Motion to Change Venue; Motion to Disqualify Counsel; Petition for Undue Influence
2025PRTR053576: IN RE THE JERI C KONIG REVOCABLE TRUST 05/28/2026 in Department J6 Hearing on Petition Notice Of Motion And Motion To Change Venue And To Disqualify Counsel, Memorandum Of Points And Authorities, Declaration Of Mathew J. White, Proposed Order
Motion to Change Venue is off calendar pursuant to Stipulation filed 04/21/26 and signed by the parties and the court.
Petition for Undue Influence: There are triable issues of fact as to if the decedent was a dependent adult pursuant to Probate Code §21366, such that the presumption of undue influence provided in Probate Code §21380 applies.
The court intends to set the matter for evidentiary hearing as to if the decedent was a dependent adult, if Rosalinda Martinez was a care custodian, and if both are established the burden shifts to Rosalinda Martinez to prove by clear and convincing evidence that the donative transfer was not the product of fraud or undue influence. (Probate Code §21380).
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