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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

January 23, 2026, at 9:30 a.m.  

  1. Matter of Elmer Leroy Martinelli Trust
    24PR00433
    Petition for Order Determining Validity of Trust Amendments

Tentative Ruling: Per the parties’ recently filed statements of issues, discovery is ongoing, and the parties require additional time to work towards the resolution of this case. The statements of issues express a willingness to submit the matter to mediation, but not before certain essential discovery is completed. Therefore, this matter is CONTINUED to May 8, 2026 at 9:30 a.m. in Dept. 12. As this is a contested matter, the parties are ordered to continue 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 date in compliance with local rule 6.2.F.3. The statements of issues should address status of discovery and mediation, as well as whether a trial date should be set.

 

  1. Matter of Clark 2001 Trust, dated April 24, 2001 and Amended March 2, 2021 and July 15, 2024 Trust
    25PR00434
    Petition to Determine Validity of Trust Amendments on Grounds of Undue Influence, and Damages and Attorney Fees

Tentative Ruling: A motion to compel discovery responses and impose monetary sanctions is set for hearing on January 29, 2026. The Court has not received updated Statements of Issues, but per the Respondent’s October 1, 2025 Statement of Issues, discovery is ongoing, and the parties require additional time to work towards the resolution of this case. Mediation may be a possibility, but not before discovery is completed. Therefore, this matter is CONTINUED to May 8, 2026 at 9:30 a.m. in Dept. 12. 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 date in compliance with local rule 6.2.F.3. The statements of issues should address status of discovery and/or mediation, and, to the extent possible, should address whether the exemption trust was ever created/funded, in addition to those matters required to be addressed by local rule.

 

  1. Matter of Dorothy Jean Kurlander Trust
    25PR00463
    Petition for Order Confirming and Transferring Trust Property to Trust

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged April 25, 2025.

 

  1. Matter of The Mitchell Family Trust
    25PR00766
    Petition to Confirm Successor Trustee, for Compulsory Accounting, Surcharge, and Related Relief

Tentative Ruling: This matter was continued to March 12, 2026 at 3:00 p.m. in Dept. 12 by the Notice of Rescheduled Hearing filed and served January 9, 2026 to be heard by the Honorable Lawrence E. Ornell.  Matter is DROPPED from calendar.

 

  1. Matter of The Helen M. Mendes Revocable Living Trust
    25PR00880
    Petition for Order Confirming Assets in Trust

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

 

  1. Matter of The Lynn H. Stevenson Trust
    25PR01023
    Petition to Appoint Successor Trustee and to Set Bond      

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

 

  1. Matter of The Janet H. Stevenson Trust|
    25PR01027
    Petition to Appoint Successor Trustee and to Set Bond

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

 

  1. Matter of The Lytle Living Trust
    25PR01145
    Petition to Establish a Single Trust Under Trust Instrument

Tentative Ruling: 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.

The petition is GRANTED. The Court will sign the proposed order lodged October 9, 2025.

 

  1. Matter of Norman E. Richtick, B Joann Richtik Trust
    25PR01187
    Verified Petition to Remove Trustees and Appoint a Successor Trustee; for a Trust Accounting; for Payment of Attorneys’ Fees; Removal of Personal Representatives

Tentative Ruling:  This matter is CONTINUED to February 27, 2026 at 9:30 a.m. in Department 12 for the reasons set forth below.

Beneficiaries Cole Walker Frietas and Kayla Freitas are not served in strict accordance with California Rule of Court Rule 7.51(a)(2) and 7.51(d). The petitioner is directed to timely serve code compliant notice of the continued hearing to said beneficiaries and file updated proof(s) of service.

The Court finds that the uncontested and verified petition contains facts sufficient to justify removal of the respondents from their positions as cotrustees and coexecutors. However, despite the prolix 533-page petition, the petitioner does not nominate a successor fiduciary nor is there any acceptance of the trust or the estate in the papers.  The Court does not locate and hire professional fiduciaries for parties to trust proceedings.  The petitioner should serve and file a verified supplement at least ten (10) days before the continued hearing that includes a nomination of a successor fiduciary, professional or otherwise, and an indication that the nominee accepts the trust and/or the estate.  The nomination should also address bond.

The aforementioned supplement should also present legal argument on the issue of whether the respondents should be ordered to pay for the costs of a forensic accounting personally, or whether the trust should pay for the cost of the accounting with the Court reserving the issue of surcharge for the cost depending on the outcome.

Regarding the requests for surcharge, evidence will need to be presented before a decision can be rendered. The Court acknowledges that the preparation of another accounting may be necessary before the damages are fully ascertained, and the Court intends to allow the petitioner sufficient time to prepare to present evidence. In due course, the Court will require the petitioner to serve and file a summary of damages. The Court will then determine whether an evidentiary hearing is needed (should the amounts be contested,) or merely a prove-up hearing held.

Regarding the request for costs of suit associated with the petition and any prove-up hearing, they may be claimed pursuant to a memorandum of costs filed with the court and subject to a motion to tax at the conclusion of the matter.  Any request for attorney’s fees must be by noticed motion and include the authority for an award, as well as support for the amount requested.

 

  1. Matter of Gina Di Leonardo Paisley Trust
    25PR01202
    Petition to Confirm Trust Assets

Tentative Ruling: This matter is CONTINUED to May 15, 2026 at 9:30 a.m. in Department 12 for the reason set forth below.

The assets at issue here are Wells Fargo accounts. However, Wells Fargo, the entity in possession of the accounts, has not been served as required by California Probate Code (“Prob C”) §851(a)(2). 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.) This problem was noted in the examiner notes posted December 9, 2025 but was not cured.

 

***End of Tentative Rulings***

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