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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

December 12, 2025, at 9:30 a.m.  

  1. Matter of Andrea Grossman Trust
    24PR00578
    Petition to Invalidate Second Amendment to Trust, Remove Trustee, Compel Production of Original Trust Document, and Seek Damages for Breach of Trust and Elder Abuse

Tentative Ruling: APPEARANCES REQUIRED. The May 23, 2025, hearing was continued to allow the parties to participate in mediation. The Court’s May 23, 2025, ruling required the parties to comply with local rules 6.2.F.2 and 6.2.F.3 in advance of the September 12, 2025, hearing. The parties were to file statements of issues addressing the status of any settlement, whether a trial date is requested, and the specific gift to Harry Jones. No statements of issues were filed in advance of the September 12, 2025 hearing. The Court then continued the matter to December 12, 2025, and again ordered the parties to comply with local rules 6.2.F.2 and 6.2.F.3. No statements of issues have been filed and the Court has no other status update. Appearances are required to determine the status of mediation/settlement and/or to discuss trial setting.

 

  1. Jason Grossman vs Grossman
    25CV00609
    Complaint for: (1) Elder Abuse; (2) Fraud/Fraudulent Inducement; (3) Unjust Enrichment; and (4) Conversion

Tentative Ruling: APPEARANCES REQUIRED. See the tentative ruling for 24PR00578 above, for more information. This related case shall continue to trail 24PR00578.

 

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

Tentative Ruling: This matter is CONTINUED to January 23, 2026 at 9:30 a.m. in Dept. 12 at the request of the petitioner.

 

  1. Matter of The Himmelstein Family Trust
    25PR01036
    Petition for Order Accepting Resignation of Trustee and Appointment of Successor Trustee

Tentative Ruling: This matter is CONTINUED to April 10, 2026 at 9:30 a.m. in Department 12 to allow the petitioner an opportunity to address the issue of the trustee’s bond and venue, as noted below.

The Court is inclined to grant the uncontested petition but the Court will require the new trustee to post bond pursuant to California Probate Code §15602(a)(3). The Court will require bond for each trust in an amount equal to the value of the trust res. The papers on file do not reveal these values, so the petitioner is directed to file and serve a verified supplement addressing the appropriate amount of bond at least seven (7) court days in advance of the continued hearing date.  The supplement should also address venue, as there is presently no venue allegation in the petition.

Alternately, the petitioner may file a verified supplement addressing the above matters in advance of the hearing and request to appear at the hearing (in accordance with local rules) to present the supplement to the Court, potentially avoiding a continuance.

 

  1. Matter of R and C Parker Trust
    25PR01045
    Petition to Establish Single Trust Under Trust Instrument

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: The petition is GRANTED. The Court will sign the proposed order lodged September 11, 2025.
 

 

  1. Matter of The Alexis C. Honig-Simms Trust
    25PR01285
    Petition for Authority to Designate a Beneficiary Under Power of Attorney

Tentative Ruling: This matter is CONTINUED to April 10, 2026 at 9:30 a.m. in Department 12 for the reason set forth below.

Paragraph 7 of the petition indicates that the will of Alexis C. Honig-Simms is attached to the petition, but it is not. Instead, only the will of Ronald E. Simms is presented. The Court considers the principal’s will material, as it would serve as evidence of the principal’s intent to designate the trust as beneficiary of the subject accounts. Therefore, the Court will require the petitioner to serve and file, at least seven (7) court days in advance of the continued hearing, a verified supplement which includes the pour-over will of Alexis C. Honig-Simms.

Alternately, if the petitioner can file a verified supplement including the will in advance of the hearing, they may request to appear at the hearing (in accordance with all local rules) to present the supplement to the Court, potentially avoiding a continuance.

 

***End of Tentative Rulings***

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