Latrice Allen, as Administrator of the Estate of Ernest L. Allen, Sr. v. PHH Mortgage Service, et al.

alleges no facts to support this conclusion. Furthermore, Plaintiff does not allege that Plaintiff's business or property sustained damages. In an abundance of caution, the Court will provide Plaintiff with one final opportunity to amend. (See City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 747.)

Accordingly, Defendants' demurrer to the second amended complaint is SUSTAINED with leave to amend as to the second, third, fourth, fifth, eighth, and ninth causes of action in the second amended complaint. Defendant's demurrer is SUSTAINED without leave to amend as to the sixth and seventh causes of action in the second amended complaint. Plaintiff is to file an amended complaint within 10 days. IT IS SO ORDERED.

Dated: August 27, 2026 ___________________________________ Rolf M. Treu Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at [email protected] by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.

Judge Rolf M. Treu, Department 415

HEARING DATE: August 27, 2026

TRIAL DATE: Not set.

CASE: Latrice Allen, as Administrator of the Estate of Ernest L. Allen, Sr. v. PHH Mortgage Service, et al.

CASE NO.: 25STCV32836

MOTIONS TO COMPEL DISCOVERY RESPONSES

MOVING PARTY/PARTIES: Defendant Sunset Fund III Inc.

RESPONDING PARTY/PARTIES: Plaintiff Latrice Allen, as administrator of the Estate of Ernest L. Allen, Sr.

PROOF OF SERVICE: · Plaintiff addresses the merits of Defendant's motion, and thereby waived any procedural objections. (See In re Marriage of Falcone (2008) 164 Cal.App.4th 814, 826.)

CASE HISTORY: · November 10, 2025: Complaint filed. · March 4, 2026: First amended complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Defendant Sunset Fund III Inc. ("Defendant") moves to compel responses from Plaintiff Latrice Allen, as administrator of the Estate of Ernest L. Allen, Sr. ("Plaintiff) to: Special Interrogatories, set one ("SROG"); and Requests for Production, set one ("RPD"). Defendant also moves to deem admitted matters specified in Requests for Admissions, set one ("RFA").

Plaintiff filed oppositions to the motions on August 19, 2026. Given the hearing date of August 27, 2026, Plaintiff's opposition was due by August 14, 2026. (Code Civ. Proc., Sec. 1005, subd. (b).) The Court therefore will not consider the opposition papers. (Cal. Rules of Court, rule 3.1300, subd. (d); Jack v. Ring LLC (2023) 91 Cal.App.5th 1186, 1210.)

TENTATIVE RULING: Defendant's motions to compel discovery responses are DENIED. Moving party to give notice, unless waived.

DISCUSSION: Defendant served the SROG, RPD, and RFA on Plaintiff on January 20, 2026 by mail and email. Then, the Court entered the parties' proposed order on February 18, 2026. That order provides, in pertinent part, "The parties agree that any previously served discovery in connection with the original Complaint shall be deemed moot and reserved, without prejudice, to be reissued as appropriate following the filing and acceptance of the First Amended Complaint." (February 18, 2026 Order.)

As such, Defendant stipulated that the discovery Defendant served on Plaintiff on January 20, 2026 is moot. Accordingly, Defendant's motions to compel discovery responses are DENIED. Moving party to give notice, unless waived.

IT IS SO ORDERED.

Dated: August 27, 2026 ___________________________________ Rolf M. Treu Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at [email protected] by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part. | Home -->)" -->