Legal Document: Estate of: Castro, Juan

On November 06, 2023 a Petition for Spousal Domestic Partnership Property - Petition - Spousal or Domestic Partnership Property -PR13650 was filed involving a dispute between Castro, Janet, and for Spousal/Domestic Partner Property (PR13650) in the District Court of Butte County.

Preview
DE-221
ATTORNEY OR PARTY WITHOUT A'I'I'ORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Jason A. Fetchik (State Bar # 227832)
_DRISKELL, GORDON & FETCHIK LLP Swen" Count LII CHIHUIIili.

Eumrm
I:
180 N. Glendora Avenue, Suite 201 Cmnl'y DfEurte
Glendora, CA 91741 |

11/6/2023
TELEPHONE No:
(626) 914-7809 FAX NO- (OptionaI)-'
(626) 335-7091 L
E-MAJL ADDRESS (Optional).-
jfetchjk@dgflaw_com E
ArrORNEY FOR (Name)4- Janet Castro, petitioner
SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F BUTTE D Shani. Email
STREETADDRESS: 1775 Concord Ave. Dy 5!
MAILING ADDRESS; FILE
CITY AND ZIP CODE: Chico 95928
BRANCH NAME: Civil/Probate Division
ESTATE 0F (Name).- CASE NUMBER:
Juan Castro 23PR00560
DECEDENT HEARING DATE:

X
Dec 1C1; 2025
SPOUSAL DOMESTIC PARTNER PROPERTY PETITION DEPT: TIME:
' 'Izoo am
1. Petitioner (name): requests
a. X determination of property passing to the surviving spouse or surviving registered domestic partner without administration
(Fam. Code, § 297.5, Prob. Code. § 13500).
b. X conﬁrmation of property belonging to the surviving spouse or surviving registered domestic partner (Fam. Code, § 297.5,
Prob. Code, §§ 100, 101).
c. immediate appointment of a probate referee.
2. Petitioner is
a. surviving spouse of the decedent.
b personal representative of (name): ,
surviving spouse.
C guardian or conservator of the estate of (name): ,
surviving spouse.
d surviving registered domestic partner of the decedent.
e personal representative of (name).' , surviving registered domestic partner.
. conservator of the estate of (name): , surviving registered domestic partner.
3. D e cedentdied on (date): April 25, 2022
4. Decedent was
a. X a resident of the California county named above.
b. a nonresident of California and left an estate in the county named above.
c. intestate testate and a copy of the will and any codicil is afﬁxed as Attachment 4c.
(Attach copies of will and any codicil, a typewritten copy of any handwritten document, and an
English translation of any foreign-language document.)
5. a. (Complete in all cases) The decedent is survived by
(1) no child. X child asfollows: X natural oradopted natural, adopted byathird party.
(2) X no issue of a predeceased child. issue of a predeceased child.
b. Decedent is X is not survived by a Stepchild or foster child or children who would have been adopted by
decedent but for a legal barrier. (See Prob. Code, § 6454.)
(Complete only if no issue survived the decedent. Check only the first box that applies.)
a.
b.
EThe decedent is survived by a parent or parents who are listed in item 9.
The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9.
7 Administration of all or part of the estate is not necessary for the reason that all or a part of the estate is property passing to the
surviving spouse or surviving registered domestic partner. The facts upon which petitioner bases the allegation that the property
described in Attachments 7a and 7b is property that should pass or be conﬁrmed to the surviving spouse or surviving registered
domestic partner are stated in Attachment 7.
a. Attachment 7a1 contains the legal description (if real property add Assessor's Parcel Number) of the deceased spouse's
or registered domestic partner's property that petitioner requests to be determined as having passed to the surviving
spouse or partner from the deceased spouse or partner. This includes any interest in a trade or business name of any
unincorporated business or an interest in any unincorporated business that the deceased spouse or partner was
operating or managing at the time of death, subject to any written agreement between the deceased spouse or partner
and the surviving spouse or partner providing for a non pro rata division of the aggregate value of the community property
assets or quasi-community assets, or both.
1
See Prob. Code, § 13658 for required ﬁling of a list of known creditors of a business and other information in certain instances. If required, include in Attachment 7a.

