Skip to main content.

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

April 17, 2026, at 9:30 a.m.  

  1. Matter of Alberta I. Goetz Trust
    24PR00959
    Petition For Accounting and For Information Related to Trust Administration

Tentative Ruling: The petitioner’s recently filed statement of issues indicates that the parties have not had a chance to meet and confer due to conflicting schedules, but the parties have been exchanging information and cooperating with respect to administration. The petitioner requests this matter be continued for further status conference. Therefore, this matter is CONTINUED to July 23, 2026 at 3:00 p.m. in Dept. 12 (Case Management Conference Calendar.) Should the matter not fully resolve in advance of the continued hearing, the parties are ordered to meet and confer in compliance with local rule 6.2.F.2 and file updated statements of issues in compliance with local rule 6.2.F.3 at least seven (7) court days in advance of the continued hearing.  The Court notes the underlying petition was filed in 2024.  If at the next hearing the matters raised therein are not resolved the Court is inclined to set the matter for trial on a date before the end of 2026.

 

  1. Matter of Parvin Fallah Moghaddam Trust
    25PR00354
    Verified Petition for Orders: (1) Permanently Removing Farnaz Amiri as Trustee for Breaches of Fiduciary Duties and Committing Undue Influence and Elder Abuse, (2) Directing that Farnaz Amiri Account for Her Administration of the Trust and Petition for Court Approval of Said Account; (3) Appointing a Successor Trustee; and (4) Surcharging Farnaz Amiri for Breaches of Fiduciary Duties According to Proof

Tentative Ruling: This matter is CONTINUED to June 12, 2026 at 9:30 a.m. in Department 12 to trail the trust petition filed April 2, 2025, for the reasons set forth below.

The proof of service shows service to counsel for the respondent only in violation of California Probate Code §1214 and California Rules of Court Rule 7.51(b).*

The petitioner’s standing to bring this petition depends on his success in the trust petition filed April 2, 2025. If the April 2, 2025 petition fails, the petitioner is not a trust beneficiary and has no interest in the trust and should be denied standing (the respondent’s interest vests at the death of the settlor under the 2nd amendment, and the petitioner would be left with no interest.) If the April 2, 2025 petition succeeds, the petitioner has standing to seek removal of the trustee (the trustee under the original trust was the respondent) and to proceed with the other claims in this petition. So, this petition will trail the outcome of the April 2, 2025 petition.

*After the Court has prepared this tentative ruling, an objection by respondent Farnaz Amiri was filed.  Any service issues are therefore waived. Now that this matter is contested, in addition to the continuance for the reasons set forth above, the parties are also ordered to meet and confer and to file statements of issues as required by local rules 6.2.F.2 and 6.2.F.3.

 

  1. Matter of The Carole G. Rosvold 2014 Revocable Trust
    25PR00730
    Verified Petition for Order (1) Compelling Accounting; (2) Compelling Information Concerning Trust Assets and Administration; (3) Instructing Trustees to Carry Out Duties; (4) Removing Co-Successor Trustees for Breach of Fiduciary Duty; (5) Imposing Surcharge and Damages; and (6) Awarding Attorney’s Fees and Costs

Tentative Ruling:  A notice of settlement of the entire case was filed February 18, 2026. The notice of settlement indicates the settlement agreement conditions dismissal of this matter on the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement, and that a request for dismissal will be filed no later than April 30, 2026. Therefore, this matter is CONTINUED to a case management conference calendar on August 27, 2026 at 3:00 p.m. in Department 12 for status of settlement.

 

  1. Matter of The Diane G. Alvarez Revocable Trust
    25PR01051
    Petition to Determine Validity of Purported Trust; to Declare Transfer of Real Property to Trust is Invalid and Declare Such Transfer Void

Tentative Ruling: The petition is DISMISSED without prejudice. The Court does not find any basis for venue in Sonoma County. The situs of trust administration is Concord, CA, in Contra Costa County. Axia Santos, the trustee, has opposed the petition and does not indicate any intention of resigning as trustee. So, venue is proper in Contra Costa County per California Probate Code §§17002 and 17005.

 

  1. Conservatorship of Andrew Bennett Lozano
    25PR01319
    Petition for Substituted Judgment of Temporary Conservator to Execute the Special Needs Trust of Andrew Lozano and Transfer Assets into Said Special Needs Trust, to Appoint Trustee; for Issuance of Bond

Tentative Ruling: An accounting in the temporary conservatorship is waived as the temporary conservator never marshalled any assets.  The letters of temporary conservatorship are extended to May 29, 2026, to facilitate the funding of the trust.  The petition for appointment of conservator is dismissed without prejudice.

The petition for substituted judgment presents a bond calculation at paragraph 17, but that bond calculation does not follow the formula set forth at California Probate Code §2320(c), as required by the trust.  See Rule of Court 7.903(c)(5). The correct bond calculation should include personal property assets are valued at $780,000.00, an estimated 4% annual income ($31,200) and a 10% cost of recovery ($78,000), for a total bond set at $889,200.00.  The petition is GRANTED except that the request to remove the trust from court supervision is denied, the request to pay trustee compensation without court order is also denied, and the bond amount shall be adjusted as stated in this ruling.  Petitioner is directed to submit a revised proposed order consistent with this ruling. 

Matter is SET on the case management conference calendar on June 24, 2027 at 3:00 p.m. in Dept. 12 for status of first account and report.  If a petition for approval of a first account and report has been filed at least seven days prior to the hearing, no appearances will be required and the matter will be dropped from calendar.  If the petition for approval of first account and report is approved without issues, the Court will likely then set accountings on a two year review cycle thereafter.

