Matter of Gilbert D Ventura Living Trust
Matter of Gilbert D Ventura Living Trust
Case Number
24PR00237
Case Type
Hearing Date / Time
Tue, 06/11/2024 - 09:00
Nature of Proceedings
Petition for Invalidation of Trust
Tentative Ruling
Probate Notes:
Appearances required.
The Petition filed by Marjorie Arbuckle, et al. was filed on April 19, 2024. The petition makes citation to two authorities that authorize this Court to grant two requests for relief (out of the 13 requests in the prayer), but generally fails to cite to the proper procedural vehicles for bringing a petition in Probate Court under the Trust Law provisions located at Division 9 of the Probate Code. On the face of the pleading, it appears Petitioners seek relief under the provisions of Probate Code sections 16420, and 17200. The Court could interpret the pleading as is, but it is recommended the Court order petitioner to either amend the petition to include clear citation to authority, or file a memorandum of points and authorities explaining what authority is being relied upon for each relief requested in the prayer.
Objection to the petition above was filed by Julie Martinez on May 2, 2024, placing this matter at issue, and requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)
Further, Julie Martinez also filed a petition on May 8, 2024, that is titled “Petition to Appoint Julie Martinez Successor Trustee,” but, in fact, cites to and operates as a petition for removal of Arbuckle as successor trustee. THIS PETITION IS SET FOR HEARING ON June 25, 2024, and received objection on June 5, 2024, requiring evidentiary hearing to resolve.
Any further Respondents desirous to object to a Petition, must file a written objection before the hearing. The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.
The following is noted for the Court at the hearing:
It is recommended that the matter be continued to June 25, 2024, to be heard simultaneously with the Martinez Petition, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1701(b).)
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 160 543 3416
Passcode: 5053334