Skip to main content.

Probate Law & Motion

Advisements

If the tentative ruling is accepted, no appearance by Zoom is necessary unless otherwise indicated. You must notify the probate clerk at (707) 521-6893 if you wish to be heard in response to the tentative ruling. You must inform the clerk concerning your appearance choice: Zoom or in person. Any interested party who wishes to be heard in opposition to a petition must notify all other parties of the intent to appear. Both notifications must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing.

Unless notification to the probate clerk has been given as provided above, the tentative rulings shall become the rulings of the court at 3:15 p.m. on the day of the hearing. 

To Join Department 12 “Zoom” Online

To Join Department 12 “Zoom” By Phone:

  • Call: +1 669 254 5252 US (San Jose) and enter same meeting ID and password as listed above. 

Guide for Participating in Court Proceedings via Zoom for Dept 12:

  • After joining the meeting and checking in with the clerk, please mute your audio when not speaking. This helps keep background noise to a minimum.
  • Be mindful of background noise when your microphone is not muted. Avoid activities that could create additional noise, such as shuffling papers.
  • Position your camera properly if you choose to use a web camera. Be sure it is in a stable position and focused at eye level, if possible. Make sure everything visible in the frame is appropriate for an appearance in court.
  • If a confidential session becomes necessary it is incumbent on you to ensure you are able to participate from a private location so that unauthorized people cannot overhear or see the proceedings.
  • Chat is enabled for the sharing of documents among participants and the court and to allow attorneys to communicate individually with each other or their clients only. No chat messages should be sent privately to the court as it would amount to an unauthorized ex parte communication. Neither should chat messages be sent to all participants unless directed by the court.
  • The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
  • Be patient. Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally.

Tentative Rulings

March 12, 2026, at 3:00 p.m.  

  1. Matter of Salada Living Trust
    24PR00973
    Motion for Leave to File Second Amended Petition

Tentative Ruling: By this motion the petitioner seeks leave to file a first amended petition. (The Court notes an amendment to the original petition was filed ex parte pursuant to Code of Civil Procedure (CCP) section 474 to identify a DOE respondent.  This however does not result in the present application under CCP section 473 amounting to a request to file a second amended petition. The proposed pleading should therefore be designated in the caption as a First Amended Petition.  See also The Rutter Group, Cal. Prac. Guide Civ. Pro. Before Trial Ch. 6-E, 6:621 et seq., Amended and Supplemental Pleadings.)  The first amended petition would clarify factual allegations regarding the trustee’s breach of fiduciary duties, update the prayer for relief, incorporate new information discovered since the filing of the previous petition and add allegations against the new respondent added by the amendment to the original petition. The original respondent does not oppose the motion.  The newly added respondent has not been served or appeared.  Accordingly, based on the policy of liberally allowing amendments at any stage of the proceeding, the petitioner’s unopposed motion is GRANTED.  Berman v. Bromberg (1997) 56 Cal.App.4th 936, 945 [“There is a policy of great liberality in permitting amendments to the pleadings at any stage of the proceeding.”] The Court will sign the proposed order lodged December 15, 2025, and will indicate therein that the petitioner shall file and serve the first amended petition within ten (10) days of the date of filing.  The Court makes no finding with regard to the nature of service required on the newly added respondent, and whether summons is required.  The Court anticipates that may be the subject of future litigation. The Court will not “deem” an exhibit attached to a declaration filed, as that creates an incomplete record for review in the future and can complicate notice and service issues.  The clerk may not detach an exhibit from a filed document for the purposes of filing as to do so would alter a filed document in violation of Government Code section 6200.  Petitioner shall therefore submit to the clerk forthwith a proposed first amended petition for filing. 

 

  1. Matter of Salada Living Trust
    24PR00973
    Motion to Compel Further Responses to Requests for Admission, Form Interrogatories, and Requests for Production of Documents

Tentative Ruling: The Court is in receipt of a notice of withdrawal of motions. These matters are DROPPED from calendar.  However, should either party wish to be heard in connection with their respective requests for sanctions they must request to appear, following the procedure for doing so on the court’s website.  Absent a request to appear, the issue of imposition of sanctions will not be entertained by the Court at a future date.

 

  1. Matter of Salada Living Trust
    24PR00973
    Petition for Removal of Trustee, Compelling Accounting, and Other Relief

Tentative Ruling: The Court has granted the petitioner leave to file a first amended petition, which would supersede the petition in its present form. The first amended petition will be filed, served, and set for hearing in due course. As such, this hearing is DROPPED from calendar.

