Vincent Lara vs. Alexis Paige Lewis

34-2023-00336808-CU-FR-GDS: Vincent Lara vs. Alexis Paige Lewis 10/24/2023 Hearing on Demurrer in Department 54

Tentative Ruling

Defendant Alexis Paige Lewis’s (“Defendant”) demurrer to the complaint of Plaintiffs Vincent Lara and Joseph Lara (“Plaintiffs”) is ruled upon as follows. Plaintiffs brought their complaint against Defendant in this action on March 23, 2023 alleging that Defendant wrongfully changed the beneficiaries of their father’s retirement account (the “Account”) held by Nationwide Life and Annuity Insurance Company (“Nationwide”). The parties’ father died on April 27, 2022. Plaintiffs allege that the beneficiary designation for the Account should be changed back to the designation that existed before Defendant allegedly altered it.

Defendant now demurs on the ground there is a misjoinder of parties because Nationwide is an indispensable party and has not been named. In opposition, Plaintiffs argue that Nationwide is not an indispensable party, but, moreover, that the issue raised in Defendant’s demurrer is moot because Nationwide is now a party to the action. On September 29, 2023, the Court consolidated this action with Defendant’s case against Nationwide regarding the same retirement account. Defendant did not file a reply.

The Court agrees that the issue raised on demurrer is moot as Nationwide is now a party to the action. As a result, Defendant’s demurrer is OVERRULED. The minute order is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.

NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure: To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below.

If no request for oral argument is made, the tentative ruling becomes the final order of the Court. 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 53/54 Zoom Link is https://saccourt-ca-

34-2023-00336808-CU-FR-GDS: Vincent Lara vs. Alexis Paige Lewis 10/24/2023 Hearing on Demurrer in Department 54

gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. 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 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 be forward the form to the Court Reporter’s Office and an official reporter will be provided.