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Trusts

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 9:45 a.m. on the day of the hearing.  

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

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Tentative Rulings

Honorable Jeanine B. Nadel on behalf of Jennifer V. Dollard
April 3, 2026, at 9:30 a.m.  

  1. Matter of The Garry Kathy Witty Revocable Trust
    25PR00840
    Petition for Instructions and Other Relief

Tentative Ruling: A Notice of Settlement was filed on April 1, 2026. This matter is SET for July 9, 2026 at 3:00 p.m. in Dept. 12 (Case Management Conference Calendar) to confirm that a dismissal has been filed.

If the dismissal has been filed this matter will be dropped from calendar.

 

  1. Matter of The Robert & Carole Bender Family Trust
    25PR00977
    Petition for Instructions

Tentative Ruling: The petition is GRANTED as to all proposed orders contained in the proposed order lodged March 4, 2026 except proposed order number 9(d). Patrick Payton’s interest in the remainder of the Survivor’s Trust (“Trust”) shall be reallocated among the remaining individual beneficiaries named in Trust Article Seven section 1, in accordance with each such remaining individual beneficiary’s respective percentage of the total interest of all such remaining individual beneficiaries. This order conforms to the plain language of Trust Article Seven section 1, which states, in pertinent part, “In the event a named individual beneficiary predeceases and the terms of his or her share lapses without further direction, then such lapsed share shall be reallocated among the remaining individual beneficiaries named in this Section [. . . .]” Trust Article Seven section (d)(4) is inapposite because Patrick Payton predeceased the surviving settlor so his separate share trust was not created.

Counsel for the petitioner is directed to lodge an updated proposed order that conforms to this ruling. The Court will file a written order after hearing.

 

  1. Matter of Naomi Weinstein Trust
    25PR01006
    Petition Concerning Internal Affairs of Trust, etc.

Tentative Ruling: This matter was dismissed with prejudice as to all parties by order of this court entered March 26, 2026. This hearing is dropped from calendar.

 

  1. Matter of The Delia Ybarra Living Trust
    25PR01385
    Petition  to Remove Trustee Daniel Ybarra; Appoint Successor Trustee Without Bond; and Compel Accounting

Tentative Ruling: The petition for removal of Daniel Ybarra as trustee is DENIED without prejudice to this issue being reasserted at a later stage of the proceeding. It is true that a violation by the trustee of any duty that the trustee owes the beneficiary is a breach of trust. California Probate Code (“Prob C”) §16400. If a trustee commits a breach of trust, a beneficiary may commence a proceeding to remove the trustee. Prob C §16420(a)(5). Breach of trust and failure to act are grounds for removal of a trustee. Prob C §15642(b)(1)&(4). The Court accepts that, per the uncontested and verified allegations of the petition, the respondent has engaged in actions that can be considered breaches of trust, for failure to provide information, including a mandatory notification under California Probate Code §15800(b)(1). There are also allegations in the petition that the petitioner has failed to adequately preserve trust property.

However, the trial court's power to remove trustees is a power that the court should not lightly exercise, and whether or not such action should be taken rests largely in the discretion of the trial court. Trolan v. Trolan (2019) 31 Cal.App.5th 939, 957. The provision of remedies for breach of trust in subdivision (a) does not prevent resort to any other appropriate remedy provided by statute or the common law. Prob C §16420(b). Here, the problem with the respondent-trustee appears to be primarily a failure to provide information and proper notification. While the failure to provide information is technically a breach of trust and thus grounds for removal, it is not clear that the trustee has engaged in any malfeasance aside from the failure to provide information. At this stage, the Court will order the trustee to account, as discussed below, without removing the trustee. Again, this ruling is without prejudice to future requests to remove the trustee if he continues to fail to provide information in violation on this order, or for any other good reason, as allowed by law.

