MURPHY vs HERB THOMAS, CONSERVATOR OF THE ESTATE OF RAYMOND SAUNDERS, et al.

24CV084911: MURPHY vs HERB THOMAS, CONSERVATOR OF THE ESTATE OF RAYMOND SAUNDERS, et al. 07/09/2026 Hearing on Motion for Order SUBSTITUTING PERSONAL REPRESENTATIVE FOR DECEASED DEFENDANT; filed by Frank Murphy (Plaintiff) CRS# 119279188127 in Department 512

Tentative Ruling - 07/07/2026 Elizabeth Riles

On plaintiff Frank Murphy’s (“Plaintiff”) unopposed Motion for Order Substituting Personal Representative for Deceased Defendant Raymond Saunders (“Decedent”), the Court ORDERS THE PARTIES TO APPEAR at the hearing on Thursday, 7/9/2026 at 2:30 p.m..

The moving Herlihy Declaration references four exhibits that are not attached to the copy of the declaration filed with the Court. Further, Plaintiff has not provided Dept. 512 with an electronic courtesy copy containing the exhibits at dept512courtesycopy@alameda.courts.ca.gov, Dept. 512’s email address for electronic courtesy copies.

Because the requirement to provide evidence of Plaintiff’s compliance with CCP § 377.41 and Probate Code § 9370 is mandatory, the Court ORDERS Plaintiff to serve and file a copy of the Herlihy Declaration containing the missing exhibits as soon as reasonably possible and in no event later than before the commencement of the 7/9/2026 hearing. Plaintiff shall provide Dept. 512’s courtesy copy email address above with a courtesy copy of the re-filed Declaration prior to the hearing. If the re-filed declaration establishes Plaintiff’s performance of the statutory requirements, the Court will be inclined to grant the unopposed Motion.