Motion for Judgment on Bond
possession of estate property. Mr. Puffelis is also requesting an accounting. Orders addressing these concerns must be sought by petition, not motion. (See Probate Code §§ 850 and 17200 and Welfare and Institutions Code sections 15600 et seq.)
For the foregoing reasons, the motion is denied as procedurally defective. This ruling is made without prejudice to Mr. Puffelis’s right to seek the relief requested in a procedurally appropriate manner.
01094693 Schwarz - TENTATIVE RULING Probate Case: Schwarz - Probate 01094693
Calendar No: 3 Date: 08/05/26
MOTION FOR JUDGMENT ON BOND (ROA 163)
Travelers Casualty and Surety Bond Company of America ("Travelers") moves for judgment against Administrator Maximillian Schwarz ("Administrator"), the former administrator of the Estate of Jon Michael Schwarz in the amount of $80,000.00, pursuant to Code of Civil Procedure sections 882 and 883.
Code of Civil Procedure section 882(b) provides the legal basis for the requested judgment. It states as follows:
If two or more judgment debtors are jointly liable on a money judgment:
(b) If the judgment is based upon an obligation of one judgment debtor as surety for another and the surety satisfies the judgment or any part thereof, whether voluntarily or through enforcement procedures, the surety may compel repayment from the principal.
Code of Civil Procedure section 883 provides the procedural mechanism for obtaining the judgment requested. It states as follows:
(a) A judgment debtor entitled to compel contribution or repayment pursuant to this chapter may apply on noticed motion to the court that entered the judgment for an order determining liability for contribution or repayment. The application shall be made at any time before the judgment is satisfied in
full or within 30 days thereafter.
(b) The order determining liability for contribution or repayment entitles the judgment debtor to the benefit of the judgment to enforce the liability, including every remedy that the judgment creditor has against the persons liable, to the extent of the liability.
(c) Nothing in this section limits any other remedy that a judgment debtor entitled to contribution or repayment may have.
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Here, Travelers posted a surety bond in the amount of $80,000.00 on behalf of Administrator (Bond No. 107415518). On 2/7/24, the court issued a Judgment for Surcharge against Administrator in the amount of $159,297.11. (ROA 109.) On 11/5/25, Travelers sent a check for $80,000.00 to Successor Administrator Lawrence Anthony Hempen, PPF.
The moving papers do not state that the check cleared, and no receipt has been filed. This motion is unopposed despite proof of service to Administrator and Successor Administrator. The court is inclined to issue the following orders upon assurance that the check from Travelers in the amount of $80,000.00 has cleared.
1. Judgment is entered in favor of Travelers and against Maximillian Schwarz in the sum of $80,000;
2. The Surcharge Judgment against Maximillian Schwarz is satisfied in the amount of $80,000; and
3. Travelers probate bond numbered 107415518 is hereby cancelled and exonerated, with prejudice.
Travelers shall prepare, file, and serve a Proposed Judgment. [Motion Type]
Sanburg – TENTATIVE RULING 01426688 Trust Case: Sanburg – Trust 01426688
Calendar No: 6 Date: 08/05/26
MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS (ROA 202)