CASE MANAGEMENT CONFERENCE; MOTION TO SET ASIDE DEFAULTS AND FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; MOTION FOR AN ORDER ALLOWING SERVICE ON UNKNOWN PARTIES BY PUBLICATION
The Court notes that it is currently setting matters for trial in May – June of 2027. The Court further takes judicial notice of the fact that Welsh v. Brown is set to proceed to trial in September or October of 2026. The Court finds from the foregoing, that the timing of the resolution of those issues in Welsh v. Brown that are material to Plaintiff’s claims here, no longer constitutes grounds for prohibiting the parties in this action from proceeding with discovery.
Based on the foregoing, the motion is GRANTED. However, the Court defers setting the matter for trial to the Case Management Conference set for July 22, 2026.
Bank of America N.A. v. Kristen Rose Sass 24CV000269
MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT UNDER TERMS OF STIPULATED SETTLEMENT
TENTATIVE RULING: The motion is GRANTED.
Plaintiff Bank of America, N.A. moves, pursuant to Code of Civil procedure 664.6, for an order to vacate the dismissal and for entry of judgment under terms of the stipulated settlement.
Good cause appearing, and no opposition having been filed, the Motion is GRANTED.
John Michael Cole et al v. The Testate and Intestate 25CV000177 Successors of Paula Von Duering, Deceased et al
[1] CASE MANAGEMENT CONFERENCE
In light of the rulings below, the Court continues the Case Management Conference in this matter to August 5, 2026, 8:30 am in Department B.
[2] MOTION TO SET ASIDE DEFAULTS AND FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
TENTATIVE RULING: The motion is GRANTED. Plaintiffs are granted 15 Court days leave to file a Second Amended Complaint in substantially the same form as that attached as Exhibit A to the Declaration of John H. Heffner.
Plaintiffs John Michael Cole and Anna Janae Cole, as Trustees of the Cole Family Trust Dated December 29, 2004, move, pursuant to Code of Civil Procedure sections 473, subdivision (a)(1) and 473, subdivision (d), for an order setting aside all defaults entered against defendants in the action, and granting Plaintiffs leave to file the proposed Second Amended Complaint.
Good cause appearing, and no opposition having been filed, the Motion is GRANTED.
[3] MOTION FOR AN ORDER ALLOWING SERVICE ON UNKNOWN PARTIES BY PUBLICATION
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TENTATIVE RULING: The motion is GRANTED.
Plaintiffs John Michael Cole and Anna Janae Cole, as Trustees of the Cole Family Trust Dated December 29, 2004 10 move, pursuant to California Code of Civil Procedure section 415.50, for an order allowing service of process by publication on: (1) the testate and intestate successors of Paula Von Duering, deceased (Decedent), and all persons claiming by, through, or under such Decedent; and (2) all persons unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in the Second Amended Complaint adverse to Plaintiffs’ title, or any cloud on Plaintiffs’ title thereto.
By the Second Amended Complaint, Plaintiffs seek to quiet title to specific real property. In quiet title actions, “[t]he form, content, and manner of the service of summons shall be the same as in civil actions generally.” (Code Civ. Proc., § 763.010, subd. (a).) “If upon affidavit it appears to the satisfaction of the court that the plaintiff has used reasonable diligence to ascertain the identity and residence of and to serve summons on the persons named as unknown defendants and persons joined as testate or intestate successors of a person known or believed to be dead, the court shall order service by publication pursuant to Section 415.50 and the provisions of this article.” (Id. at subd. (b).)
The Court finds, from the evidence submitted, good cause for ordering service by publication pursuant to Section 415.50. (See Declaration of John Heffner and Exhibits attached thereto.)
The order requested through the Notice of Motion is overly broad in that it would not be limited to unknown successors of PAULA VON DUERING. However, the [Proposed] Order filed in support of the motion is properly limited to only the unknown successors. The Court will, therefore, sign the [Proposed] Order.
Denise Anderson et al v. United Rental Realty, LLC 25CV001597
[1] PLAINTIFFS AND CROSS-DEFENDANT’S MOTION TO COMPEL RESPONSES TO WRITTEN DISCOVERY
TENTATIVE RULING: In light of Defendant and Cross-Complainant United Rental Realty, LLC’s (“Defendant”) filing on April 30, 2026 of a notice and motion for relief for the failure to serve timely discovery responses pertaining to the same discovery requests at issue in the instant motion, the instant motion is CONTINUED to May 27, 2026 at 8:30 a.m. in Dept. B to coincide with the hearing on Defendant’s related motion.
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