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23PR000646·sacramento·Probate·Probate
Hearing 6 months agoGRANTED

In the Matter of the MICHAEL O. PRELETZ LIVING TRUST DATED JULY 24, 1985

Motion to Compel Non-Party Witness AT&T Compliance with Deposition Subpoena

Hearing date
Feb 18, 2026
Department
129
Judge
Prevailing
Moving Party

Motion type

Browse all Motion to Compel Discovery rulings statewide →

Parties

RespondentTamara Preletz
PetitionerJeffrey Preletz
PetitionerJennifer Santana

Attorneys

Michael C. Murphy(Law Offices of Michael C. Murphy)for Respondent
Jamie L. Ackermanfor Petitioner

Ruling

23PR000646: IN THE MATTER OF: MICHAEL O PRELETZ 02/18/2026 Hearing on Motion to Compel Deposition Motion to Compel and Deposition in Department 129

Tentative Ruling

RESPONDENT’S NOTICE OF MOTION AND MOTION FOR A COURT ORDER COMPELLING NON-PARTY WITNESS AT&T’S COMPLIANCE WITH RESPONDENT’S DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS AND THE PRODUCTION OF ALL RESPONSIVE DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

MOTION FILED: 12/23/2025

RE: In re the Matter of the MICHAEL O. PRELETZ LIVING TRUST DATED JULY 24, 1985,

MOVING PARTY: Respondent Tamara Preletz Attorney: Law Offices of Michael C. Murphy, (818) 558-3718

RESPONDING PARTIES: Petitioners Jeffrey Preletz and Jennifer Santana Attorney: Jamie L. Ackerman, (949) 945-2080

NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 129 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept129 and the Zoom Meeting ID is 161 3352 9231. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for

23PR000646: IN THE MATTER OF: MICHAEL O PRELETZ 02/18/2026 Hearing on Motion to Compel Deposition Motion to Compel and Deposition in Department 129

Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING Respondent Tamara Preletz’s (“Respondent”) motion for a court order compelling non-party witness AT&T’s compliance with Respondent’s deposition subpoena, dated November 4, 2025, is UNOPPOSED and GRANTED.

Opposition papers were due no later than nine court days before the hearing. (Code Civ. Proc., 1005(b).) Neither Petitioners nor non-party witness AT&T filed a response or opposition to Respondent’s motion to compel. The Court construes the failure to oppose the motion as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].)

The unopposed motion is GRANTED.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)

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