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Matter of The James A Jeffers Living Trust

Case Number

25PR00508

Case Type

Trust

Hearing Date / Time

Mon, 11/17/2025 - 08:30

Nature of Proceedings

Petition for Internal Affairs

Tentative Ruling

Probate Notes:

Personal Appearances are required.

The following must be submitted:

Supplement.  A supplement is required to clarify the Prayer for relief and requests implied by citation to authority in the caption of the petition. The Petition cites to the following Probate Code sections for authority:  850, 859, 15642, 16420(a)(1) - (a)(9), 16420(b), 17200 & 17206, 16061, 16061.7, 21380, and, inexplicably, Ca. Rule of Court 7.3(2).

Despite these citations in the caption of the pleading, sections 850 and 859 are never again mentioned, nor is any request to determine title to property made.  Those sections have different notice requirements than the other sections cited in the caption.  That notice procedure was not followed in this case, and would require continuance. (See Prob. Code, §851.)

Section 16061 is also never again mentioned in the pleading, nor are any allegations pleaded that show Petitioners requested an accounting from the trustee, warranting an accounting now be ordered by the court.

Section 21380 is also cited in the caption without any further citation in the pleading.  This is confusing, because that section provides no authority for a pleading, it merely codifies the presumption of undue influence that reasonably arises under the circumstances listed in that code’s subdivisions.

Finaly, and perhaps most inexplicably, Rule of Court, Rule 7.3(2) is cited in the caption without further citation in the pleading. The rule defining a “pleading” in probate court need not be cited to notify the court a document constitutes a pleading, and that rule creates no authority for relief under any circumstances. 

The supplement should clarify why these sections were cited and not addressed any further, clarify if any relief under those citations is actually being sought, and address whether the petition needs to be amended so as not to cause uncertainty.

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.

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

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