Petition to Invalidate a Trust
23CV010116: IN THE MATTER OF: MARIA LUZ ALTIERI-ORTIZ 04/23/2024 Hearing on Petition to Invalidate a Trust in Department 53
Tentative Ruling
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 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 53/54 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. 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.
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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 Courts 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
23CV010116: IN THE MATTER OF: MARIA LUZ ALTIERI-ORTIZ 04/23/2024 Hearing on Petition to Invalidate a Trust in Department 53
will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
The hearing date set for Petitioner Maria Luz Altieri-Ortizs (Petitioner) Petition to Invalidate a Trust (the Petition) is DROPPED from Department 53s calendar for the reasons explained herein. For the same reasons, the hearing reserved for October 17, 2024 in Department 53 is also DROPPED.
The notice of hearing does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06. Petitioner is directed to contact opposing counsel and advise them of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing. If Petitioner is unable to contact opposing counsel prior to hearing, Petitioner is ordered to appear at the hearing.
The notice of hearing does not include an address for the Court. The correct address for Department 53 of the Sacramento Superior Court is 813 6th Street, Sacramento, California 95814.
Petitioner in pro per commenced this action, filed in the Sacramento Superior Courts general civil division on October 19, 2023. Her case-initiating filing is entitled Petition to Invalidate Trust Based on Undue Influence; and for Damages for Elder Abuse. Petitioner has entitled her case-initiating filing as a petition as opposed to a civil complaint.
The Court notes that this case immediately follows what appears to be a related probate case disposition in Case No. 23PR001064. In that case, on October 11, 2023, the Probate Court denied an August 10, 2023 petition apparently filed by the same party as the case here. The Probate Court did not explain the basis for denying the probate petition. Upon review of the Petition filed in this action, this Court presumes the denial in Probate Court may have been due to the failure of Petitioner to allege proper jurisdiction before the Probate Court. But the Court makes no findings in such regard here as they are unnecessary to the disposition of the instant matter in this case.
In any event, this matter is now pending as a general civil action. The Court does not rule here whether or not the Petition filed in this action is deficient or defective for any reason. It appears that Petitioner has set this matter for hearing on this date (filing a Notice of Hearing on January 8, 2024), and also reserved a future date for hearing on petition to invalidate trust for October 17, 2024. Both hearings are improperly set/reserved in Department 53. This hearing (as well as the one reserved for October 17, 2024) appears to seek a ruling on the merits of the Petition i.e., a trial on the merits. This is self-evident because Petitioner has no law and motion matters properly filed and pending in Department 53, only the original case-initiating Petition
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
23CV010116: IN THE MATTER OF: MARIA LUZ ALTIERI-ORTIZ 04/23/2024 Hearing on Petition to Invalidate a Trust in Department 53
itself. No trials may be set in Department 53. Thus, the matter is DROPPED.
The Court shall refer this case to the Case Management Program Department for setting of a Case Management Conference.
If Petitioner seeks special setting of trial of this matter, she must do so in the Presiding Judges Department (Department 47).
Therefore, this hearing, and the one reserved for October 17, 2024, are DROPPED from calendar.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)