ESTATE OF JACK PEFLEY
OSC/Motion Hearing
Motion type
Parties
Ruling
August 17, 2026 Dept. 9 Probate Tentative Rulings
9. 25PR0283 ESTATE OF JACK PEFLEY OSC/MOTION HEARING
ON THE COURT'S OWN MOTION DUE TO LACK OF JUDICIAL COVERAGE, THE COURT WILL HEAR THIS MATTER ON SEPTEMBER 28, 2026, AT 8:30 A.M. IN DEPARTMENT NINE. THERE WILL BE NO HEARING ON AUGUST 17, 2026. On July 2, 2026, Petitioner, Anthony Brian Pefley (“Petitioner”), filed a Motion to Vacate and Retract Respondent’s Verbal Resignation as Successor Trustee. On the same date, Petitioner filed an Order to Show Cause re: Vacating Verbal Resignation, Limited Restoration of Trustee Status, Passport Surrender, Travel Restrictions, Turnover, Sanctions, and Contempt.
A Proof of Service by Mail was filed on July 24, 2026, indicating an “OSC Notice of Hearing and Exhibits 1-68” were served on July 24, 2026. The Proof of Service does not indicate how the documents were served as required in violation of Code of Civil Procedure § 1013a. Additionally, it is unclear which documents were served. The Court is not in receipt of “Exhibits 1-68” and there are two motions on calendar. The Proof of Service is not in compliance with Code of Civil Procedure § 1013a, which requires the exact title of the document served and filed.
Petitioner’s request is denied due to defective service.
TENTATIVE RULING #9:
PETITION IS DENIED WITHOUT PREJUDICE DUE TO DEFECTIVE SERVICE.
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