PABLO ORTIZ AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PAUL ORTIZ AKA PAUL JOHN ORTIZ vs THERESA SILVERIA AS ADMINISTRATOR OF THE ESTATE OF ANTONY SILVERIA AKA TONY SILVERIA

24CV004764: PABLO ORTIZ AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PAUL ORTIZ AKA PAUL JOHN ORTIZ vs THERESA SILVERIA AS ADMINISTRATOR OF THE ESTATE OF ANTONY SILVERIA AKA TONY SILVERIA 10/31/2025 Hearing on Motion to Consolidate in Department 47

Tentative Ruling

NOTICE: If oral arguments are requested or appearances are required, the hearing may be conducted in person or remotely via ZoomGov [which includes telephonic and teleconferencing options]. No Court Call appearances will be permitted. If you choose to use Zoom you must use your first and last name on your ZoomGov account so the court can positively identify you. The Department 47 ZoomLink is https://saccourt-ca-gov.zoomgov.com/my/sscdept47 and the ZoomGov ID is: 16173813009. Appearances via videoconference using the above link are preferred. To appear on ZoomGov by phone, call (833) 568-8864 and enter the ZoomGov ID referenced above, available phone commands include *6 to mute/unmute or *9 to raise your hand. If you experience issues joining your hearing, please contact the clerk in Department 47 at (916) 874-5487 for assistance.

The hearing on this motion is CONTINUED to November 21, 2025 at 9:30 a.m. in Department 47.

Requirements for a motion to consolidate are set forth in Cal. Rules of Court, rule 3.350. The motion must be filed in the lowest numbered case along with a proof of service demonstrating the motion was served on all attorneys of record and all non-represented parties in all cases sought to be consolidated. (Cal. Rules of Court, rule 3.350(a)(2).) The notice of motion must be filed in all cases to be consolidated, must contain the caption of those cases, and must identify the parties in each case, those who have appeared, and their respective attorneys of record. (Cal. Rules of Court, rule 3.350(a).) The use of the word “must” in this rule indicates these requirements are mandatory. (Cal. Rules of Court, rule 1.5(a)(1).) Defective notice deprives the Court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)

Moving Party failed to include the caption of all cases to be consolidated, failed to identify all parties in all actions and their attorneys of record, and failed to file the notice in all actions to be consolidated. As the papers represent all parties have stipulated to consolidation, the Court will continue the hearing so that the defects may be cured.

On or before November 5, 2025, Moving Party shall file and serve an amended notice of motion that complies with the requirements of California Rules of Court, rule 3.350. Failure to comply with the mandatory requirements will result in the motion being dropped from calendar. Opposition and reply papers are due in accordance with the timelines set forth in Code of Civil

24CV004764: PABLO ORTIZ AS PERSONAL REPRESENTATIVE OF THE ESTATE OF PAUL ORTIZ AKA PAUL JOHN ORTIZ vs THERESA SILVERIA AS ADMINISTRATOR OF THE ESTATE OF ANTONY SILVERIA AKA TONY SILVERIA 10/31/2025 Hearing on Motion to Consolidate in Department 47

Procedure § 1005(b) based on the new hearing date.

This case has been assigned to Department 47 for hearing. In the event that either party requests a hearing the matter will be heard at 9:30 a.m. in Department 47. Any party requesting an oral argument must contact the clerk at (916) 874-5487 and opposing counsel or parties in pro per by 12:00 p.m. on the court day before the hearing. If a proper request for hearing is not made, this shall become the order of the Court.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code section 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 forward the form to the Court Reporter’s Office and an official reporter will be provided.