The court addresses the evidentiary issues. Defendants Edward Zitter and Judith Zitter, Co-Trustees of the Zitter Family Trust Dated August 9, 2004's evidentiary objections are all OVERRULED. Plaintiffs John F. Jarecki, Jr., and Maria Jarecki, Trustees of the John and Maria Jarecki Trust Dated July 8, 1998's objections are all OVERRULED.
The court then rules as follows. Plaintiffs motion for cost of proof award is DENIED. There are several procedural issues presented on this motion.
Preliminarily, court records show that Plaintiffs filed a "Notice of Motion and Motion for Costs of Proof Award; Proof of Service [ROA 602], and a "Notice of Motion and Motion for Costs of Proof Award; [corrected] Proof of Service" [ROA 603] on July 27, 2020 with a hearing date of October 23, 2020. On September 26, 2020, Plaintiffs filed a "Notice of New Hearing on Motion for Costs of Proof Award; Proof of Service [ROA 629]. It appears Plaintiffs are no longer relying on the papers filed on July 27, 2020,
Hearing Date
December 03, 2020
Category
Civil - Unlimited
Type
Misc Complaints - Other
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The court addresses the evidentiary issues. Defendants Edward Zitter and Judith Zitter, Co-Trustees of the Zitter Family Trust Dated August 9, 2004's evidentiary objections are all OVERRULED. Plaintiffs John F. Jarecki, Jr., and Maria Jarecki, Trustees of the John and Maria Jarecki Trust Dated July 8, 1998's objections are all OVERRULED.
The court then rules as follows. Plaintiffs motion for cost of proof award is DENIED. There are several procedural issues presented on this motion.
Preliminarily, court records show that Plaintiffs filed a "Notice of Motion and Motion for Costs of Proof Award; Proof of Service [ROA 602], and a "Notice of Motion and Motion for Costs of Proof Award; [corrected] Proof of Service" [ROA 603] on July 27, 2020 with a hearing date of October 23, 2020. On September 26, 2020, Plaintiffs filed a "Notice of New Hearing on Motion for Costs of Proof Award; Proof of Service [ROA 629]. It appears Plaintiffs are no longer relying on the papers filed on July 27, 2020,