The Probate Court’s review of this trust DOES NOT Guarantee Medi-Cal Eligibility or any other Public Benefits provided by any governmental entity. The Probate Court DOES NOT Guarantee that all Federal and State requirement have been met.

 

  1. Matter of The Henry Dearborn Newton Trust
    25PR01428
    Verified Petition for Order Confirming Successor Trustee and Trust Assets

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged December 8, 2025.

 

  1. Matter of The Virginia G. Johansen Trust
    25PR01448
    Petition to Confirm Real Property Held in Trust

Tentative Ruling: This matter is CONTINUED to July 31, 2026 at 9:30 a.m. in Department 12 to allow the petitioner an opportunity to address the Court’s concerns, as stated below.

There is no proof of service. The petitioner must timely serve code complaint notice to all necessary people and file proof(s) of service in advance of the continued hearing.*

The proposed order purports to attach an Exhibit A but there is no Exhibit A attached thereto and as a result there is no description of the subject property in the proposed order.

As a clarifying note, the petition at paragraph 5 indicates that the interest at issue is a 1/2 tenant in common interest. But the petition at paragraph 6 indicates the interest is a 1/3 tenant in common interest. The trust refers to a 1/3 tenant in common interest. Based on the description of the property in the trust and the other allegations of the petition, the Court, upon reaching the merits, will consider the interest at issue to be a 1/3 tenant in common interest in the subject property, and will consider the reference to a 1/2 tenant in common interest at paragraph 5 of the petition to be a typographical error.

*After the Court had prepared this tentative ruling, a proof of service was filed.  While filed only three days before the hearing, the proof shows service in February 2026.  Counsel is encouraged to avoid delay in filing proofs of service to avoid unnecessary duplication of efforts and delay in the hearing of cases.  As the other issues stated in the tentative ruling remain unaddressed, the matter is still continued.

 

  1. Matter of Charles Gerard Betschart Trust
    25PR01459
    Petition for Order for Instruction

Tentative Ruling: The petition was dismissed on April 13, 2026. The hearing is DROPPED from calendar.

 

  1. Matter of Arthur P. Wolf and Hill Gates Trust dated March 23, 2010
    25PR01466
    Petition for Order Modifying Terms of Irrevocable Trust

Tentative Ruling: All trust beneficiaries are entitled to notice of this hearing. California Probate Code §17203(a)(2). There is no proof of service to Helen Reichsrath, the beneficiary of a lifetime right of occupancy in certain trust real property. Helen Reichsrath’s beneficial interest in the trust would be eliminated by the proposed modification. Therefore, this hearing is CONTINUED to July 31, 2026 at 9:30 a.m. in Department 12 to allow the petitioner an opportunity to timely serve code compliant notice to Helen Reichsrath.

 

  1. Matter of Walter Benedetti and Willie Benedetti Trust
    25PR01467
    Petition to Enforce Money Judgement Against Trust Beneficiaries Arthur Benedetti and Arron Benedetti

Tentative Ruling: This matter is CONTINUED to July 31, 2026 at 9:30 a.m. in Department 12.

The petition is not verified as required by California Code of Civil Procedure §2015.5. The jurat for the verification does not include the required language. Substantial compliance is insufficient. See Kulshrestha v. First Union Commercial Corp., (2004) 33 Cal.4th 601.  If proper verification has not been filed at least 10 court days prior to the next hearing, the matter will be dismissed without prejudice at that time.

Notice to many of the individuals entitled to notice is to counsel only, in violation of California Probate Code §1214 and California Rules of Court Rule 7.51(b). The petitioner must timely serve code compliant notice to all necessary people and file updated proof(s) of service at least 10 court days prior to the next hearing.  If proof of code compliant service has not been filed, the matter will be dismissed without prejudice at that time.

The Court understands that the petitioner is seeking the Walter Benedetti Trust through discovery and is not in possession of a copy of that trust. The Court directs the petitioner’s attention to Sonoma County Local Rule 6.8.A, which states, “For every petition filed pursuant to Division 9 of the Probate Code, the petition must include a copy of the entire trust instrument(s) relevant to the action, including all amendments thereto, and all attachments, schedules, and exhibits.”

As this is 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) court days in advance of the continued hearing in compliance with local rule 6.2.F.3. The statements of issues should address whether any of the issues in this case have become moot by the stipulation reached at the April 10, 2026 Settlement Conference for case SCV271693.

The Court also requires the Petitioner to file a verified supplement addressing whether there are any bankruptcy proceedings that affect its ability to proceed in this action.  Any supplement must be filed and served at least 10 court days prior to the hearing.  If no such verified supplement is filed, the matter will be dismissed without prejudice at that time.

 

  1. Matter of The Lane Family Trust
    25PR01478
    Petition to Modify Irrevocable Trust

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged December 17, 2025.

 

  1. Matter of Lindsay Ross SNT
    SPR84034
    Second Account and Report of Conservator; Petition for Allowance of Fees to Trustee

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged December 26, 2025, but will make the following changes: 1. The title will be changed to reflect that it is the order on the second account. 2. Proposed order number 5 is not addressed in the petition and is superfluous as this authority was granted in the order signed on October 18, 2024, so it will be stricken. 3. The court does not collect a probate examiner fee, so proposed order number 6 is stricken.

The Probate Court’s review of this trust DOES NOT Guarantee Medi-Cal Eligibility or any other Public Benefits provided by any governmental entity. The Probate Court DOES NOT guarantee that all Federal and State requirements have been met.

 

***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?