PETITION: 1. TO COMPEL TRUSTEE TO ACCOUNT AND PROVIDE INFORMATION; 2. TO INVALIDATE WRONGFUL LOAN DOCUMENTS; ... 12. FOR PRELIMINARY INJUNCTION
In The Matter of The Allen and Valija Tyler Revocable Trust 26PR000124
PETITION: 1. TO COMPEL TRUSTEE TO ACCOUNT AND PROVIDE INFORMATION; 2. TO INVALIDATE WRONGFUL LOAN DOCUMENTS; 3. TO DETERMINE OWNERSHIP OF TRUST PROPERTY; 4. FOR FINANCIAL ELDER ABUSE; 5. FOR BREACH OF TRUST / FIDUCIARY DUTY; 6. FOR DAMAGES AND SURCHARGE OF TRUSTEE; 7. TO DEEM KIM TYLER PREDECEASED; 8. ALTERNATIVELY, TO APPLY KIM TYLER'S INTEREST AS A BENEFICIARY OF THE TRUST TO THE SATISFACTION OF MONEY JUDGMENT; 9. FOR REMOVAL OF TRUSTEE AND APPOINTMENT OF A SUCCESSOR TRUSTEE; 10. FOR IMMEDIATE SUSPENSION OF TRUSTEE AS AND FOR APPOINTMENT OF AN INTERIM TRUSTEE; 11. TO RESTRAIN TRUSTEE FROM USING TRUST ASSETS TO DEFEND; 12. FOR PRELIMINARY INJUNCTION PREVENTING THE TRUSTEE FROM USING TRUST ASSETS
TENTATIVE RULING: The matter is CONTINUED to August 26, 2026, at 8:30 a.m. in Dept. A to permit Petitioner to serve Notice of Hearing and the Petition on: Debra Winkler, Julie Ingrid Spencer and Tim McCullach.
“The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204-05.) Debra Winkler is identified in the Trust as the child of decedent Valija A. Tyler, Julie Ingrid Spencer is identified in the Trust as the child of decedent Allen N. Tyler and Tim McCullach is named co-trustee. However, there is no proof of service of the Petition and Notice of Hearing on Debra Winkler, Julie Ingrid Spencer and Tim McCullach in the Court’s file. (See Prob. Code § 1821, subd. (b), 1822, subd. (b)(2).).
Petitioner and any “interested person” who wishes to “request time for filing a response to the petition, for discovery proceedings, or for other preparation for the hearing” should prepare to appear at the August 26, 2026, to discuss whether any opposition is anticipated, whether the parties intend to submit on verified pleadings and affidavits (see Evangelho v. Presoto (1998) 67 Cal.App.4th 615, 620), whether any discovery or other pre-hearing practice is anticipated, and whether the parties are willing to participate in alternative dispute resolution proceedings. (Prob.
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Code, § 852 [mandating that the court “shall grant a continuance for a reasonable time” where any interested person appears at the hearing to request an extension of time].) Should any party desire an evidentiary hearing, the parties should be prepared, at the August 26, 2026, hearing, to provide the Court with an estimate for the length of the evidentiary hearing, and to set the hearing on the Court’s calendar.
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