De Leon - Trust
MOTION TO BE RELIEVED AS COUNSEL (ROA 327)
Motion type
Parties
Attorneys
Ruling
was reasonably necessary to the litigation is a question of fact for the trial court to determine. (Foothill-De-Anza Comm. College Dist. v. Emerich, supra, 158 Cal.App.4th at pp. 29-30.)
Here, Respondents did not object to any particular item of cost. Moreover, Petitioner's opposition (ROA 499) supported each item of cost set forth in the Memorandum of Cost.
Counsel for Petitioner is to ordered to give notice of this ruling.
01266610 De Leon - TENTATIVE RULING Trust Case: De Leon - Trust 01266610
Calendar No: 7 Date: 08/26/26
MOTION TO BE RELIEVED AS COUNSEL (ROA 327)
Attorney Robert J. Legate seeks to be relieved as counsel for Ruth Chase and Robert Martinez.
Counsel has fully complied with California Rules of Court, Rule 3.1362.
The clients and another party, Eva Bernal, jointly filed an Objection to the motion to be relieved. (ROA 355.)
Ms. Bernal does not have standing to object to this motion, lacks personal knowledge of many of the facts asserted in the Objection, and claims no prejudice that would result to her personally if counsel is relieved.
Ms. Chase objects on the grounds that Mr. Legate gave notice of his retirement 4 months ago, not 8 months ago as he states; that Mr. Legate was not willing to proceed to trial without a further pre-trial retainer; that Mr. Legate fabricated his intent to retire; and that Mr. Legate has not been properly serving notice of certain documents to certain people.
Ms. Chase states in the Objection that she finds it very difficult to continue to work with Mr. Legate. She also states that she is "NOT" opposed to a ruling that would release Mr.
Legate since the Heggstad Petition has been continued 1/14/27.
Mr. Martinez joins in Ms. Chase's Objection.
Based on the foregoing, the court finds good cause to GRANT the motion to be relieved.
Withdrawal is effective upon filing the proof of service of the signed Order Granting Attorney’s Motion to Be Relieved as Counsel.
[Motion Type]
013330971 Belanger – TENTATIVE RULING Trust Case: Belanger – Trust 013330971
Calendar No: 11 Date: 08/26/26
DEMURRER (ROA 79)
Respondent Janice L. Belanger ("Respondent") demurrers to each cause of action in the subsequent trust Petition ("Subsequent Petition) (ROA 65) filed by Petitioner Bruce Kamolnick ("Petitioner").
Petitioner's request for judicial notice (ROA 77) is granted as to Exhibits A and B.
First Cause of Action - Accounting
Failure to State a Cause of Action
Respondent argues that Petitioner lacks standing to request an accounting of Trust A because Trust A remains revocable. However, the Subsequent Petition does not specifically request an accounting of Trust A.
The Subsequent Petition alleges that, since Decedent's death in 2012, the trustee has provided no accounting whatsoever. Petitioner is entitled to request information concerning the initial date-of-death inventory of assets and how such assets were allocated between Trust A and Trust B. (Prob. Code §
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