In the Matter of: Guin Family Trust dated March 26, 2012

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-

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24PR000359: IN RE: GUIN FAMILY TRUST 06/03/2026 Hearing on Motion - Other Motion to Stay Probate in Department 126

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.

TENTATIVE RULING Respondent Joseph Perez’s unopposed motion to stay probate proceedings is GRANTED as follows.

At the outset, the notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 4.02.01(D) and 1.06(D). Respondent is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure. If Respondent is unable to contact counsel for opposing party prior to the hearing, Respondent shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B).

Probate Code 854, not Probate Code 2525 as cited by Respondent, which was repealed in 2002, states, “[i]f a civil action is pending with respect to the subject matter of a petition filed pursuant to this chapter this part and jurisdiction has been obtained in the court where the civil action is pending prior to the filing of the petition, upon request of any party to the civil action, the court shall abate the petition until the conclusion of the civil action.” Probate Code section 854 “shall not apply if the court finds that the civil action was filed for the purpose of delay.” (Prob. Code, SS 854.)

Petitioner and Beneficiary Jane Deacon’s (“Petitioner”) petition, filed February 5, 2026, included a request under the Probate Code chapter and part regarding “Conveyance or Transfer of Property Claimed to Belong to Decedent or Other Person,” to determine an interest in property and double damages pursuant to Probate Code sections 850 and 859. (See Bellows v. Bellows (2011) 196 Cal.App.4th 505, 513 [“Section 854 is not applicable here because [the] petition was not filed under a section within part 19.”].) Thus, Probate Code section 854 applies to this petition, and upon request of any party to the civil action, “the court shall abate the petition until the conclusion of the civil action.” (Prob. Code, § 854.)

Next, Respondent alleges he is the plaintiff in a civil action, Sacramento Superior Court case number 25CV019484. Because Respodent is a party to the civil action, upon his request for a

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24PR000359: IN RE: GUIN FAMILY TRUST 06/03/2026 Hearing on Motion - Other Motion to Stay Probate in Department 126

stay, abatement is mandatory until the conclusion of the civil action under Probate Code section 854.

The Court notes Respondent filed a notice of non-opposition on May 21, 2026. Oppositions were due May 20, 2026. (Code Civ. Proc., § 1005(b).) The Court construes Plaintiff’s failure to oppose the motion as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].)

The motion to stay is granted. Again, Respondent is directed to contact counsel for opposing party forthwith and advise counsel of Local Rule 1.06 and the Court’s tentative ruling procedure. If Respondent is unable to contact counsel for opposing party prior to the hearing, Respondent shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B).

This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.