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
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To Join Department 63 “Zoom” Online

To Join Department 63 “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 63:

  • 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

October 30, 2026, at 9:30 a.m.  

  1. Matter of Robert C. Engemoen, Jr. Trust
    26PR00366
    Petition for Appointment of Successor Trustee

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged March 24, 2026, except the Court will strike proposed order number 3 and will indicate that bond in the amount of $555,000.00 is required.

 

  1. Matter of Panfiglio Family Trust
    26PR00388
    Petition for Transfer of Trust Property; for Double Damages Under Probate Code §859

Tentative Ruling: The replies filed by Christina Rieger on October 8, 2026 are not recognized types of pleadings. California Probate Code §1000(a) [Except to the extent the probate code provides applicable rules, the rules of practice applicable to civil actions apply to, and constitute the rules of practice in, these proceedings.] The Court STRIKES the two replies filed October 8, 2026 pursuant to California Code of Civil Procedure §436(b).

Per the Statements of Issues filed October 21, 2026 and October 22, 2026, the parties will attend mediation on November 12, 2026 in an effort to resolve the matter without the need for further court intervention. Therefore, this matter is CONTINUED to January 6, 2027 at 3:00 p.m. in Department 63 for status of settlement and possible trial setting. Should the matter not completely resolve, the parties are ordered to meet and confer in compliance with local rule 6.2(F)(2) and file statements of issues in compliance with local rule 6.2(F)(3) at least seven (7) court days in advance of the continued hearing.

 

  1. Matter of Panfiglio Family Trust
    26PR00388
    Petition for Order Compelling Production of a Copy of the Terms of the Trust and Trust File

Tentative Ruling: This matter is CONTINUED to January 6, 2027 at 3:00 p.m. in Department 63 for the reasons set forth below.

The attorneys in possession of the files are not trustees or beneficiaries, but their rights or interests are affected by the petition, so California Probate Code section 17203(b) applies. Therefore, said attorneys are entitled to notice under California Probate Code section 17203(b), which requires service in the manner of a summons. Service by mail alone is insufficient.

Also, per the Statements of Issues filed October 21, 2026 and October 22, 2026, the parties will attend mediation on November 12, 2026 in an effort to resolve the matter without the need for further court intervention. As this is now a contested matter, should the matter not completely resolve prior to the next hearing, the parties are ordered to meet and confer in compliance with local rule 6.2(F)(2) and file statements of issues in compliance with local rule 6.2(F)(3) at least seven (7) court days in advance of the continued hearing.

 

  1. Matter of Panfiglio Family Trust
    26PR00388
    Amended Petition to Interpret Trust Language; Removal of Successor Trustee and Appointment; Transfer of Trust Property

Tentative Ruling: Per the Statements of Issues filed October 21, 2026 and October 22, 2026, the parties will attend mediation on November 12, 2026 in an effort to resolve the matter without the need for further court intervention. Therefore, this matter is CONTINUED to January 6, 2027 at 3:00 p.m. in Department 63 for status of settlement and possible trial setting. Should the matter not completely resolve, the parties are ordered to meet and confer in compliance with local rule 6.2(F)(2) and file statements of issues in compliance with local rule 6.2(F)(3) at least seven (7) court days in advance of the continued hearing.

 

  1. Matter of Alyson Rene Brisco Trust
    26PR00818
    Petition to Confirm Trust Assets

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged October 23, 2026. The proposed order lodged October 26, 2026 addresses additional matters (e.g. statutes of limitations) that are not discussed in the opposition, and additional language that is not necessary.

 

  1. Matter of Stewart Family Bypass Trust
    26PR00821
    Petition for Order Determining Existence and Terms of Trust, Modifying Terms of Trust by Consent Appointing a Trustee and Confirming Distribution

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged July 8, 2026.

 

  1. Matter  of the Special Needs Trust Established Under the Perani Family Revocable Living Trust
    26PR00840
    Petition for Instructions of Internal Affairs of Trust for: Trust Amendment (Restate Special Needs Trust)

Tentative Ruling: The petition is GRANTED. The petitioner is directed to lodge an updated proposed order that includes the proposed trust modification as Exhibit A, as stated at proposed order number four (4).

The Probate Court’s review of this Special Needs 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 Susan Francis Markell Trust
    26PR00871
    Petition Under Probate Code §17200

Tentative Ruling: As for the request to compel the trustee to provide a copy of the trust, the petition is GRANTED. Amy Markell, as the acting trustee of The Susan Francis Markell Trust, is ordered to provide a complete copy of the trust instrument to the petitioner within 10 days of service of notice of entry of an order. The petitioner is directed to file and serve a verified supplement, at least seven 10 court days in advance of the continued hearing, containing the copy of the trust he receives from the trustee. 

As for the attorney fees request, the petition is DENIED. The petitioner is self-represented, so the petitioner is not entitled to attorney fees. See The Law Firm of Fox & Fox v. Arteaga (2026) 121 Cal.App.5th 1249, 1253.

The balance of the petition is CONTINUED to February 26, 2027 at 9:30 a.m. in Department 63, to be determined after the Court can review a copy of the trust.

Petitioner shall submit an order after hearing conforming to the above ruling.  The Court will issue a written order.

***End of Tentative Rulings***