The “Hearing Brief” filed by the petitioner on March 3, 2026 is not a recognized pleading or other document.  The court STRIKES said “Hearing Brief” and the two declarations associated therewith pursuant to California Code of Civil Procedure §436(b).

 

Tentative Rulings for Special Set Hearing
Honorable Lawrence Ornell
March 12, 2026

 

  1. Matter of the Mitchell Family Trust
    25PR00766
    Motion to Compel Responses to Requests for Production of Documents, and Special Interrogatories; Request for Monetary Sanctions and Request for Order Deeming Matters Admitted

Tentative Ruling: The motion to compel is GRANTED as to all of the subject discovery requests. Glynis Joy Alaniz’s right to assert objections to the requests for production of documents is deemed waived pursuant to California Code of Civil Procedure (“CCP”) §2031.300(a). The petitioner’s right to object to the interrogatories and any right to exercise the option to produce writings under CCP §2030.230 is waived pursuant to CCP §2030.290(a). The petitioner’s right to object to the requests for admissions is waived, and the matters specified in the requests are deemed admitted. CCP §§2033.280(a)&(b). Glynis Joy Alaniz shall serve verified responses, without objections, to Petitioners' Requests for Production of Documents (Set One), and shall produce all responsive documents, within fifteen (15) days of the date of this order. Glynis Joy Alaniz shall serve verified responses, without objections, to Petitioners' Special Interrogatories (Set One) within fifteen (15) days of the date of this order. Monetary sanctions are granted as prayed pursuant to CCP §§2023.010(d) and 2023.030(a).

Counsel for the movant is directed to lodge a proposed order that conforms to this ruling.

 

  1. Matter of the Mitchell Family Trust
    25PR00766
    Petition for Order Determining Ownership of Real Property and Directing Conveyance; Petition to Confirm Successor Trustee, for Compulsory Accounting, Surcharge, and Related Relief

Tentative Ruling: The Court takes judicial notice of the Grant Deed attached to the request for judicial notice filed March 2, 2026, showing the survivor’s trust as the present title holder of the subject property.

This matter is CONTINUED to April 9, 2026, to allow the petitioner an opportunity to timely serve code complaint notice to Glynis Joy Alaniz, and to address the Court’s other concerns, as stated below.

The papers reveal that Glynis Joy Alaniz resides at 1124 Rachel Lane, Windsor, CA, the same property that is the subject of this petition. Also, Glynis Joy Alaniz is the trustee of The Brad Alan Mitchell Revocable Trust dated July 16, 2024, which trust lists the subject property in the schedule of trust assets. As such, Glynis Joy Alaniz is entitled to notice in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. California Probate Code §851(a)(2). The proofs of service filed January 20, 2026 and January 14, 2026 show service to Glynis Joy Alaniz by mail only, which is insufficient.

The Court notes that the outcome of this petition depends in part on the resolution of the issues addressed by this Court’s September 25, 2025 ruling. That ruling, as entered in the minutes, specifically directs counsel for the petitioner to lodge an updated proposed order that conforms to the ruling. No such order was ever lodged, so the order was never signed and filed by the Court. When the trial court's minute order expressly indicates that a written order will be filed, only the written order is the effective order. In re Marriage of Drake (1997) 53 Cal.App.4th 1139, 1170, as modified (Apr. 18, 1997); Also see California Rules of Court Rule 8.104(c)(2). Therefore, the September 25, 2025 ruling remains ineffective until a written order is signed and filed by the Court. The petitioner is again directed to lodge an updated proposed order that conforms to the September 25, 2025 ruling. With respect to the issues that were continued by that ruling, the Court expects the petitioner to comply with the procedures set forth therein.

The Court also notes that the settlor, after revoking the 2008 survivor’s trust, funded The Brad Alan Mitchell Revocable Trust dated July 16, 2024 with the subject property. The petitioner asks the Court to confirm the property as part of the settlor’s estate, but does not address the fact that the property was listed in the schedule of trust assets for a later created trust. The petitioner is directed to address this concern by verified supplement, served and filed no later than seven (7) court days in advance of the continued hearing, and to attach a copy of the 2024 trust, including the schedule of trust assets, to said supplement.

Finally, the “Pre-Hearing Brief” filed by the petitioner on March 3, 2026 is not a recognized pleading or other document.  The court STRIKES said “Pre-Hearing Brief,” and the declaration associated therewith, pursuant to California Code of Civil Procedure §436(b).

 

***End of Tentative Rulings***

Was this helpful?

Yes No
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
Was this helpful?