Marylouise Avist v. Nathan Fite et al

Marylouise Avist v. Nathan Fite et al 25CV000794

PLAINTIFF MARYLOUISE AVIST’S MOTION FOR LEAVE OF COURT TO FILE A SECOND AMENDED COMPLAINT

APPEARANCE REQUIRED. The Court finds good cause for granting the motion, and no opposition in the Court’s file. However, counsel are directed to appear to discuss the propriety of granting the named Plaintiff leave to file an amended complaint in light of the Notice of Death of Plaintiff filed May 8, 2026.

The moving party failed to include in the notice of this motion proper notice of the Court’s tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing.

On April 10, 2026, Plaintiff Marylouise Avist filed a Motion for Leave of Court to File a Second Amended Complaint. On May 8, 2026, counsel for Plaintiff filed a Notice of Death of Plaintiff on April 13, 2026.

While the Court finds good cause for permitting the proposed amendment, to correct the date of the alleged incident, the Court is concerned that the named Plaintiff is no longer the proper party, and as a result, the Court would like to discuss whether substitution of the correct party plaintiff should precede and/or coincide with the amendment proposed here.

PROBATE CALENDAR – Hon. Joseph J. Solga, Dept. B (Historic Courthouse) at 8:30 a.m.

Estate of Wesley Richard Hill, Jr. 21PR000041

STATUS HEARING RE: FINAL DISTRIBUTION

TENTATIVE RULING: A status report is on file. Based on the Court’s review of the status report, the Court determines that continuation of administration is in the best interests of the estate and/or of interested persons. Thus, the Court orders that administration of the estate continue. (Prob. Code, § 12201, subd. (c)(2).) The matter is CONTINUED to December 31, 2026, at 8:30 a.m. in Dept. B. The Status Hearing may be vacated if, prior thereto, the Personal Representative files a petition for an order for final distribution. The Personal Representative shall file a status report 10 days prior to the next hearing. The Clerk is directed to provide notice to the parties.

8