Matter of the Julie Ann Davies Trust

Case Number

25PR00522

Case Type

Hearing Date / Time

Wed, 11/19/2025 - 08:30

Nature of Proceedings

Petition to Determine Claim to Property

Tentative Ruling

Probate Notes:

Appearances required.  The following must be submitted:

Record Title.  Petitioner alleges title to a financial account is held in the name of the settlor of the trust, but submitted no evidence of how title is held.  The Court cannot hold the settlor transferred title to the trust if the settlor did not hold tile in the subject financial account: “a person may not transfer an estate or interest in property unless that person is the owner of the estate or interest in question or has the legal authority to act on that owner's behalf” (Restatement (Fourth) of Property § 1.1 (2024). Therefore, the Court must have evidence of how title is held:

The nemo dat principle is typically expressed in the full Latin phrase “nemo dat quod non habet,” which roughly translates to “one can only transfer what one owns” or, in the negative, “one cannot transfer property that one does not own.” It is sometimes called the “derivation principle” because the transferee's interest derives from the transferor's.

(Id., at cmnt. a. See also (Miller & Starr (2024) 3 Cal. Real Est. § 8:58 (4th ed.) § 8:58; and Romero v. Shih (2024) 15 Cal.5th 680, 689 [citing Miller & Starr].)

This is usually accomplished by submission of an account statement.

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).