Petition for Final Distribution on Waiver of Account; Waiver of Statutory Compensation; Allowance of Statutory Compensation; Reimbursement of Costs; Retention of Reserve
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DISCUSSION
Affirmative Defenses. The Response contains multiple affirmative defenses, including (but not limited to) waiver, unclean hands, and unjust enrichment. Petitioner’s brief does not acknowledge the existence of the Response’s affirmative defenses. Because the Response contains affirmative defenses, Petitioner necessarily cannot establish that “the answer does not state facts sufficient to constitute a defense to the complaint” (Code Civ. Proc., § 438, subd. (c)(1)(A)) if they are completely silent as to the affirmative defenses. Because of Petitioner’s failure to address the Response in its entirety, including the alleged affirmative defenses, the Court need not reach the merits of the Motion for Judgment on the Pleadings.
PR0001332 IN THE MATTER OF LEANNE L. HENDRIX
Petition for Final Distribution on Waiver of Account on First and Final Report of Executor; for Waiver of Statutory Compensation to Executor; for Allowance of Statutory Compensation to Attorney, for Reimbursement of Costs Advanced to Attorney; and, for Retention of Reserve, filed by Brad W. Pennington on 4/14/26.
Ruling. Absent objections, this Petition will be granted without hearing.
PR0001389 IN THE MATTER OF JULIANA GREVESMUHL
Verified Petition for Order (1) Determining Claim to Trust Property (Probate Code § 850); (2) Cancellation of Void Instrument (Civil Code § 3412); (3) Imposition of Constructive Trust; (4) Financial Elder Abuse; (5) Double Damages (Probate Code § 859); (6) Accounting and Surcharge; (7) Fraud, filed by Maria L. Mandolini on 4/15/26.
Ruling. The parties are ordered to appear.
PR0001439 IN THE MATTER OF BERNICE G. REHNEN
Petition for Final Distribution on Approval of First and Final Account and for Allowance of Executor Fee and Attorney Fee, filed by David E. Perotti on 3/4/26.
Ruling. Absent objections, this Petition will be granted without hearing.
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