Burciaga – Limited Conservatorship

Verdes Estates (2023) 88 Cal.App.5th 849, 861.) Accordingly, the “grounds for the motion must appear on the face of the [pleading], and in any matter subject to judicial notice.” (Id. at p. 862.) Because Bell did not ask the court to take judicial notice of anything, the only thing the court may consider in determining this motion are the allegations, denials, and assertions set forth in James’ opposition.

Bell argues the opposition was filed more than 120 days after James was timely served with statutory notice of the relevant trust amendment and, accordingly, is time-barred under Probate Code sections 16061.7 and 16061.8. This argument is outside the parameters of James’ opposition, which makes no reference to the alleged service of the notice. Because the motion is directed to assertions beyond outside of the opposition, it must be denied.

Further, even if the alleged notice were referenced in James’ opposition, the reference would have to unequivocably demonstrate the opposition is time-barred. “[J]udgment on the pleadings must be denied where there are material factual issues that require evidentiary resolution.” (Bezirdijian v. O’Reilly (2010) 183 Cal.App.4th 316, 322.) Accordingly, a motion for judgment on the pleadings based on a statute of limitations “‘will not lie where the action may be, but is not necessarily barred. [Citation.] In order for the bar of the statute of limitations to be raised . . . the defect must clearly and affirmatively appear on the face of the [pleading]; it is not enough that the [pleading] shows that the action may be barred.’” (Geneva Towers Ltd. Partnership v. City of San Francisco (2003) 29 Cal.4th 769, 781.)

The motion is DENIED.

The court will give notice.

6 Burciaga – Limited Conservatorship; Motion to Be Relieved

Law Office of Michael R. Weinstein’ s motion to be relieved as counsel for Maria Ramirez (ROA 136) is GRANTED.

The court will sign the Proposed Order. Moving counsel is ORDERED to give notice to all parties to this action and file proof of service of the court’s order as entered. Withdrawal will be effective upon filing of proof of service of the order.