Thomas Moritz et al v Teresa Seiler

Case Number

23CV01791

Case Type

Hearing Date / Time

Wed, 02/14/2024 - 10:00

Nature of Proceedings

To Determine if All Dismissals Have Been Filed

Tentative Ruling

Plaintiff: Pro per

Defendant: Douglas Black

RULING

We must address these matters:

1. Attorney Doug Black sent an email on 2/9/24 and reported “In light of our next hearing on 2/14/23 to determine if all dismissals have been filed, I would like to bring to the Court’s attention a Notice of Pendency of Action (attached hereto) that has been filed with the Court and has also been filed with the Santa Barbara County Recorder. Therefore, before this matter is dismissed, I respectfully request Plaintiffs file a Release of Pendency with the Santa Barbara Recorder to clear title for the property in dispute. Failure to do so will result in Defendant filing a Motion to Expunge Pendency along with a request for reimbursement of attorney fees and costs. I am sending this notice to both you and Plaintiffs who are currently pro per in this matter so it can be discussed at our next hearing.” Discussion!

2. Should the Court Order sua sponte a Release of Pendency that can be filed with the County Recorder?

3. Has the promised dismissal been filed? If not, why not?

4. Should the Court continue this hearing re: to determine if all dismissals have been filed – one week to 2/21/24 to allow the County Recorder Order to clear and then if the promised dismissal by Mr. Moritz still not has not been filed to dismiss the case with prejudice?