Petition Other PR

Cal. Super. - 2nd Dist.October 18, 2018

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: OXNARD DIVISION December 04, 2018 12/05/2018 09:00:00 AM DEPT.: J6 COUNTY OF VENTURA JUDICIAL OFFICER: Roger Lund CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Probate Trust Proceedings 56-2018-00518984-PR-TR-OXN IN THE MATTER OF THE EDMUNDO AGUILAR,SR. & MARIA ANTONIA AGUILAR 2000 REVOCABLE TRUST Petition Other (PR) - Petition for Orders for : 1. Trust Report and Accounting 2. Account By CAUSAL DOCUMENT/DATE FILED: Petition - Other, 10/18/2018 stolo This is not a civil action. Absent express statutory allowance (see, e.g., Pr. C. § 8251), the Court does not recognize a demurrer or motion to strike in the context of a probate petition. The rules of civil procedure (Code Civ. Proc. §430.10 et seq.) discuss demurrers in terms of complaints, cross-complaints and answers, not probate petitions. The procedure in probate is to file an objection, and proceed to evidentiary hearing. The efficacy of streamlined procedures in probate would be undermined if distribution of estates and trusts were constantly diluted by the attorney fees and the lengthy delays associated with the seemingly endless stream of pleading challenges which pervade our civil court system. The demurrer is ordered off calendar, but will be deemed argument on the objections. While section 15800 precluded suits by beneficiaries while the settlor was competent, allegations of incompetence were sufficient to overcome this bar. (Drake v. Pinkham (2013) 217 Cal.App.4th 400, 408-409) Thus, the court noted, where one alleges incompetence, they retain " 'the usual rights of trust beneficiaries' " under the relevant statutes. (Id. at p. 409) (Barefoot v. Jennings (2018) 27 Cal.App.5th 1, 7) Petitioner argues he is entitled to an accounting due to the trust becoming irrevocable, he bases that allegation on the fact that Maria lacks capacity. In the letter dated August 2, 2018 (Exhibit E) Rene's attorney notes that Maria has "recently suffered capacity issues", and states that Rene has "therefore assumed the Trusteeship pursuant to the terms of the trust." It appears there is no argument that Maria lacks capacity, as such, petitioner being a contingent beneficiary is no longer a bar to an action for an accounting. The court intends to appoint a Guardian Ad Litem for Maria Aguilar. The court intends to order Rene Aguilar to provide a trust accounting from the date he assumed sole trusteeship through November 30, 2018. Account to be filed on or before January 4, 2019. The court intends to continue this hearing to February 21, 2019, 9:00 a.m., Dept. J6 TENTATIVE RULINGS Page: 1