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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• The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
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1. Matter of Dennis John Parish Living Trust Dated 2/13/2008
   24PR00754
   Petition for Approval of First and Final Account of Trustee and for Approval of Distribution

Tentative Ruling: In her April 16, 2026 filed declaration, counsel for the petitioner states a trust beneficiary was not timely notified of this hearing, and seeks a brief continuance to effect proper notice. Therefore, this matter is CONTINUED to May 29, 2026 at 9:30 a.m. in Department 12. The petitioner is ordered to timely serve code compliant notice of the continued hearing on all necessary people and file updated proof(s) of service.

 

2. Matter of Lawrence Family 2004 Trust, Richard P. Lawrence and Carol A. Lawrence Co-Trustee and Settlors and the Peter R. Lawrence Irrevocable Trust
   25PR00848
   Petition concerning the internal affairs of a Trust and for Orders thereon including: (1) Determining Questions of Construction of Trust Instrument; Existence or Nonexistence of Power Duty, or Right, and Validity of Trust Amendment; (2) Ascertaining Beneficiaries and Determining to Whom Property Shall Pass upon Termination of Trust; (3) Instructing Trustee and Compelling Trustee to Account, Report Financial Information Concerning Trust Property and to Distribute Trust Property; (4) Suspending Trustee and Appointing an Interim Independent Trustee; (5) Removing Trustee and Appointing an Independent Successor Trustee; (6) Prohibiting Trustee from Using Trust Funds; (7) for Redress of a Breach of Trust; (8) Damages for Financial Abuse of a Disabled Citizen; (9) Allocation of Attorney Fees and Costs; (10) Quiet Title

Tentative Ruling: This matter is CONTINUED to August 7, 2026 at 9:30 a.m. in Department 12 for the reasons set forth below.

This petition was filed in July of 2025. After two continuances, and despite the prior rulings of the court addressing these problems, the petition is not properly verified, and there is no proof of service to a number of trust beneficiaries. Should the petition remain unverified or should notice remain insufficient at the time of the continued hearing, the petition will be dismissed without prejudice. See Sonoma County Local Rule 6.2(C)(2)(c).

The petitioner has not filed a statement of issues, despite being ordered to do so twice previously. The petitioner has failed to respond to this Court’s concerns related to the effect of purported trust amendments. The parties are again ordered to meet and confer and file statements of issues in compliance wit h local rules 6.2.F.2 and 6.2.F.3 in advance of the continued hearing. In addition to that information required by local rule, the parties are ordered to address in their statements of issues the effect of the purported amendment to the Peter Lawrence Irrevocable Trust, which was not allowed by the plain terms of the trust. The parties should also address the purported third amendment to the Family Trust, which was made unilaterally by the surviving settlor, but attempted to amend portions of the trust that became irrevocable at the death of the first settlor to die.

The Court notes that it cannot assign a social worker for the petitioner or conduct a judicial mediation in this matter, as proposed by the Respondents in the April 15, 2026 Statement of Issues.

 

3. 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: The petition is GRANTED. The Court will sign the proposed order lodged November 6, 2025.

 

4. Matter of The Yu Shang Wiebers Trust
   25PR01482
   Petition for Order Confirming Trust Assets

Tentative Ruling: The petition is DENIED. California Evidence Code §662 codifies the form of title presumption, i.e. that the owner of the legal title to property is presumed to be the owner of the full beneficial title. Carne v. Worthington (2016) 246 Cal.App.4th 548, 556. This presumption may be rebutted only by clear and convincing proof. Id. A trust in relation to real property is not valid unless evidenced by a signed writing, as set forth at California Probate Code §15206. The petitioner fails to present clear and convincing proof, in the form of a signed writing, evidencing that the subject real estate 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).

At Exhibit F, the petitioner presents documents showing $15,000.00 in earnest money deposit was paid from an account titled to the trust. Pet. ps. 46-48. The check is not a manifestation of an intent to create a trust and does not satisfy California Probate Code §§15201 and 15206. The check is not evidence that the settlor transferred this property to the trust or otherwise intended that title should be held in the trust.

The petitioner’s argue that Trust Article V section D supports the petition. That section is not a manifestation of an intent to create a trust as to the subject real estate and does not satisfy California Probate Code §§15201 and 15206. The Court does not find it reasonable to interpret that section as a general assignment to the trust of all assets held by the settlor individually.

Finally, the Court directs the counsel’s attention to California Rule of Court rule 1.201(a), which states in part: “If financial account numbers are required in a pleading or other paper filed in the public file, only the last four digits of these numbers may be used.” Any future filings should comply with this rule.

 

5. Matter of The Josephine M. Bustamente Trust
   25PR01491
   Petition to Confirm Trustee

DISCLOSURE: The Court discloses that its former courtroom clerk, Avery Roux, left her employment with the court in May 2025 and became employed by the firm of Spaulding McCullough & Tansil as a law clerk.  While the Court makes this disclosure, it finds no basis on which to recuse.  If any party wishes to be heard, or to request more information on the disclosure, they should request to appear for that purpose.

