Matter of Gilbert D Ventura Living Trust

Case Number

24PR00237

Case Type

Hearing Date / Time

Wed, 11/13/2024 - 08:30

Nature of Proceedings

Competing Petitions for Internal Affairs

Tentative Ruling

Probate Notes:

Appearances required. 

The Petition for Internal Affairs (Prob. Code, §17200) was filed by Marjorie Arbuckle, et al. on April 19, 2024.  Written objection to that petition 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.)

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 received objection by Marjorie Arbuckle, et al. on June 5, 2024, and again on June 12, 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.

Parties must come prepared to show cause why the Court should not order this case to mediation under Breslin v Breslin (2020) 62 Cal.App.5th 801.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 956 1423

Passcode: 137305