Page 1 of 2

Jitﬂtar'tzdé't'n'iﬁL?E"2ﬁ%'iﬁ§§"6§231 SPOUSAL 0R DOMESTIC PARTNER PROPERTY PETITION pi§$1Z823§:§i§és%
[Rev- January 1v 2°14]
(P robateDecedents Estates)
LexisNexis® Automated California Judicial Council F arms
ESTATE OF (Name): CASE NUMBER:
Juan Castro
DECEDENT
7. b. Attachment 7b contains the legal description (if real property add Assessor's Parcel Number) of the community or quasi-
community property petitioner requests to be determined as having belonged under Probate Code sections 100 and 101
and Family Code section 297.5 to the surviving spouse or surviving registered domestic partner upon the deceased
spouse's or partner's death, subject to any written agreement between the deceased spouse or partner and the surviving
spouse or partner providing for a non pro rata division of the aggregate value of the community property assets or
quasicommunity assets, or both.
8. There [:3 exists X does not exist awritten agreement between the deceased spouse or deceased registered
domestic partner and the surviving spouse or surviving registered domestic partner providing for a non pro rata division of the
aggregate value of the community property assets or quasicommunity assets, or both. (If petitioner bases the description of the
property of the deceased spouse or partner passing to the surviving spouse or partner or the property to be conﬁrmed to the
surviving spouse or partner, or both, on a written agreement, a copy of the agreement must be attached to this petition as
Attachment 8.)
9, The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner
of all persons named In decedent's will and codicils, whether living or deceased, and (2) all persons checked In items 5 and 6
X(1) are listed below E
are listed rn Attachment9.
N_a_me and relationship Age Residence or mailing address
Janet Castro (Spouse) Adult CA 95403
3585 Round Barn Blvd, Apt 236, Santa Rosa,
John C. Castro (child) Adult 1075 Double LL Ranch Rd, Encinitas, CA 92024
Helen E. Cortopassi (child) Adult 518 Piccodilly Place, Windsor, CA 95492

10. The names and addresses of all persons named as executors in the decedent's will and any codicil or appointed as personal
representatives of the decedent's estate [j are listed below are listed In Attachment 10- - none

11. [j The petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons
interested in the trust who are entitled to notice under Probate Code section 13655(a)(2) are listed in Attachment 11.

a.
b.
E
12. A petition for probate or for administration of the decedent's estate

[j
is being filed with this petition.
was filed on (date):
C. has not been filed and is not being filed with this petition.
13. Number of pages attached: 2

Date:
///é/3'3

Jason A. F etchik P
(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY)
declare un er penalty of perjury under the laws of the State of California that th
yoregoing true and correct.
I is

Date://// j?
Janet Castro
(TYPE OR PRINT NAME)
P 4/:4tw€/// (SIGNATURE OF PETITIONER)

DE-221 [Rev. January 1, 2014] Page 2 of 2
SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION
(ProbateDecedents Estates)

LexisNexis® Automated California Judicial Council Forms
Attachment 7

Petitioner, Janet Castro, declares:

I am the surviving spouse of Decedent, Juan Castro, and the petitioner herein. Juan was a

Victim of the Camp Fire in 2018, and was part of a class of plaintiffs who sought damages from

Paciﬁc Gas & Electric (PG&E). A settlement was reached whereby Juan shall receive settlement

proceeds. Unfortunately, Juan has since passed away.

Juan and I were married on March 22, 1997, and remained married until his death.

Juan and I had two children together. He had no other children.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

DATED: //9
»
977'" at "3» {La/Avatyi'zw (Peg/"t7

J Castro
alget

Attachment 7
Attachment 7a and 7 b

Funds from a confidential settlement reached in litigation against Pacific Gas & Electric
concerning the 2018 Camp Fire, proceeds of which were community property.

Attachment 7a and 7b
Points and Authorities

California Family Code section 2603(a) reads:

(a) "Community estate personal injury damages" as used in this
section means all money or other property received or to be
received by a person in satisfaction of a judgment for damages for
the person's personal injuries or pursuant to an agreement for the
settlement or compromise of a claim for the damages, if the cause
of action for the damages arose during the marriage but is not
separate property as described in Section 781, unless the money or
other property has been commingled with other assets of the
community estate.

As established by Family Code section 2603(a), the settlement proceeds at issue in this

matter are community property. Decedent died intestate. As such, the proceeds pass to the

surviving spouse. (Probate Code section 6401 (a).

Petitioner asks that the court order that the funds be distributed to Janet Castro, the

surviving spouse of Decedent.

DATED: dz é, , 2023
J Fetchik,
Att ey for Petitioner
asrgZlA.

Case Info

Judge

Mosbarger, Tamara L Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

November 06, 2023

Case Filing Date

November 06, 2023

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Document for Estate of: Castro, Juan

Preview

Related Topics

Case Info

Parties