Tentative Ruling: Matter of Saulsbury-Gates Trust

Case Number

26PR00054

Case Type

Hearing Date / Time

Mon, 05/18/2026 - 08:30

Nature of Proceedings

Petition to Compel Accounting

Tentative Ruling

Probate Notes:

Appearances required. 

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:

Defective Proof of Service of Petition (Form DE-120). On March 30, 2026, Petitioner Casey Gates filed a Proof of Service of the Notice of Hearing (form DE-120) showing service on three persons occurred on March 27, 2026.  The hearing date listed on the Proof of Service is March 30, 2026, making that Proof of Service ineffective. 

Notice of the hearing on trust matters must be given as follows:

At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons: (1) All trustees. (2) All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3. (3) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.

(Prob. Code, § 17203.)

Therefore, there has been no due process in this case, and the matter should be continued unless petitioner files a proper Proof of Service of the Notice of Hearing, showing 30 days notice was given.