Williams – Trust
MOTION TO SET ASIDE
Motion type
Parties
Ruling
parte). We agree that it should not matter whether the judge has an unprovoked flash of understanding in the middle of the night or acts in response to a party's suggestion. If a court believes one of its prior interim orders was erroneous, it should be able to correct that error no matter how it came to acquire that belief.” Under that authority, the court reconsiders its prior ruling, taking into account the arguments of the parties on the motion for reconsideration (which was fully briefed).
Having considered those arguments, the court denies the request to modify the order. The order does not specify the amount Ngoc must pay for the examination, nor does it deny the opportunity to use insurance to pay for all or a portion of the examination. The order requires only that Ngoc pay whatever amount must be paid, subject to reapportionment. Similarly, the court did not and will not direct the Health Assessment Program for Seniors (HAPS) at University of California, Irvine as to who should conduct the examination or how it should be conducted. That is and should be left to HAPS, the entity with knowledge and experience in the field.
The motion is DENIED. The original order stands.
Opposing party is directed to give notice.
8 Williams – Trust;
MOTION TO SET ASIDE
Wendy Williams’ Motion to Set Aside/Vacate (ROA 63) is DENIED.
By her motion, Wendy Williams seeks an order vacating “any orders entered without my notice or participation” on the ground she did not receive notice of the proceeding.
The proceeding was initiated on December 12, 2025 when Petitioner Anne Williams filed a petition regarding the Albert James Williams and Anne Williams Living Trust dated August 26, 2021 (Trust). The petition was set for hearing on May 27, 2025.
On December 24, 2025, Petitioner filed an ex parte application seeking to remove Melanee Carpenter Lay as successor trustee of the Trust. (ROA 29.) The ex parte asked the court to dispense with notice to the interested parties other than Petitioner and Melanee Carpenter Lay as the requested relief did not affect any potential interest in the trust. On December 30, 2025, the court suspended Melanee Carpenter Lay as trustee of the Trust. On January 8, 2026, the court appointed Cynthia Troup interim trustee. (ROA 55.) The December 30, 2025 and January 8, 2026 orders are the only orders entered to date without notice to Wendy Williams. The court has the power to suspend and appoint trustees without notice to potential beneficiaries. (Prob. Code, §§ 15642 & 17206; Schwarz v. Labow (2008) 164 Cal.App.4th 417, 427-428.) Accordingly, the motion is DENIED.
Petitioner is directed to give notice.
9 Bent - Probate; 30-2024-01429924 VACATED
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