Accounting, Compliance Review Hearing, Hearing, Order to Show Cause: Sanctions
The Motion to Amend the Second Amended Complaint is denied. The Motion to Compel Arbitration is granted. Darryl Genis is ordered to arbitrate the causes of action in his Second Amended Complaint against Daniel Genis in accordance with the terms of the Confidential Settlement and Release. Those causes of action are hereby stayed as against Daniel Genis pending further order of the court. The causes of action against the Stupin defendants are also stayed pursuant to Code of Civil Procedure section 1281.2 pending further order of the court.
The remaining motions are to be decided by the arbitrator. Defendants are directed to provide the court with a proposed order reflecting these rulings. [1] Darryl Genis's argument that the Stupins have been dismissed out of this case as defendants is thus unsupported by the record. (See Stipulation and Order for Interlocutory Order of Discharge for Interpleader signed May 3, 2023 by Judge Colleen Sterne.)The Stupins arguably remain as named defendants in the first cause of action (Declaratory and Injunctive Relief), the third cause of action (recission of Second Contract Within CSAR To Waive Petition to Probate of Estate of Arline Genis) and the ninth cause of action (Civil Conspiracy).
The Order did not dismiss them from the first cause of action and they are named as defendants in the prayer of the third and ninth causes of action. Thus, the record is not clear that the Stupins have been dismissed from this action entirely.
Tentative Ruling: Conservatorship of Edith M Edwards Tentative Ruling: Conservatorship of Edith M Edwards Case Number
Case Type Conservatorship Hearing Date / Time Wed, 10/04/2023 - 08:30 Nature of Proceedings Accounting, Compliance Review Hearing, Hearing, Order to Show Cause: Sanctions Tentative Ruling Probate Notes: Appearances required. Order to Show Cause It is recommended the Court order sanctions in the amount of $300 per day until an accounting is filed. (Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 374.) Final Accounting The Court ordered the Final Accounting to be filed by September 13, 2023.
There is still no accounting on file. Conservatorship Compliance A Proof of Service - Notice of How to File Objection to I & A is still outstanding. Conservator must file a Proof of Service (Form GC-042) that this form was mailed to the conservatee, the conservatee's spouse, and the conservatee's parents and adult children or mailing excused by court. (Prob. Code, Sec. 2610) Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Meeting ID: 160 047 8568 Passcode: 9258167
Tentative Ruling: Matter of the Terrones Family trust