Petition to Compel Accounting, Dispute Care Determination, and Right to Stay
CASE NUMBER: 26PB-0033361 This matter is on calendar for further proceedings on a Petition to Compel Accounting, Dispute Care Determination, and Right to Stay. The matter has been properly noticed with proof of service on file. No objections have been raised. The Petition has not been signed or verified, as required by Probate Code Section 1021 and CRC 7.103.
The amended Petition filed on June 22, 2026, provides a copy of the Trust. The trust provides that David Guadagni shall share fifty-percent of the residue of the trust assets “with his sister and brother if they become active in the settlor’s care during her life or, at a minimum, call the settlor at least one time a week.” Petitioner disputes Mr. Guadagni’s care determination; however, the trust explicitly vests Mr. Guadagni with sole discretion to determine whether the settlor’s other children became active in her life. It appears based on the allegations in the Petition that Mr. Guadagni determined that Petition was not active in settlor’s care during her life, therefore Petitioner is not a beneficiary of the trust.
Additionally, Petitioner alleges she was granted a life estate in real property owned by the trust, that the real property was burned in the Carr Fire, and the trust received insurance money related to the destruction of the home. Petitioner currently lives in a home that was purchased with that insurance money and the trustee of the trust is requesting Petitioner vacate the real property. Consequently, Petitioner requests an accounting of the insurance money. Civil Code Section 1624 requires that any interest in real property be evidenced by a writing. No writing has been produced as evidence that Petitioner was granted a life estate in the real property.
The Petition is DENIED without prejudice. A proposed Order has not been submitted in compliance with Local Rule 15.06. Petitioner shall prepare the Order. The clerk is instructed to close the file upon processing of the order. No appearance is necessary on today’s calendar.
IN RE: ROBERTA V. HARRISON REVOCABLE LIVING TRUST
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