United States District Court, S.D. California
ORDER
WILLIAM Q. HAYES United States District Judge.
The
matters before the Court are: (1) the Motion for Sanctions
and Costs (ECF No. 38) filed by Plaintiff Jennifer Grant, (2)
the Motion to Dismiss First Amended Complaint (ECF No. 40)
filed by Defendant Honorable Jeffrey Bostwick, and (3) the Ex
Parte Application to Shorten Time (ECF No. 48) filed by
Plaintiff.
I.
Background
On
April 21, 2015, Plaintiff initiated this action by filing the
Complaint pursuant to 42 U.S.C. § 1983 alleging
violations of her Fourteenth Amendment rights. (ECF No. 1).
On July
15, 2015, Defendant filed a motion to dismiss. (ECF No. 9).
On September 15, 2015, Plaintiff filed a motion for a
preliminary injunction to stay state probate proceedings
pending the resolution of this case. (ECF No. 15). On October
22, 2015, the Court granted the motion to dismiss and denied
the motion for a preliminary injunction to stay probate
proceedings. (ECF No. 23).
On
November 3, 2015, Plaintiff filed a "Motion for Altering
the Judgment of Docket #23." (ECF No. 25). On January
13, 2016, the Court denied Plaintiff s motion. (ECF No. 32).
On
February 9, 2016, Plaintiff filed a motion for leave to file
a First Amended Complaint. (ECF No. 33). On February 23,
2016, Defendant filed an opposition. (ECF No. 34). On March
18, 2016, the Court issued an Order granting the motion for
leave to file a First Amended Complaint. (ECF No. 36). On
March 23, 2016, Plaintiff filed a First Amended Complaint,
which became the operative pleading in this case. (ECF No.
37).
On
April 5, 2016, Plaintiff filed the motion for sanctions and
costs based on Defendant's opposition to the motion for
leave to file an amended complaint. (ECF No. 38). On April 7,
2016, Defendant filed the motion to dismiss. (ECF No. 40). On
April 22, 2016, Defendant filed an opposition to the motion
for sanctions. (ECF No. 42). On the same day, Plaintiff filed
an opposition to the motion to dismiss. (ECF No. 41). On
April 29, 2016, Plaintiff filed a reply to the opposition to
the motion for sanctions and costs. (ECF No. 43). On the same
day, Defendant filed a reply to the opposition to the motion
to dismiss. (ECF No. 44). On May 27, 2016, with the
Court's permission, Plaintiff filed a sur-reply to the
motion to dismiss, (ECF No. 47).
Oh June
17, 2016, Plaintiff filed an ex parte application to shorten
time for decision on the motion for sanctions and costs and
the motion to dismiss. (ECF No. 48).
II.
Motion to Dismiss First Amended Complaint
A.
Allegations of the First Amended Complaint
Plaintiff
Jennifer Grant is a beneficiary of the Schwichtenberg
Revocable Family Trust ("trust"), dated July 28,
1982, *and is the trustee of the B subsection of the trust.
(ECF No. 23 at ¶ 2). Defendant Jeffrey Bostwick is the
judge presiding over the administration of the trust in San
Diego Superior Court's Central Probate Provision.
Id. ¶ 7.
"Defendant
inherited Pro-Per Plaintiffs case ... in September 2012 ...
." Id. ¶ 13. Upon the death of Plaintiff s
mother, "Rusty [Grant], no relation to Plaintiff, was to
become the trustee of section A of Plaintiff s parents'
ABC inter-vivos trust. ..." Id. ¶14.
"With no legal authority, Rusty took over all three
sections of the trust the day Plaintiffs mother died."
Id. ¶15.
"Defendant
lacked subject matter jurisdiction. Both Plaintiffs
parent's wills specifically state that their intention in
creating the trust was NOT to subject their assets to probate
court." Id. ¶ 16.
Rusty/Larsen's petition opened the case purporting to be
an internal affairs petition .... It was illegally plead due
to: 1) Tack of capacity ... as Rusty claimed capacity as
trustee of the whole trust 2) limitations of the trust terms
regarding the duties accorded the trustee of section A post
the last settlor's death, ... 3) failure to ...