Hoeppner-Cruz v. Robert W Brower

Background

Jo Ann Hoeppner-Cruz brought the case as trustee of The Anthony J. Freitas and Jacqueline Hoeppner-Freitas 1997 Revocable Trust. She sued Robert W Brower under California Probate Code section 17200 in connection with the sale of property under the Trust. The case was scheduled for a jury trial on January 20, 2026.

On November 12, 2025, the court ordered additional briefing on whether the probate exception applied to each claim. Brower filed his brief on November 14, 2025. Hoeppner-Cruz was required to respond by November 21, 2025, but did not file a response complying with the court’s order.

Order to Show Cause

The court explained that it has authority under Federal Rule of Civil Procedure 41(b) to dismiss a case when a plaintiff fails to follow court orders. Instead of dismissing the case at that point, the court ordered Hoeppner-Cruz to show cause—that is, explain why dismissal should not occur—for failing to meet the court’s deadline.

Hoeppner-Cruz was ordered to file a declaration by December 1, 2025, and at the same time file either an opposition to Brower’s brief or a statement that she did not oppose it. If she filed an opposition, Brower could file a reply by December 3, 2025. The court warned that failure to respond would likely be treated as an admission that she did not intend to continue prosecuting the case and that the case would likely be dismissed.

Counsel’s Duty and Disposition

The court also ordered Hoeppner-Cruz’s counsel of record, Thomas Dwayne Reid, to provide her with a copy of the order and file an attestation confirming that he had done so by December 1, 2025. Magistrate Judge Thomas S. Hixson issued an order to show cause; the opinion does not state that the case was dismissed or describe what happened after the response deadline.