Julianne Wurm v. James Pitkow et al

In The Matter of Valerie T. Armijo Revocable Trust 26PR000059

SECOND AMENDED PETITION FOR ORDER CONFIRMING TRUST OWNERSHIP OF ASSETS

TENTATIVE RULING: The petition is GRANTED.

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

Julianne Wurm v. James Pitkow et al 24CV000921

PLAINTIFF JULIANNE WURM’S MOTION FOR RELIEF UNDER CODE OF CIVIL PROCEDURE SECTION 473(b) FROM THE COURT’S MAY 21, 2026 ORDER ADOPTING THE TENTATIVE RULING ON PLAINITIFF’S MOTION TO TAX COSTS

TENTATIVE RULING: This matter is CONTINUED to July 31, 2026, at 8:30 a.m. in Dept. B to allow the moving party to provide sufficient notice of the motion.

There is no Proof of Service of Plaintiff’s motion on file, as required by Rules of Court, rule 3.1300, subdivision (c). In Opposition, Defendants claim the motion was served via electronic means on June 5, and only after Defendants’ counsel contacted Plaintiff’s counsel to serve the papers. Plaintiff implicitly concedes the foregoing by failing to file a Reply to the Opposition.

June 3 was the last day for service, by electronic means, of a notice and papers filed in support of a motion set for hearing on June 30. (See Code Civ. Proc., §§ 12c, subds. (a) and (b), 1005, subd. (b), and 1010.6, subd. (a)(3)(B).) Thus, the moving party failed to serve the notice and moving papers 18 court days before the hearing as required. Defendants do not waive the notice defect. As such, the Court is without jurisdiction to hear it. (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204-05 [“The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.”].)

The moving party is directed to (1) prepare an Amended Notice which contains the continued hearing date, as well as notice of the Court’s tentative ruling system as required by Local Rule 2.9, (2) provide timely service of the Amended Notice and moving papers to all other parties, and (3) file a proof of service pursuant to Rules of Court, rule 3.1300, subd. (c).

Defendants are granted leave to file and serve an Amended Opposition no later than July 20. Any Amended Opposition should be a complete and self-contained opposition and not simply an addendum to the opposition memorandum filed June 8 and shall comply with all procedural requirements for oppositions to motions.1 Plaintiff is then granted leave to serve and file, no later than July 24, a Reply that complies with all procedural requirements for replies in support of motions. 1 To be clear, if an Amended Opposition is filed, the Court will disregard the original June 8 Opposition.

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