Motion for Reconsideration CLM

Cal. Super. - 2nd Dist.December 19, 2014

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: OXNARD DIVISION September 02, 2015 09/22/2015 09:00:00 AM DEPT.: J6 COUNTY OF VENTURA JUDICIAL OFFICER: Glen Reiser CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited Petitions - Other 56-2014-00461629-CU-PT-VTA IN THE MATTER OF 3043 SO L STREET OXNARD CA Motion for Reconsideration (CLM) - Motion for Reconsideration of Order to Deny Claimants/Respondents CAUSAL DOCUMENT/DATE FILED: Motion for Reconsideration, 08/21/2015 stolo On November 13, 2012, Charena Villareal petitioned to be appointed administrator of the probate estate of her alleged father, Mark Bennett, in Ventura County Superior Court action number 56-2012-00427268. The verified probate petition alleged, inter alia, that decedent's sister, "Shari "Courtney, had taken possession of all of decedent's assets without permission. Ms. Courtney allegedly could not be found or served, and the petition was continued by this court on five or six occasions, but never granted. On December 19, 2014, rather than file a §850 petition in decedent's probate action, the trustee under a deed of trust tendered $47,805.03 of decedent's surplus funds from a foreclosure sale into court in Ventura County Superior Court action number 56-2014-00461629. In that civil filing, Ms. Courtney was alleged to be decedent's daughter, and Ms. Villareal was alleged to be decedent's granddaughter. On August 4, 2015, in the civil action, Ms. Villareal and her two siblings moved to receive all of the proceeds of the foreclosure sale. In that motion, Ms. Villareal and her siblings declared under penalty of perjury that they "have no other siblings" and "therefore the only individuals entitled to the interest our mother would have received in the Subject Property had she been alive." Nowhere in the body of the motion is Ms. Courtney's existence referenced. The motion to receive the proceeds was denied by Judge Rebecca Riley in the civil court on August 19, 2015. Judge Riley ruled that the proceeds are properly a part of decedent's probate estate. On August 21, 2015, again with no mention of Ms. Courtney's existence in the body of the motion, the grandchildren sought reconsideration of Judge Riley's decision. As part of that motion, the three grandchildren attached a verified "small estate" affidavit that they and only they were entitled to the proceeds. Judge Riley denied the reconsideration motion. On September 16, 2015, "Sheri" Courtney filed a succession petition in the probate case as decedent's only surviving daughter. Ms. Villareal was identified as a niece of Ms. Courtney and the granddaughter of decedent. The succession petition seeks the right to distribution of the "$47,000" cash deposited in Ventura County Superior Court action number 56-2014-00461629 one-half to Ms. Courtney and one-half to her deceased sister's children. In addition, Ms. Courtney seeks her attorney fees and costs. This court sua sponte court consolidates the civil action into the instant probate/succession action for all purposes. The court notes in the surplus funds application that the available funds were reduced $5180.86 to pay the attorney fees of the interpleading trustee. Discuss. TENTATIVE RULINGS Page: 1 CASE NUMBER: CASE TITLE: IN THE MATTER OF 3043 SO L STREET OXNARD CA 56-2014-00461629-CU-PT-VTA gmr TENTATIVE RULINGS Page: 2