Petition to Compel Accounting, Remedy Breach of Trustee
July 6, 2026 Dept. 9 Probate Tentative Rulings
11. 26PR0104 IN RE: THE DECLARATION OF TRUST OF DOLBY R. MARPLE AND TAMZIA L. MARPLE DATED FEBRUARY 21, 1989 PETITION TO COMPEL ACCOUNTING, REMEDY BREACH OF TRUSTEE; COMPEL DISTRIBUTIONS; REDUCE TRUSTEE COMPENSATION; AND AWARD PAYMENT OF PETITIONER’S ATTORNEY’S FEES
This matter is before the court for the hearing of the petition filed April 13, 2026, which seeks an order: (1) compelling the Trustee, Richard Marple (“Trustee”), to provide a complete accounting from January 24, 2024 to present within 30 days of the Court’s order; (2) compelling the Trustee to provide all supporting documents relied on by his accounting; (3) surcharging the Trustee for damage he caused against the Trust in amount to be proven at trial; (4) compelling the Trustee to distribute the Trust assets, including the tangible personal property within 60 days of the Court’s Order; (5) award Petitioner reasonable attorney’s fees and costs in an amount not less than $5,000; (6) denying any trustee fee to the Trustee; and (7) any other and further orders the Court considers just and proper.
Notice of Hearing – Decedent’s Estate or Trust was filed April 16, 2026. A hearing was set for June 8, 2026, which was continued to July 6, 2026. To date, no objections or additional pleadings have been received by the Court.
TENTATIVE RULING #11: ABSENT OBJECTION THE PETITION IS GRANTED AS FOLLOWS: (1) PETITIONER’S REQUEST TO COMPEL TRUSTEE TO PROVIDE A COMPLETE ACCOUNTING FROM JANUARY 24, 2024, TO PRESENT WITHIN 30 DAYS OF THE COURT’S ORDER IS GRANTED; (2) PETITIONER’S REQUEST TO COMPEL TRUSTEE TO PROVIDE ALL SUPPORTING DOCUMENTS RELIED ON BY HIS ACCOUNTING IS GRANTED; (3) THE COURT RESERVES JURISDICTION TO SURCHARGE TRUSTEE FOR DAMAGE HE CAUSED AGAINST THE TRUST IN AN AMOUNT TO BE PROVEN AT TRIAL; (4) PETITIONER’S REQUEST TO COMPEL TRUSTEE TO DISTRIBUTE THE TRUST ASSETS, INCLUDING THE TANGIBLE PERSONAL PROPERTY WITHIN 60 DAYS OF THE COURT’S ORDER IS GRANTED; (5) THE COURT RESERVES JURISDICTION TO AWARD PETITIONER REASONABLE ATTORNEY’S FEES IN AN AMOUNT TO BE DETERMINED UPON SUBSTANTIAL EVIDENCE; AND (6) PETITIONER’S REQUEST TO DENY ANY TRUSTEE FEE TO THE TRUSTEE IS GRANTED.
ANY PERSON WHO HAS AN OBJECTION MAY MAKE IT ANY TIME, EVEN ORALLY AT THE HEARING (PROBATE CODE § 1043). NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE TO THE
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COURT AT (530) 621-6551 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999).
NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY TELEPHONE OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; EL DORADO COUNTY LOCAL RULE 8.05.07. PROOF OF SERVICE OF SAID NOTICE MUST BE FILED PRIOR TO OR AT THE HEARING.
LONG CAUSE HEARINGS MUST BE REQUESTED BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED AND THE PARTIES ARE TO PROVIDE THE COURT WITH THREE MUTUALLY AGREEABLE DATES ON FRIDAY AFTERNOONS AT 2:30 P.M. LONG CAUSE ORAL ARGUMENT REQUESTS WILL BE SET FOR HEARING ON ONE OF THE THREE MUTUALLY AGREEABLE DATES ON FRIDAY AFTERNOONS AT 2:30 P.M. THE COURT WILL ADVISE THE PARTIES OF THE LONG CAUSE HEARING DATE AND TIME BY 5:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. PARTIES MAY PERSONALLY APPEAR AT THE HEARING.
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