In the Matter of THE KATEN LIVING TRUST

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 13 Honorable Daniel T. Nishigaya R. Belligan, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2240

DATE: August 28, 2026 TIME: 10:00 A.M. TO CONTEST A TENTATIVE RULING, YOU MUST CALL (408) 808-6856 BEFORE 4:00 P.M. ON THE DAY PRIOR TO THE HEARING. You must also inform all other sides to the issue before 4:00 P.M. the day prior to the hearing that you plan to contest the ruling. The Court will not hear argument, and the tentative ruling will be adopted if these notifications are not made. (Cal. Rule of Court 3.1308(a)(1); Civil Local Rule 8.D.)

LINE # CASE # CASE TITLE RULING LINE 1 23PR195217 In the Matter of THE DITMORE Special Demurrer for Uncertainty REVOCABLE TRUST Ctrl Click (or scroll down) on Line 1 for tentative ruling. LINE 2 23PR195217 In the Matter of THE DITMORE Anti-SLAPP Motion REVOCABLE TRUST Ctrl Click (or scroll down) on Line 1 for tentative ruling. LINE 3 24PR198752 In the Matter of THE KATEN LIVING Motion for Vilation of Court Order and TRUST Sanctions

Ctrl Click (or scroll down) on Line 3 for tentative ruling.

- oo0oo -

Calendar Line 3

Case Name: In the Matter of THE KATEN LIVING TRUST Case No.: 24PR198752

On December 5, 2024, Petitioner Laura Kessler (“Petitioner”) initiated this case by filing a petition for instructions regarding sale of real property, surcharge for breach of trust, and to compel an accounting. In it, Petitioner names as respondent Catherine Katen (“Respondent”). Petitioner and Respondent are co-trustees of the Katen Living Trust, dated December 6, 1994. Respondent filed an opposition to the petition.

Currently before the court is Petitioner’s motion for issue, evidentiary, and monetary sanctions against Respondent on the ground that Respondent disobeyed a court order to provide verified, code-compliant and objection-free responses to Petitioner’s discovery requests and to pay $2,005 in sanctions. Respondent did not oppose the motion.

However, on August 6, 2026, Respondent’s counsel filed a declaration indicating that Respondent passed away on August 4, 2026. Additionally, Petitioner filed a notice of Respondent’s death on August 11, 2026. Accordingly, the motion is DENIED without prejudice to Petitioner seeking whatever relief she may be entitled to against Respondent’s estate or successor in interest.

The Court will prepare the final order.

- oo0oo -

14