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Tentative Ruling: Matter of Ronald A Knowles Declaration of Trust

Case Number

25PR00021

Case Type

Trust

Hearing Date / Time

Thu, 09/18/2025 - 09:00

Nature of Proceedings

Motion to Compel; Motion for Statutory Preference; Petition to Determine Validity of Trust; Motion to Compel

Tentative Ruling

This case involves Kathleen Tingle’s petition concerning respondent David Richard Olivera, alleging seven causes of action: (1) lack of testamentary capacity; (2) undue influence; (3) financial elder abuse; (4) interference with inheritance; (5) breach of trust/fiduciary duties; (6) constructive trust; and (7) declaratory relief. By way of the petition, petitioner seeks orders determining the validity of a trust amendment, directing a conveyance of property, and authorizing the recovery of enhanced remedies and relief for a breach of trust.

On September 4th, petitioner’s counsel filed a notice of death of petitioner. The notice states that petitioner’s surviving husband, William Tingle, will be filing a motion for order of substitution as the personal representative pursuant to Code of Civil Procedure section 377.31. To date, Mr. Tingle has not filed a motion.

As a result of the above there is currently no petitioner in this action. The motion for preference is taken off-calendar. Counsel are ordered to appear to discuss the timeframe for filing a CCP 377.31 motion and for rescheduling of the two discovery motions.

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