Determine Claim to Property (DE-115).

2. The proof of service attached to the Notice of Hearing showing all those entitled to receive notice of hearing on the petition is not completed. (Probate Code §§ 17203, 1215.)

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The petition filed by the beneficiaries which was continued to January 10, 2022 to be heard concurrently with this petition is also continued to the next court date. IN RE THE ESTATE OF RALPH J. CUBEROS, DECEASED Case No. FPR051130 Petition to Administer Estate PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. The court on its own motion continues this hearing to March 7, 2022, at 8:30 a.m. in Department 4. Pending the re-set hearing, the petitioner shall resolve the following issues as they relate to the petition:

1. Petition, item 1: The petitioner did not specify which newspaper will be used for publication.

2. Petition, item 3.b: The country of the decedent’s citizenship must be specified.

3. Petition, item 3.d: The value of the estate is stated as $48,240.00. This appears incorrect. The value of the personal property is stated as $170,000 plus annual income of $240.00.

4. Petition, item 3.h: Either (3) or (4) must be marked.

5. Petition, item 5.a: Either (3) or (4) must be marked.

6. Petition, item 8: The predeceased spouse and child’s names and dates of death must be provided. (Solano County Local Rule, Rule 7.51(b).)

7. The petition proposes to admit the decedent’s June 17, 2017 will to probate. However, the terms of the will devise the entire estate to the Trustee of the Trust

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Agreement. The petitioner must file a copy of the trust, with all amendments, disclaimers and corrections, with the court under confidential cover. (Solano County Local Rules, Rule 7.51(c).)

8. Duties and Liabilities of Personal Representative (DE-147): The telephone number for the personal representative is missing.

IN RE THE ESTATE OF PHYLLIS CLEMENTS, DECEASED Case No. FPR051134 Petition to Administer Estate PREGRANT ORDER Department 4’s courtroom is open to the public. Appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will receive an invitation to attend the hearing via Zoom. They may forward that invitation to any party, party-representative or person interested in the action, and such persons may appear remotely via Zoom as well. The recurring Zoom meeting ID, password, and phone number(s) will also appear on the probate pre-grant posting for the calendar date in question. The Zoom based calendar is intended to facilitate continued case management while pandemic related guidelines, directives or requirements are in effect. If you are enabling a video Zoom appearance make sure you can’t be seen or heard eating, drinking or engaging in other behavior that would not be permitted in the courtroom. Observe all the protocols you would observe if appearing before the judge in open court or via Court Call. For individuals appearing in the courtroom, social distancing and face masking measures will be enforced as long as they are required by state or local public health directives or the presiding judge. The court finds all notices have been given as required by law. The petition is granted as prayed. The court appoints Dina Young as administrator with full authority under the Independent Administration of Estates Act. Bond is waived. The court appoints Paul Miller as probate referee. The personal representative is reminded of the requirement to file the Inventory & Appraisal within four months as required by Probate Code section 8800.

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9:00 CALENDAR

PORTFOLIO RECOVERY ASSOCIATES, LLC v. SUNNY S. GILL Case No. FCM161156 Plaintiff’s Motion to Vacate Judgment TENTATIVE RULING The hearing on Plaintiff’s motion is continued to January 10, 2022, at 9:00 a.m. in Dept. 4. Plaintiff may supplement its motion to address the following issues:

(1) The current motion is made pursuant to C.C.P. section 473(b), which on its face does not apply. Section 473(b) motions must be made no later than six months after entry of judgment by the person or party against whom the judgment was taken.

(2) The motion is silent as to whether or not, and when, the Defendant received actual notice of the default judgment at issue, when Plaintiff received notice from Defendant that she had been the victim of identity theft. Plaintiff shall address whether or not C.C.P. section 473.5 is a more appropriate basis for relief.

(3) Plaintiff also shall address the court’s inherent, equitable power to set aside a judgment on the grounds of extrinsic fraud or mistake, inadvertence or excusable neglect. Olivera v. Grace (1942) 19 Cal. 2d 570, 576-578; C.C.P. section 86(b)(3) [in limited civil cases, equitable grounds for relief include inadvertence or excusable neglect]

UNITED FINANCIAL CASUALTY COMPANY v. BLAIR BRADSHAW Case No. FCM170779 Motion to be Relieved as Counsel TENTATIVE RULING Attorney Kevin M. Smith’s motion to be relieved as Defendant Blair Bradshaw’s counsel is granted. Attorney Kevin Smith is relieved as counsel for Defendant Blair Bradshaw. If Defendant Bradshaw fails to appear at the hearing, then counsel’s proposed order will need to be amended to reflect his non-appearance. If attorney Smith has developed additional contact information for service of the court’s order on Defendant Bradshaw, then that will need to be added to the order as well.

