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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.  

To Access the Probate Examiner Notes:

  • Access the Portal
  • Accept the Terms
  • Select Smart Search, enter your case number, and follow the instructions.

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 6, 2026, at 9:30 a.m.  

  1. Matter of Beardall Family Living Trust
    25PR00910
    Petition for Determination and Appointment of Trustee

Tentative Ruling: The Statement of Issues filed February 26, 2026 indicates that settlement is imminent, and the petition will be dismissed prior to the hearing. If the petition is dismissed prior to the hearing, this matter is DROPPED from calendar. If not, this matter is CONTINUED to June 12, 2026 at 9:30 a.m. in Department 12 for status of settlement. If the petition is not dismissed, the parties are ordered to comply with local rules 6.2.F.2 and 6.2.F.3 in advance of the continued hearing.

 

  1. Matter of The William D. Habel Trust
    25PR00914
    Petition for Instructions and for Order Confirming Trust Assets

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged August 14, 2025.

 

  1. Matter of The Juanita Marie Lottice Revocable Trust
    25PR01288
    Petition for Order of Court that Real Property in Decedent’s Name Constitutes a Trust Asset

Tentative Ruling: This matter is CONTINUED to June 5, 2026 at 9:30 a.m. in Department 12. Use of the DE-115 notice of hearing form is mandatory in the context of California Probate Code (“Prob C”) §850 petitions. The petitioner has used the incorrect notice of hearing form here, the DE-120 form. The notice of hearing does not include a description of the subject property, as required by Prob C §851(c)(1). These concerns were stated in the examiner notes posted January 21, 2026 but have not been addressed.

 

  1. Matter of Jonathan Stjern Special Needs Trust
    25PR01289
    Petition to Appoint Successor Trustee; and for Waiver of Bond

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged November 6, 2025 and will require bond in the amount of $50,000.00 pursuant to California Probate Code §15602(a)(3).

 

  1. Matter of the Virginia M. Klein Trust UA dated December 21, 2011, as Amended|
    SPR096824
    Petition for Relief from Breach of Trust

Tentative Ruling: Per the petitioner’s status report filed November 5, 2025, the petitioner was working with the present trustee to obtain supplemental information and accountings. However, the status report filed March 3, 2026 indicates no supplemental accounting has been provided and no distribution of trust assets has been made and that new litigation may ensue.  Petitioner requests a continuance to allow time for the filing of a new petition.  The Court’s view is that no new petition is required.  The Court granted the request in the original petition to require a supplemental accounting.  That apparently has not been provided and/or is insufficient.  The Court also ordered an immediate distribution of the remaining cash balance of the trust.  The Court reserved on the issue of removing the trustee, which now appears moot.  The Court also reserved on the issue of the imposition of damages against the trustee for breaches of fiduciary duty and denial of compensation as trustee.  The Court’s view is that petitioner is entitled to now submit a statement of damages with an offer of proof on the remaining issues to obtain an order awarding him the sums he believes are due.  If there is no contest, the Court will grant the requested relief.  If there is an objection, the Court will set an evidentiary hearing.  The Court’s previous order with regard to costs of suit and attorney fees related to the issues in the first amended petition remains.  Of course, if the petitioner desires relief other than that addressed above, then a new petition may be required. 

Therefore, this matter is CONTINUED to June 12, 2026 at 9:30 a.m. in Department 12 to allow petitioner time to file a statement of damages, along with supporting evidence for the amounts claimed and/or a new petition.  Any new filing shall be filed and served at least 30 days before the hearing.  Any objection shall be filed and served no later than 10 days prior to the hearing.

 

  1. The Douglas J. Groves and Susan M. Groves Living Trust dated August 26, 2010
    S    PR097754
    Petition to Modify Trust

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged November 12, 2025.

 

  1. Matter of the John Lockley and Martha Jane Lockley 2000 Revocable Living Trust u/d/d
    SPR097774
    First Account and Report of Successor Trustee and Petition for (1) Settlement of Account and (2) Ratification of Acts of Trustee

Tentative Ruling: The petition is APPROVED. The Court will sign the proposed order lodged November 6, 2025.

 

  1. Matter of Edgar A. Castellini and Mary M. Castellini Revocable Trust dated May 4, 1981
    SPR097863
    Petition for Accounting and Compelling Redress of Breach of Trust

Tentative Ruling: This matter is on calendar to determine the status of settlement. The petition has not been dismissed and the Court has received no update as to the status of settlement. As the settlement was reached relatively recently, in January of 2026, the matter is CONTINUED to May 21, 2026 at 3:00 p.m. in Department 12 to allow additional time for the settlement terms to be carried out and the petition to be dismissed. If the petition is dismissed prior to the next hearing, the hearing will be dropped from calendar. If the petition has not been dismissed prior to the next hearing, appearances will be required.

 

***End of Tentative Rulings***

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