In the Matter of the Liberato Family Trust

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 13 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113

DATE: September 9, 2026 TIME: 10:00 A.M. To contest the ruling, you must call (408) 808-6856 before 4:00 P.M. You must also contact the other side before 4:00 P.M. to inform them that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)

**Please specify the issue to be contested when calling the Court and counsel**

10:00 A.M. LINE # CASE # CASE TITLE RULING Line 1 18PR184370 In the Matter of Click LINE 1 or scroll down for ruling. the Liberato Family Trust

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Calendar Line 1 Case Name: In the Matter of the Liberato Family Trust Case No.: 18PR184730

INTRODUCTION

The Liberato Family Trust (the Trust) was created by Rafael Liberato and Asuncion Liberato (Asuncion) in 1994. It was restated and amended by Asuncion in 2015 following her husband’s death. Asuncion is now deceased. This action was initiated by trust beneficiary Annabelle Jinkins (Petitioner), the settlors’ daughter, in 2018. Petitioner filed a Petition to Compel Accountings and to Determine Validity of Purported 2015 Restatement and Amendment to Surviving Spouse’s Survivor’s Trust.

Petitioner alleged that her sisters, former trustee Carolina Liberato (now deceased) and current trustee Norina Sharpe (Respondent), procured the 2015 restatement of and amendment to the Trust by fraud and undue influence when their mother lacked mental capacity. Petitioner also alleged mismanagement of the Trust and its substrusts, including a failure to provide accountings. Petitioner prayed for judgment invalidating the 2015 instruments, an accounting, and punitive damages.

Respondent then filed a petition to disinherit Petitioner, alleging her action triggered the Trust’s no contest clause. Respondent also filed accountings for and petitions for approval of two subtrusts.

Petitioner petitioned to remove Respondent as trustee, alleging that Respondent had embezzled approximately $250,000 in Trust funds for her personal benefit.

The matter proceeded to trial before the Honorable Rafael Sivilla-Jones. Judge Sivilla- Jones issued a written order in March 20222. That order was affirmed on appeal in 2024.

Still pending is Respondent’s petition to approve accountings. On July 7, 2025, Respondent filed her Amended Petition for approval of her Third-Amended First Accounts. On November 17, 2025, Petitioner filed two documents: (1) Annabelle Jinkins’ Objections to Norina Sharpe’s Third-Amended First Account and Report of the Liberato Bypass Trust for Period of 10/24/2016 to 04/30/2019; and (2) Annabelle Jinkins’ Objections to Norina Sharpe’s Third-Amended First Account and Report of the Liberato Survivor’s Trust for Period of 10/24/2016 to 04/30/2019. On June 24, 2026, Petitioner filed amended objections without leave of court. The court grants Respondent’s request for judicial notice of the original and amended objections. (Evid. Code, § 452, subd. (d).)

At issue is Respondent’s motion to strike the amended objections filed June 24, 2026. Petitioner filed an opposition and Respondent filed a reply.

DISCUSSION

A court may strike out any irrelevant, false, or improper matter asserted in a pleading. (Code Civ. Proc., § 436, subd. (a).) A court may also strike out all or any part of a pleading not drawn or filed in conformity with the laws of the State of California. (Code Civ. Proc., § 436, subd. (b).) The grounds for a motion to strike shall appear on the face of the challenged 3

pleading or from any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437, subd. (a).)

In her opposition, Petitioner agrees to withdraw her amended objections filed June 24, 2026. (Petitioner has filed a motion to file amended objections, which is set for hearing on October 9, 2026.) Because Petitioner has not withdrawn the amended objections yet, the motion to strike is GRANTED.

CONCLUSION

The motion to strike is GRANTED. Petitioner’s June 2026 objections are stricken. Those objections are entitled: (1) Annabelle Jinkins’ Amended Objections to Norina Sharpe’s Third-Amended First Account and Report of the Liberato Bypass Trust for Period of 10/24/2016 to 04/30/2019; and (2) Annabelle Jinkins’ Amended Objections to Norina Sharpe’s Third-Amended First Account and Report of the Liberato Survivor’s Trust for Period of 10/24/2016 to 04/30/2019.

The court will prepare the order.

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