17-CIV-04855 SOLEDAD INIEGO vs. MARITES I. CADIZ, et al.

SOLEDAD INIEGO ERROL J. ZSHORNACK

MARITES I. CADIZ RODEL RODIS

DEFENDANT MARITES I. CADIZ’S DEMURRER TO COMPLAINT

TENTATIVE RULING:

Defendant Marites Cadiz’s Demurrer to Plaintiff Soledad Iniego’s Complaint is DENIED. The demurring party argues that a related Probate matter, filed 7-15-16, is currently pending in the San Francisco County Superior Court, captioned In re Estate of Victor C. Cadiz, Case No. PES-16-299995. That fact alone, however, does not mean this Court lacks jurisdiction over Plaintiff Soledad Iniego’s Complaint, which seeks specific performance of an agreement relating to the ownership of real property located in San Mateo County (San Bruno). The moving party has not shown that the Court lacks jurisdiction to resolve a dispute over ownership of the real property merely because the same property is alleged to be part of decedent Victor Cadiz’s estate.

Further, Marites Cadiz’s expressed concern about two separate courts potentially adjudicating the same issue appears remote, given Marites Cadiz’s 11-13-17 filing of a Status Report in the Probate case requesting a six-month continuance on grounds the San Mateo County Superior Court is currently adjudicating a dispute over ownership of the property.

The Court notes that although the Court has jurisdiction over Plaintiff’s Complaint, that does not necessarily mean it is in the parties’ interest (including Plaintiff Iniego’s interest) to have proceedings pending in two separate courts. Defendant argues the property is in danger of foreclosure, and that if this case is allowed to proceed in San Mateo County, it could result in delay and potentially a foreclosure, which would harm all parties. Because it may be mutually beneficial, the parties may want to consider an agreement to submit all issues for resolution in the San Francisco Probate proceeding.