Matter of The James A Jeffers Living Trust

Case Number

25PR00508

Case Type

Hearing Date / Time

Mon, 03/02/2026 - 08:30

Nature of Proceedings

CMC re: Petition for Internal Affairs

Tentative Ruling

Probate Notes:

Personal Appearances are required.

The initial pleading in this case was filed on September 25, 2025.  A pleading responding to the September 25^th petition titled “Answer” was filed by Jay Jeffers on November 14, 2025.  It appears from the allegations in that response that Mr. Jeffers objects to the relief requested in the September 25^th 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.)

Any Respondents desirous to object to the 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:

Notice per Probate Code section 851 is defective.  The supplement filed on December 15, 2025, clarifies that sections 850 and 859 are being pursued.  Those sections have different notice requirements than the other sections cited in the caption.  That notice procedure was not followed in this case. (See Prob. Code, §851.)  Notice on Judicial Council form DE-115 is required to be served 30 days before the hearing.

Allegations on the face of the pleading and supplement reveal that an accounting was never requested.  The supplement filed on December 15, 2025, clarifies that Petitioners are relying upon Probate Code section 16061 to require an accounting from the Respondent.  However, the only evidence given in support of these allegations does not contain any language that could logically be construed to demand anything but copies of trust documents.  Thus, no accounting was formally requested from the trustee, meaning an accounting now be ordered by the court would be premature.

Elder Abuse and Undue Influence not properly pleaded.  The supplement filed on December 15, 2025, clarifies that Section 21380 was cited in the caption for the proposition that the trust at issue was obtained using undue influence.  From other allegations in the Petition and Supplement, it seems Petitioner seeks to void the trust under the doctrine of undue influence, purportedly via the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA).  However, the Petition does not plainly state such, creating confusion, and does not contain a single labeled cause of action in conformance to Pleading format requirements in CRC, Rule 3 or 7.  The court should order the Petition amended to conform to those pleading requirements so that causes of action are plainly outlined, and the rules and elements of each rule are plainly pleaded.

Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).

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