The Fazzio Family Trust

Petitioners Katherine Rodda and Anthony V. Fazzio (“Petitioners”) are the children of Anthony J. Fazzio (“Decedent”). Prior to his death, Decedent married Fidelis E. Campion a.k.a. Fidelis De Cruz (“Respondent”) and, in 2019, he amended the Fazzio Family Trust to disinherit Petitioners and leave the bulk of the assets to Respondent. Decedent also recorded a deed transferring his home in Campbell to Respondent. Petitioners initiated this action on September 9, 2024 by filing their Petition to Invalidate Trust Instruments; to Invalidate Deed; Financial Elder Abuse; Disinheritance; Breach of Fiduciary Duty.

Currently before the court is Petitioners’ motion to compel third party Henry Decruz (“Decruz”), Respondent’s brother, to attend his deposition. The motion is unopposed. The motion initially was scheduled for hearing on May 18, 2026 but the court (Hon. Amber Rosen) continued the hearing so that Petitioners could serve Decruz with the motion. The court informed Petitioners that the hearing would be continued and ordered them to properly serve Decruz prior to the continued hearing date.

At the hearing on the motion, Petitioners’ counsel represented that Decruz had not been served with the motion and was evading service of same. Counsel represented that Petitioners would be filing an ex parte request to serve Decruz via alternate means. No such ex parte application has been filed. On July 8, 2026, Petitioners again filed a notice of motion with an attached proof of service that does not show service on Decruz.

Code of Civil Procedure section 1987.1, upon which Petitioners rely, has been interpreted to impose the notice and hearing requirements generally applicable to motions. (Titmas v. Superior Court (2001) 87 Cal.App.4th 738, 743, quoting St. Paul Fire & Marine Ins. Co. v. Superior Court (1984) 156 Cal. App. 3d 82, 86.) Code of Civil Procedure 1005, subdivision (b) requires the moving party to serve “all moving and supporting papers” at least 16 court days before the hearing. The moving party must also file a proof of service five court days before the hearing. (Cal. Rules of Court, rule 3.1300(c).) Petitioners have not established that they have served Decruz with the motion.