IN THE MATTER OF THE JAY DEE WARK CREDIT SHELTER TRUST

PR0001404 IN THE MATTER OF THE JAY DEE WARK CREDIT SHELTER TRUST

1. Jana Wark Maloney’s Verified Petition for (1) Construction of Trust and (2) Order Voiding Trustor’s Purported Exercise of Power of Appointment, filed by Jana Wark Maloney on 8/8/25.

2. Motion for Order Quashing Deposition Subpoenas and Staying Depositions, filed by Sidney (sic) Wark on 12/31/25.

3. Verified Petition for Order Compelling Trustee Sydney Wark to (1) Produce Trust Information and (2) Account; and for (3) Suspension and (4) Removal of Trustee, filed by Jana Wark on 4/30/26.

Ruling. Pursuant to Marin County Rule, Probate 6.4 and Civil 2.13B, on May 5, 2026, this Court appointed Steven Perl as Discovery Facilitator for Sidney Wark’s Motion filed on December 31, 2025, for Order Quashing Depositions Subpoenas and Staying Deposition.

The Court has not received a Declaration of Non-Resolution from either party, in particular the moving party, five court days prior to the hearing on the motion set for June 25, 2026, as required by MCR Civ 2.13H. The Court reminds the parties that compliance with MCR Civ 2.13H not only includes the timely filing of the Declaration of Non-Resolution by each party five court days prior to the hearing but also

PLEASE NOTE: Probate cases that are designated as confidential by California law will not be posted online. For tentative rulings in those matters, please contact the judicial secretary at (415) 444- 7260. Page 4 | 15

requires that “[t]he Declaration shall not exceed three pages and shall briefly summarize the remaining disputed issues and each party’s contentions.” (MCR Civ 2.13H(1), emphasis added.)

The Court concludes and expects that this discovery matter is being resolved by the facilitator. The motion is therefore ordered OFF CALENDAR. (MCR Civ 2.13H(2).) Should the parties fail to reach resolution through the facilitator, either party may request (by ex parte application) that the Court re-set the motion for an expedited hearing.

The Court refers the Amended MOTION FOR ORDER QUASHING DEPOSITION SUBPOENAS AND STAYING DEPOSITIONS OF WELLS FARGO BANK, N.A., USAA FEDERAL SAVINGS BANK AND JPMORGAN CHASE BANK filed on April 27, 2026, to the Discovery Facilitator Program. If Mr. Stephen Perl is available, the Court asks the Discovery Facilitator Program to appoint Mr. Perl to this discovery dispute.

Any response to the Verified Petition for Order Compelling Trustee Sydney Wark to (1) Produce Trust Information and (2) Account; and for (3) Suspension and (4) Removal of Trustee, filed by Jana Wark on 4/30/26 shall be filed by July 10, 2026, or shall be deemed waived. Any reply to any filed response shall be filed by August 7, 2026 or shall be deemed waived.