Regarding the accounting, the petition is GRANTED as set forth herein. A remainder beneficiary does not have a right to an accounting under Probate Code section 16062. Esslinger v. Cummins (2006) 144 Cal.App.4th 517, 526, as modified on denial of reh'g (Nov. 27, 2006). But, section 16061 gives the remainder beneficiary the right to request information from the trustee. Id. If the trustee denies the request, then the remainder beneficiary may petition the probate court under section 17200, subdivision (b)(7) to compel the trustee to provide the information or for a particular account the respondent is ordered to report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust relevant to the beneficiary’s interest pursuant to Prob C §16061. Id. Therefore, the trustee is ORDERED to provide an accounting to the petitioner on or before June 5, 2026, pursuant to Prob C §16061. The scope of the accounting and any supporting documentation to be provided is limited to the administration of the trust relevant to the beneficiary’s interest. Additionally, the trustee is specifically ordered to provide the 2025 statements for Chase Checking account x6276 and the statements for the mortgage(s) or other encumbrances on the trust real property. This order is not made pursuant to Prob C §16062, and the requirements of Prob C §16063 are not applicable. Prob C §16063(a).

This matter is CONTINUED to July 24, 2026 at 9:30 a.m. in Department 12 for status of the accounting and the case generally. The petitioner is directed to file a status update at least seven (7) court days in advance of the continued hearing.

Regarding the request for costs of suit associated with the petition and any prove-up hearing, they may be claimed pursuant to a memorandum of costs filed with the court and subject to a motion to tax at the conclusion of the matter.  Any request for attorney’s fees must be by noticed motion and include the authority for an award, as well as support for the amount requested.

Counsel for the petitioner is directed to lodge an updated proposed order that conforms to this ruling.

 

  1. Matter of Steven O Teal and Suzanne Teal 2011 Revocable Family Trust dated January 18, 2011
    25PR01389
    Petition for Order Confirming Title to Trust Asset

Tentative Ruling: NO APPEARANCES REQUIRED. The Petition is APPROVED. The Court will sign the proposed order submitted on 11/26/25.

 

  1. Matter of Susan M Bettega Trust
    25PR01395
    Petition for Appointment of Successor Trustee; to Accept Acting Trustee's Resignation as Trustee; to Accept Named Successor Trustee's Declination to Serve as Trustee; to Waive Bond of Appointed Successor Trustee; and to Grant the Power to Appoint Future Successor Trustees

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged December 1, 2025.

 

  1. Matter of Matthew F. Hunziker and Leslie M. Hunziker Revocable Trust
    25PR01414
    Petition for Order Determining Co-Trustees’ Title to Real Property

Tentative Ruling: The petition is DENIED. A trust in relation to real property is not valid unless evidenced by a signed writing. California Probate Code §15206. The petitioner does not present a signed writing evidencing that the subject real property is held in trust. The pour-over will alone is not sufficient to support the petition. Where a pour-over will gives property to a trust, and the property is not otherwise made part of the trust res, the property cannot be simply transferred to the trust without probate administration. Placencia v. Strazicich (2019) 42 Cal.App.5th 730, 743, as modified on denial of reh'g (Dec. 23, 2019).

 

  1. Matter of Danny Rivera Trust
    SPR097886
    Petition of Monica Rivera for Orders to: (1) Remove Trustee Gloria Kosbie; (2) Suspend Trustee’s Powers Pending Appointment; (3) Appoint a Third-Party Trustee Pending Removal

Tentative Ruling: This matter is CONTINUED to July 24, 2026 at 9:30 a.m. in Department 12.  On December 1, 2025, Monica Rivera filed the instant petition. On March 17, 2026 Gloria Kosbie, the trustee, filed her objections to said petition. As this is now a contested matter, the parties are ordered to meet and confer in compliance with local rule 6.2.F.2 and file statements of issues at least seven (7) days before the continued hearing in compliance with local rule 6.2.F.3.

Considering the contested allegations of both the papers in support of the petition and the objections, the Court does not find a sufficient risk of loss or injury pending a decision on this petition to justify suspension. California Probate Code §15642(e).

 

***End of Tentative Rulings***

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