Conservatorship of Gabriel Zambrano

demonstrate the intent that a probate action is required to pursue the probate claims. The probate action can be subsequently related to the instant civil proceeding. Genis does not need permission to file that probate action.

As noted above, the court may order arbitration among the parties who have agreed to arbitration and stay the pending court action or special proceeding pending the outcome of the arbitration proceeding. (Code Civ. Proc., Sec. 1281.2.) That is precisely what the court intends to do here.

Summary of Rulings

The Motion to Set Aside and/or Vacate and/or Correct Erroneous Entry of Order Granting Stupin's 170.6 against Anderle is denied. The Motion to Set Aside "Void" Order of May 2, 2023 Purporting to Disqualify Anderle is denied. The Motion to Amend the Second Amended Complaint is denied. The Motion to Compel Arbitration is granted. Darryl Genis is ordered to arbitrate the causes of action in his Second Amended Complaint against Daniel Genis in accordance with the terms of the Confidential Settlement and Release.

Those causes of action are hereby stayed as against Daniel Genis pending further order of the court. The causes of action against the Stupin defendants are also stayed pursuant to Code of Civil Procedure section 1281.2 pending further order of the court. The remaining motions are to be decided by the arbitrator. Defendants are directed to provide the court with a proposed order reflecting these rulings.

[1] Darryl Genis's argument that the Stupins have been dismissed out of this case as defendants is thus unsupported by the record. (See Stipulation and Order for Interlocutory Order of Discharge for Interpleader signed May 3, 2023 by Judge Colleen Sterne.)

The Stupins arguably remain as named defendants in the first cause of action (Declaratory and Injunctive Relief), the third cause of action (recission of Second Contract Within CSAR To Waive Petition to Probate of Estate of Arline Genis) and the ninth cause of action (Civil Conspiracy). The Order did not dismiss them from the first cause of action and they are named as defendants in the prayer of the third and ninth causes of action. Thus, the record is not clear that the Stupins have been dismissed from this action entirely.

Tentative Ruling: Conservatorship of Gabriel Zambrano

Tentative Ruling: Conservatorship of Gabriel Zambrano

Case Number

Case Type Conservatorship

Hearing Date / Time Wed, 09/20/2023 - 08:30

Nature of Proceedings Review: Investigator's Report

Tentative Ruling

Probate Notes: The court investigator's report has been received and recommends that the conservatorship continue. No appearance is required. The next review hearing will be held on September 18, 2024 at 8:30 a.m. in the court identified above.

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 160 047 8568 Passcode: 9258167