Estate of Luis Alfonso Magana

must set forth the essential facts of the plaintiff's case with reasonable precision and with particularity sufficient to acquaint the defendant with the nature, source, and extent of the plaintiff's claim."].) In this case, the "Status Report" that contained a vague motion does not satisfy any of the pleading or motion requirements in the Probate Code, CCP, or CRC.

The filing does not cite to ANY authority (statute or case), does not clearly request affirmative relief, does not contain a prayer for relief, and appears to be attempting to cut off a known heir from Final Distribution of the proceeds of the estate, when no Petition for Final Distribution is before the Court for adjudication, all because the heir will not agree to be cut off or "settle" any potentially adverse claims. Judging from the language in Probate Code section 11604, no assignment by the heir would pass muster anyway, under the facts currently before the court.

Thus, any vague request for affirmative relief should be denied, and the Court should, at minimum, require a statutorily compliant Report of Status of Administration in order to determine whether to continue to allow the current personal representative to administer the estate. [1] Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury. (Pen. Code, Sec.118(a).)

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 161 956 1423 Passcode: 137305

Tentative Ruling: Estate of Luis Alfonso Magana Tentative Ruling: Estate of Luis Alfonso Magana Case Number

Case Type Decedent's Estate Hearing Date / Time Wed, 02/11/2026 - 09:30 Nature of Proceedings 1. Review, 2. Final Distribution Tentative Ruling Probate Notes: Probate notes will be updated on a rolling basis, generally five days before the hearing. If no probate notes are posted two days prior to the hearing, appearance is required. (Local Rule 1721(b).)

Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 161 956 1423 Passcode: 137305