Matter of The James Bean Trust
Matter of The James Bean Trust
Case Number
24PR00439
Case Type
Hearing Date / Time
Mon, 04/14/2025 - 08:30
Nature of Proceedings
Internal Affairs of Trust
Tentative Ruling
Probate Notes:
Appearances required.
The following is the current procedural posture of every pleading and “motion” filed to date:
Petition to Appoint a Successor Trustee
Filed July 23, 2024, by Victoria Jeffries.
Service: Proper and complete.
Status: At issue. On August 21, 2024, Portia Jeffries filed a written objection to the petition, 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.)
“Petition” for Joinder
Filed August 29, 2024, by Tiffany Williams.
Service: Proper and complete.
Although initially served on an improper civil form, Proof of Service on proper Judicial Council form was filed on September 10, 2024.
Status: Unresolved. This “petition” is an improperly pleaded, and procedurally inappropriate attempt by Tiffany Williams to sign on to the Aust 21st objection of Portia Jeffries to the July 23rd Petition of Victoria Jeffries. It is recommended the Court resolve this matter at this hearing by striking this “Petition” pursuant to CCP section 436(b), because it was not filed in conformity with the laws of this State.
Petition to Appoint a Successor Trustee
Filed September 30, 2024, by Tiffany Williams.
Service: Incomplete. Although the proper Judicial Council form was used, the notice was served on October 10, 2024, for the October 28, 2024, hearing, which is 12 days short of the 30 day notice requirement outlined in Probate Code section 17203. This defect has not been resolved by reservice of at least 30 days to the interested parties.
Status: At issue. On November 15, 2024, Victoria Jeffries filed a written objection to the petition, 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.)
Petition to Appoint a Successor Trustee
Filed November 7, 2024, by Portia Jeffries.
Amended January 7, 2025
Service: Incomplete. After several failed attempts to file a proper Proof of Service, the proper Judicial Council form was filed on December 2, 2024. However, the notice was served on November 16, 2024, for the December 9th hearing, which is 14 days short of the 30-day notice requirement outlined in Probate Code section 17203. This defect was not resolved before the amendment was filed, and there is no proof of service of the amendment on file in accordance with CRC, Rule 7.801.
Status: At issue. On November 15, 2024, Victoria Jeffries filed a written objection to the petition, placing this matter at issue, 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.)
Three November 2024 Motions of Portia Jeffries
Filed November 7, 2024, by Portia Jeffries.
Service: Incomplete. After several failed attempts to file a proper Proof of Service, the proper Judicial Council form was filed on December 2, 2024. However, the notice was served on November 16, 2024, for the December 9th hearing, which is 14 days short of the 30-day notice requirement outlined in Probate Code section 17203. This defect has not been resolved, and cannot be resolved by reservice of at least 30 days to the interested parties before the hearing.
Status: At issue. On November 17, 2024, Victoria Jeffries filed a written objection to the petition, placing this matter at issue, 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.)
It is recommended the Court resolve these three “motion” matters at this hearing by striking all three filings pursuant to CCP section 436(b), because they were not filed in conformity with the laws of this State.
Two December 2024 Motions of Portia Jeffries
Filed December 10 and 20, 2024, by Portia Jeffries.
Service: Incomplete. There is no proof of service on file.
Status: Unserved, thus not at issue.
It is recommended the Court resolve these two “motion” matters at this hearing by striking all three filings pursuant to CCP section 436(b), because they were not filed in conformity with the laws of this State.
Petition to be Appointed Temporary Trustee
Filed March 28, 2025, by Portia Jeffries.
Service: Incomplete. Proof of Service was not on the proper Judicial Council form (DE-120) and shows service on April 9, 2025, which is 25 days short of the 30-day notice requirement outlined in Probate Code section 17203. This defect cannot be remedied before the hearing.
Status: Unserved, thus not at issue.
It is recommended the Court strike this pleading pursuant to CCP section 436(b), because it was not filed in conformity with the laws of this State.
It is recommended the Court admonish all parties to this proceeding to review all of Rule 7 of the California Rules of Court, and Probate Code sections 17203, and 1215. It is recommended the Court sanction Portia Jeffries for the multiple filings that do not conform to the laws of this state.
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 161 797 5412
Passcode: 8749009