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JP MORGAN CHASE BANK, N.A. v. JEFFREY J. PEPPER Case No. FCM174345 Plaintiff’s Motion to Vacate Default and Set Aside Default Judgment TENTATIVE RULING Plaintiff’s unopposed motion is granted. The Clerk’s Default Judgment filed April 8, 2021, is set aside, and Defendant’s default entered April 8, 2021, is vacated. A case management conference is set for Feb. 15, 2021, at 9:00 a.m. in Department 4. Defendant shall answer or otherwise respond to Plaintiff’s complaint within thirty (30) days of the date of this order. Plaintiff is to give Defendant adequate notice of this order. If the case resolves before Feb. 15, 2021, Plaintiff shall promptly file the appropriate notice of settlement or dismissal. CHONG v. NATIONWIDE MUT. INS. CO., ET AL. Case No. FCM177594 Petition to Compel Arbitration TENTATIVE RULING The petition to compel arbitration is denied. The insured is required to file a suit against the uninsured motorist, reach an agreement with the insurer regarding the amount due under the policy, or “formally institute[] arbitration proceedings by notifying the insurer in writing sent by certified mail, return receipt requested” within two years of the date of the accident. (Ins. Code § 11580.2(i)(1), emphasis added.) Timely suit, agreement, or arbitration are absolute conditions precedent to the enforcement of uninsured motorist coverage. (Kortmeyer v. Cal. Ins. Guar. Ass’n (1992) 9 Cal.App.4th 1285, 1290-1292.) An insured’s failure to act within the time limit imposed by the statute “constitutes a waiver of the right to arbitrate”. (Pac. Indem. Co. v. Superior Court (1966) 246 Cal.App.2d 63, 67, quoting Aetna Cas. & Surety Co. v. Superior Court (1965) 233 Cal.App.2d 333, 339.) This statute “imposes an absolute obligation on the insured to comply with its mandates or else the insured forfeits his claim.” (Blankenship v. Allstate Ins. Co. (2010) 186 Cal.App.4th 87, 94.) Petitioner has not timely complied with the requirements of the statute. Petitioner alleges that the accident occurred on April 10, 2019. (Petition, ¶ 4.) Therefore, Petitioner would normally have had until April 10, 2021 to comply with statutory requirements. Petitioner admits that he never filed any action against the uninsured motorist. (Id. at ¶ 15.) Petitioner admits that no agreement was reached with Respondent within the limitations period. (See, id. at ¶¶ 13-14 [Respondent denied Petitioner’s claim].) There is no allegation in the petition, and no evidence presented, suggesting that any arbitration was demanded within the limitations period.

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Petitioner alleges that a demand for Respondent to “either resume settlement negotiations or agree to arbitrate” was made on August 2, 2021. (Petition, ¶ 16.) The court takes judicial notice of Emergency Rule 9 of the Emergency Rules Related to COVID-19 issued by the Judicial Council, which tolled any statutes of limitations and repose for civil causes of action between April 6, 2020 and October 1, 2020. (Respondent’s RJN, Exh. A, p. 13.) Due this tolling, the last date for Petitioner to comply with statutory requirements was October 5, 2021. Petitioner’s alleged demand was made prior to the expiration of the limitations period. But, while Petitioner’s August 2, 2021 communication can reasonably be construed as a demand for arbitration, having threatened to file a petition to compel arbitration if Respondent did not “agree to the (i)(1)(c) arbitration”, it was not a formal institution of arbitration proceedings in the manner required by statute. (Petition, Exh. F.) Petitioner has not alleged any facts, nor produced any evidence, supporting the application of any doctrine of estoppel, waiver, impossibility, impracticability, or futility that might excuse the noncompliance with the statutory timeframe. (Ins. Code § 11580.2(3).) HARTFORD ACCIDENT & INDEM. CO. v. VALERO REFINING CO. ET AL. Case No. FCS054535 Motion to Compel Further Responses to: 1) Special Interrogatories, 2) Requests for Admission, 3) Form Interrogatories, and 4) Requests for Production of Documents TENTATIVE RULING Counsel are to appear for hearing, prepared to discuss the possibility of the court appointing a discovery referee, to be paid for by their clients, to help resolve these numerous disputes over the discovery at issue in this motion.