BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al.

24CV001530: BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al. 06/25/2026 Hearing on Petition to Approve Final Accounting Report in Department 16C

Tentative Ruling

NOTICE:

Please take notice, Department 54 has moved to Department 16C at the Tani G. Cantil- Sakauye Courthouse. The new courthouse is located at 500 G Street, Sacramento, CA 95814.

TENTATIVE RULING:

Court appointed partition referee Chad Phillips’ (“Referee”) motion for an order (1) approving the final accounting report pursuant to Code of Civil Procedure section 873.820, (2) approving the proposed distribution, and (3) discharging the Referee is UNOPPOSED and GRANTED.

Plaintiffs Barbara J. Nakatomi; Debra T. Nakatomi and Robert Ken Miyamoto, trustees of the Miyamoto/Nakatomi Family Trust dated December 27, 1994, as the separate property of Debra T. Nakatomi; and Richard Schlesinger and Judy Nakatomi, trustees of the Richard Schlesinger and Judy Nakatomi Revocable Trust, as the separate property of Judy A. Nakatomi (collectively, “Plaintiffs”) filed the Complaint against defendant Douglas J. Nakatomi (“Defendant”) on January 29, 2024, alleging partition, accounting, constructive fraud, and waste.

Default was entered against Defendant on August 1, 2025, and has not been set aside.

Referee was appointed via Interlocutory Judgment dated July 16, 2025, to effectuate the sale of the property located at 1227 Noonan Drive, Sacramento, California 95822 (the “Property”). The Interlocutory Judgment found that the interest of the parties in the Property are as follows:

a. 25% - Barbara J. Nakatomi, a married woman, as her separate property.

b. 25% - Debra T. Nakatomi, and Robert Ken Miyamoto, trustees of the Miyamoto/Nakatomi Family Trust dated December 27, 1994, as the separate property of Debra T. Nakatomi.

c. 25% - Richard Schlesinger and Judy Nakatomi, trustees of the Richard Schlesinger and Judy Nakatomi Revocable Trust, as the separate property of

24CV001530: BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al. 06/25/2026 Hearing on Petition to Approve Final Accounting Report in Department 16C

Judy A.Nakatomi.

d. 25% - Douglas J. Nakatomi, a single man.

The Property was sold on January 23, 2026. The net proceeds of sale after costs of sale amount to $440,709.68. (Declaration of Chad Phillips (“Phillips Decl.”), ¶ 1, Ex. 1.)

Referee seeks distribution of the proceeds as follows:

(1) The sum of $134,411.17 to be distributed to Barbara J. Nakatomi.

(2) The sum of $140,861.17 to be distributed to Debra T. Nakatomi, and Robert K. Miyamoto, trustees of the Miyamoto/Nakatomi Family Trust dated December 27, 1994, as the separate property of Debra T. Nakatomi.

(3) The sum of $156,927.17 to be distributed to Richard Schlesinger and Judy Nakatomi, trustees of the Richard Schlesinger and Judy Nakatomi Revocable Trust.

(4) The sum of $6,345.17 to be distributed to Douglas J. Nakatomi.

Referee asserts he believes the foregoing distribution is equitable based on his personal experience, because Defendant occupied the Property to the exclusion of the Plaintiffs for several years, and Defendant refused to cooperate, which led to the litigation. (Phillips Decl., ¶¶ 4-5.)

The unopposed motion is GRANTED.

The Court will sign the proposed order.

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV001530: BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al. 06/25/2026 Hearing on Petition to Approve Final Accounting Report in Department 16C

opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 16C Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16030877014 To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID 16030877014. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

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Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.