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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 13, 2026, at 9:30 a.m.  

  1. Matter of Patricia Joann Kitsman Trust
    25PR00024
    Second Amended Petition to Determine Ownership to Property

Tentative Ruling: On March 5, 2026 the Court sustained the demurrer to the second amended petition and granted the petitioner leave to amend. No amened petition has been filed. As the pleadings are not yet settled, this hearing is CONTINUED to June 18, 2026, at 9:30 a.m. in Dept. 12. The parties are ORDERED to meet and confer and file statements of issues at least seven (7) court days in advance of the continued hearing date in compliance with local rules 6.2.F.2 and 6.2.F.3.

 

  1. Matter of The Bob and Floryce Silva Trust
    25PR00922
    Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to Revocable Trust

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged August 15, 2025.

 

  1. Matter of the Grethe J. Farah Trust
    25PR00999
    Petition to Determine Validity of Purported Restatement of Trust

Tentative Ruling: Per the recently filed statements of issues discovery is ongoing and the parties need additional time to work on this case. The parties agree the matter should be set for a trial date in November of 2026 or later. Therefore, APPEARANCES ARE REQUIRED for trial setting. Counsel for the parties should be prepared to discuss their availability for trial. The Court acknowledges the 5-day trial estimate, as stated in the recently filed statements of issues. The Court is also inclined to refer the matter to its volunteer settlement conference panel at the hearing.

 

  1. Matter of The Josephine A. Triebel Living Trust
    25PR01310
    Petition for Order Confirming Click2Enter, Inc. Stock Shares as Assets of Trust

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

 

  1. Matter of Donald McCombs Family Trust dtd May 5, 2022
    25PR01312
    Petition for Order to Confirm Asset to Trust

Tentative Ruling: The problems stated in the probate examiner notes posted January 27, 2026 have not been cured. 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).  This matter is CONTINUED to June 12, 2026 at 9:30 a.m. in Department 12 to allow the petitioner an opportunity to timely serve code compliant notice to all necessary people.

 

  1. Matter of the 1992 Frey Family Trust
    25PR01346
    Petition for Instructions for Revocability of Trust, or Alternatively, for Instruction re Ambiguity in Trust Provisions, or Alternatively, for Modification of Trust

Tentative Ruling: The petition for modification is GRANTED. The Court will sign the proposed order lodged November 19, 2025, but will strike proposed orders number 2 through 5.

 

  1. Matter of The Sanders Family Trust
    25PR01348
    Petition for Order Confirming Trust Assets

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged November 20, 2026.

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.

 

  1. Matter of the Roger M. Boone Trust
    25PR01352
    Petition for Order for Instruction and Trust Reformation

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged November 20, 2025.

 

***End of Tentative Rulings***

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