Tentative Ruling: Matter of Juan and Consuelo Nunez Family Trust

Case Number

24PR00300

Case Type

Hearing Date / Time

Thu, 04/23/2026 - 09:00

Nature of Proceedings

Petition: Determine Claim to Property for Order Compelling Return of Trust Assets

Tentative Ruling

Appearances are required.

The following must be submitted:

Proof of Service. For petitions brought under Probate Code section 850 notices of hearing must conform to the following:

A notice of hearing shall contain all of the following:

(1) A description of the subject property sufficient to provide adequate notice to any party who may have an interest in the property. For real property, the notice shall state the street address or, if none, a description of the property’s location and assessor’s parcel number.

(2) If the petition seeks relief pursuant to Section 859, a description of the relief sought sufficient to provide adequate notice to the party against whom that relief is requested.

(3) A statement advising any person interested in the property that he or she may file a response to the petition.

(Prob. Code, § 851(c).)

The proof of service filed does not conform to the above requirements, thus has not satisfied due process. The proof of service must be submitted using Form DE-115, which is a mandatory Judicial Council form.