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Matter of Henry and Venice Dettamanti Family Trust

Case Number

23PR00280

Case Type

Trust

Hearing Date / Time

Wed, 11/20/2024 - 09:30

Nature of Proceedings

Status Report

Tentative Ruling

Aaron Feldman Attorney for Trustee

Tiffany M. Carrari, attorney for Linda Kopcrak and Christina Carrari

Mario Dettamanti c/o Katherine Dettamanti, Esq.

Angelina Dettamanti

Issue

Status Report

RULING

The matter is continued to March 19, 2025 [120 days]. The 2 Petitions pending are also continued to 3/19/25. The Final Status Report wrapping up this litigation is due March 3, 2025; any objections due March 12, 2024.

Background

On November 8, Trustee Elizabeth Watkins (by Attorney Aaron Feldman) filed a Status Report in which she requests a 90 day continuance. She reported that on May 22, 2024, the Court issued an Order that authorized various preliminary distributions, but which also set a further hearing for November 20, 2024. The distribution portion of the Court's Order was modified on June 3, 2024, but the other aspects of the Court's May 22nd Order remained in place. Petitioner was supposed to submit additional documentation for Final Account and Distribution on November 1, 2024. Petitioner was unable to meet that deadline, and on that basis requests that the Court continue this matter for 90 days.

As the Court is aware, Final Distribution is linked to the sale of the Lompoc property. This Court conducted an Unlawful Detainer Trial in late September that resulted in a Judgment of Eviction. Following the Trial, Petitioner engaged the services of a real estate broker and there is a signed listing agreement for the sale of the property.

In addition, there have been on-going discussions with counsel for Mario Dettamanti and counsel for the Carrari Trust looking to come to some agreement regarding final distribution and that would avoid potential sale of the Lompoc property.

Those discussions have been on hold while Petitioner is still working with her CPA (Ron Levy) on the final tax liability for the sale of the shopping center. Mr. Levy recently returned from a lengthy vacation and is doing the final calculations. It is impossible currently to form a plan of distribution without knowing how much cash is on hand to distribute. It is also impossible to create a realistic plan for Final Distribution without knowing what will happen with the Lompoc property, either in terms of an agreed price for an in-kind distribution or the net sale proceeds if the property is sold.

Trustee apologizes to the Court for not filing this Status Report on or before November 1st. Continuing this matter 90 days will benefit all parties in that it will allow time for completion of the tax calculation and allow parties to have further and more meaningful discussions about the possibility of an in-kind distribution for the Lompoc property and a broader final distribution agreement.

The Court’s Conclusions

The 2 Petitions pending were examined by this court in detail in the 7/31/24 Minute Order. The court continued the Petitions to 11/20/24 to coincide with the Final Accounting ordered by this court on 7/31/24. No such accounting has been filed. Another continuance was not expected, and the Court is disappointed. But, the request is reasonable.

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