Judge Jamoa A. Moberly: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Demurrer And Motion to Strike
For the reasons stated below, the demurrer is overruled and the motion to strike is denied.
While Mr. Hauser technically should have filed a separate, formal motion for leave to file an amended pleading substituting in Karl Hauser, successor trustee, for Karl Hauser, tru...

Motion to Compel Further Responses to Request to Produce The court DENIES the motion by Elaine McElhone, Joseph Scowron, and John Skowron (collectively, “Siblings”) for an order compelling Suzanne Skowron (“Suzanne”) to serve further verified responses to their First Set of Requests for Production of Docum...

Motion to Quash Subpoena Off Calendar per notice filed 1/30/2017.

Motion to Be Relieved as Counsel Grant. Matsen Voorhees Mintz’s Motion to be Relieved as Counsel of record for John H. Thompson is granted. Order to be effective upon filing proof of service of the order on Mr. Thompson. M/p counsel to include all pending hearing dates and any orders to appear as to Mr. Th...

Christian Von Mueller’s Motion to Transfer Venue of Trust Administration
Deny.
The court DENIES Christian Von Mueller’s motion to transfer this action to San Diego County Superior Court.
There are only two petitions pending in this matter: second and final accountings by Former Trustee Jeffrey Mar...

Motion to Compel filing of Request for Dismissal with Prejudice and for Monetary Sanctions
The court DENIES Susan Hollander’s (“Susan’s”) motion to compel Jeffrey Hollander (“Jeffrey”) to file a request for dismissal with prejudice, and for sanctions under Code of Civil Procedure section 128.5.
Jeffr...

Motion to Be Relieved as Counsel Off Calendar as substitution of attorney has been filed.

Demurrer to Petitioner’s First Amended Petition Off Calendar. On 1/20/17 Judge Moss transferred all whaler matters to CX101

Motion to Be Relieved as Counsel Grant. Attorney Tamsen R. Reinheimer’s Motion to be relieved as counsel of record for Amie Vielma, Administrator, is granted. Order will be effective on filing proof of service of the order. M/p to give notice.

The court DENIES Renee Mann’s (“Renee’s”) motion to strike certain portions of Alex Mann’s (“Alex’s”) Objections and Opposition to Renee’s 05/03/16 Petition. The motion fails procedurally because there appears to be no statutory or other right for Renee to bring it. Renee asks the court to strike the First...

Renee Mann’s Motion to Strike Portions of Objections of Alex Mann
The court DENIES Renee Mann’s (“Renee’s”) motion to strike certain portions of Alex Mann’s (“Alex’s”) Objections and Opposition to Renee’s 04/29/16 Petition. The motion fails procedurally because there appears to be no statutory or other ...

Demurrer of Exeter Fiduciary Services, LLC and William Exeter to Second Amended Petition (Causes of Action 1, 2, 4, 5, 6, and 7) Sustain in part and Deny in part. The court SUSTAINS the demurrer by Exeter Fiduciary Services, LLC and William Exeter (collectively, the “Exeter Parties”) to the First and Secon...

1) Motion for Protective Order 2) Motion to Compel and for Monetary Sanctions
Motion (1): The motion by third-party Towne, Inc. dba Towne Allpoints (“Towne”) for a protective order in connection with the business records subpoena issued by Diane Monroe on 8/29/2016 to Citizens Business Bank is granted. ...

Motion for Judgment Enforcing Liability on Bond

Frederic Bahr’s Motion to Deem Matters Admitted as to RFA’s (Set One) to Victoria Bahr and Request for Monetary Sanctions
The court DENIES Frederic Bahr’s (“Frederic’s”) motion to deem admitted the requests included in the Requests for Admission (Set One) propounded on Victoria Bahr (“Victoria”).
It ...

Motion for Protective Order
The court GRANTS Jordan Kyle’s (“Jordan’s’) motion for a protective order as follows: Hilary Kyle (“Hilary”) may select up to 90 of the requests for admission of fact contained in the Second Set of Requests for Admission at issue in this motion. She must notify Jordan of her ...

RE Wahler matters on calendar today: Court intends to continue all to 2/2/17 at 10:30 am Dept C6 pending Judge Moss’ ruling on whether to deem these cases complex and order them transferred to Complex.

MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION – SET FOUR FOUR The court GRANTS the unopposed motion by Thea Felkel, Annett Welch, and Maria Bolding (collectively, “Moving Parties”) for an order: (1) compelling Caroline Bolding-Maclean to serve verified responses without objection to Requests for Pr...

Susan Castillo (Successor Trustee) Motion for Summary Judgment/Adjudication The court DENIES the motion by Susan Castillo (successor Trustee of The Raymond Castonguay Revocable Living Trust Established August 21, 1996) (“Castillo”) for an order granting her summary judgment as to Raymond J. H. Castonguay I...

Frances Santiago Becerra’s Motion for Order (1) authorizing her to Sell Real Property; and (2) waiving the requirement of bond Deny. The court DENIES Frances Santiago Becerra (“Becerra’s”) motion for an order: (1) authorizing her to proceed with the sale of certain real property; and (2) waiving the requir...

Julian Pollok’s (“Pollok’s”) motion for summary judgment as to Ashley Alduenda’s (“Aluenda’s”) Amended Petition filed 03/20/15 or, in the alternative, summary adjudication of 13 designated issues.
Denied. The court DENIES Julian Pollok’s (“Pollok’s”) motion for summary judgment as to Ashley Alduenda’s (...

Robert Reynolds’ Demurrer to Trust Petition of James Reynolds
Overrule. The Court finds that Robert Reynolds’ counsel’s meet and confer efforts made immediately after the initial hearing on October 31, 2016 were sufficient under the circumstances, in that at the time of the meet and confer the parties h...

William Oberstein’s Motion to Enforce Settlement Agreement
The court DENIES William Oberstein’s motion for an order enforcing the settlement agreement entered into between himself and Josephine Obserstein, pursuant to Code of Civil Procedure section 664.6 (“Section 664.6”). THE COURT’S JURISDICTION UNDE...

Respondents’ Motion for Leave to Amend Objection to First Amended Petition Grant. The motion for leave to file amended objections is granted. The court views the additional standing defense as a procedural formality; the factual grounds supporting the standing defense were already set forth in the objectio...