Tentative Ruling: This matter is CONTINUED to August 7, 2026 at 9:30 a.m. in Department 12 for the reason set forth below.

On December 18, 2025 the petitioner Christopher B. Diaz filed his Petition to Confirm Trustee. On April 20, 2026 Johann R. Diaz filed his 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) court days in advance of the continued hearing in compliance with local rule 6.2.F.3.

 

6. Matter of The Charles R. Miller Charitable Remainder Unitrust and The Charles Rush Miller Charitable Remainder Trust
   25PR01493
   Petition for Appointment of Successor Trustee

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged December 18, 2025.

 

7. Matter of Andersen Family Trust
   25PR01510
   Petition for Order Confirming Trust Assets

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged December 23, 2025.

The Court acknowledges and appreciates the clarification provided by counsel’s declaration filed April 14, 2026. For the reasons stated in said declaration, the Court finds that California Probate Code §§15802 and15803 apply, and that no further notice of the petition is due.

 

8. Matter of The Dennis A. Ricci Revocable Trust
   25PR01516|
   Petition For: 1. Order For Accounting; 2. Suspension, Removal, And Replacement Of Trustee; 3. Order To Quiet Title And For Recovery Of Trust And Estate Property Under Probate Code Section 850; 4. Invalidation Of Purported Trust Instrument – Undue Influence; 5. Invalidation Of Purported Trust Instrument – Fraud; 6. Reformation – Mistake Of Fact; 7. Order For Damages And Attorney’s Fees Under Welfare & Institutions Code Section 15610.30 And Probate Code Section 859; 8. Unjust Enrichment / Restitution; 9.  Constructive Trust/Blocked Account; 10. Order Preventing Respondent From Using Trust Assets To Defend This Action; And 11. Order To Send Interested Parties To Mediation Under Probate Code Section 17206

Tentative Ruling: This matter is CONTINUED to August 7, 2026 at 9:30 a.m. in Department 12, for the reasons set forth below.

On December 24, 2025, Todd Ricci filed this petition. On April 15, 2025, Deanna M. Johnson 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) court days in advance of the continued hearing as required by local rule 6.2.F.3.

For every petition filed pursuant to Division 9 of the Probate Code (“Prob C,”) 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. Sonoma County Local Rule 6.8(A). No trust instrument is attached to the petition, despite indication in the petition that the petitioner has previously received a copy of the trust. At least seven (7) court days in advance of the continued hearing, the petitioner must file, by verified supplement, a copy of the entire trust instrument(s) relevant to the action, including all amendments thereto, and all attachments, schedules, and exhibits.

Per paragraphs 19 and 49 of the petition, some of the assets at issue in the Prob C §850 aspects of this petition are financial accounts. However, the entity(ies) in possession of the accounts (the financial institutions) have not been served as required by Prob C §851(a)(2). The petitioner should note that Prob C §851(a) requires service of the notice of hearing and a copy of the petition in the manner provided by California Code of Civil Procedure §413.10 et seq. (i.e. in the manner of a summons.)

The Court finds that the petitioner’s standing to seek a trust accounting and to seek removal and replacement of the trustee is dependent on his success in his efforts to invalidate or reform the trust. Therefore, the requests for an accounting and for removal and replacement of the trustee will trail the outcome of the invalidation or reformation claims. Prob C §§24(c) and 48. In probate proceedings, an interested person is a person that has an interest of some sort that may be impaired, defeated, or benefited by the proceeding at issue. Lickter v. Lickter (2010) 189 Cal.App.4th 712, 728.

The Court does not find any sufficient basis to conclude that trust property or the interests of a beneficiary may suffer loss or injury pending a decision on the petition for removal of the trustee at this time and does not order suspension. Prob C §15642(e).

Any request to prevent the respondent from using trust and estate assets to defend this action must be by noticed motion. Any request for a Breslin mediation order must be by noticed motion. Any request for allocation of attorney fees must be made by noticed motion and include the authority for an award of costs and fees, as well as support for the amount requested. With respect to costs, any person entitled to recovery of costs may seek costs by a memorandum of costs filed with the court and subject to a motion to tax, at the conclusion of the matter.

 

9. Matter of Richard B. Iverson Trust
   26PR00045
   Petition for Instructions

Tentative Ruling: This matter is CONTINUED to June 18, 2026 at 9:30 a.m. in Department 12 to be heard along with the counter petition filed April 17, 2026. As the counter petition seeks reformation of the trust, the court finds it premature to issue instructions under the trust in its present form at this time.

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.

 

10. Matter of John C. Robinson, Jenene W. Robinson Trust
    26PR00051
    Petition for Termination of Trust

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged January 12, 2026.

 

***End of Tentative Rulings***