On July 27, 2016 a
Order
was filed
involving a dispute between
Garcia, Jospeh R.,
and
for Trust
in the District Court of San Mateo County.
Preview
1 Alexander M. Biddle (SBN 299281) CD
CV
BIDDLE LAW QJ
1900 S. Norfolk St., Ste. 350 CO
lA
tD
CD
ID
San Mateo, California 94403 CD Cl
3 D
I CI
4
Tel:
Fax:
(650)
(408)
532-3470
819-9447
CIO 0)tfte5u Iigr Cw ri 'R o~
CC
I
m 0- m
4Q
Q
alex@biddle-law.corn WPIPV CLERK
5
Attorney for Petitioner
JOSEPH R. GARCIA, as Settlor-Co Trustee
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
10
In re the matter of: ) Case No. 16PRO00153
11 )
12 GARCIA FAMILYTRUST dated July 12,
) O'ER COXFIRMIWC OOI,ORES S.
1989.
GARCIA'S FAILURE TO QUAI IFY
FOR OFFICE OF TRUSTEE AND
13 REMOVALTHEREFROM (PROB.
) Com y17200); ANn OmER
CONFIRMING TRUST ASSETS
15
)
)
(PROB, CODE g 17200.1; 850(a)(3))
)
16
Date: September 7, 2016
) Time: 9:00 a.m.
17 ) Dept: 28
18
19
The petition of JOSEPH R. GARCIA, as presently acting o-
Co-Trustee of the GARCIA
20 FAMILY TRUST, for an order of this Court: i
(i) irming
confirming
con disqualification
i of Co-Trustee
DOLORES J. GARCIA from Office of Trustee and removal
remova therefrom;
ere and (ii)confirming
Trust
rus assets
asse under California Probate Code 17200. an 0()(
a ),
'ud
$$
23 on September 7, 2016, in Department', '28 thee Honorable George A.. Miram, ge p residing.
24 Alexander M. Biddle, Esq. appeared on behalf of Petitioner.
25 The Court finds that all notices have been 'n
given as re uired
require by law and that the
allegations contained in the Petition are true;
27
28
ARCIA'S FAILURE TO QUALIFY FOR OFFICE OF TRUSTEE,
ROM ( PROB. CODE $ 17200), AND ORDER CONF RMING TRUST ASS ETS
I
That Petitioner is the named and sole acting Trustee of the GARCIA FAMILYTRUST
following the failure to qualify for Office of the Trustee by DOLORES J. GARCIA;
That the property described in Schedule A attached to the GARCIA FAMILYTRUST,
signed by JOSEPH R. GARCIA and DOLORES J. GARCIA as Settlors and as initial Co-
Trustees, including the Wells Fargo Checking account, No. 525213385 of JOSEPH R.
GARCIA and DOLORES J. GARCIA, is held in trust under the terms of the GARCIA
FAMILYTRUST;
That good cause appearing, grants the petition as follows:
10 IT IS HEREBY ORDERED that:
1. The GARCIA FAMILYTRUST dated July 12, 1989, is valid;
12 2. DOLORES J. GARCIA fails to qualify for the Office of the Trustee of the GARCIA
13 FAMILYTRUST and is removed therefrom;
14 3. JOSEPH R. GARCIA is the sole, duly acting Trustee under the terms of the GARCIA
15 FAMILYTRUST, and so acts in that capacity;
16 4. The following assets are trust assets subject to the management and control JOSEPH R.
17 GARCIA, as sole acting Trustee of the GARCIA FAMILYTRUST dated July 12, 1989:
~ Wells Fargo Checking Account No. 0525-213385
19
~ That certain real property commonly known as 1862 Bahia St., San Mateo, CA
20
94403; APN: 040-403-450; and legally described as follows: "Lot 16, Block 4,
21
Los Prados Segundos, RSM 5, I/28 29 City of San Mateo
22
23
24
25
SEP 07 2036
26
Hon. Ggpfge A. Miram
27 Judge of the Superior Court
ORDER CONFIRMING DOLORES J. GARCIA'S FAILURE TO QUALIFY FOR OFFICE OF TRUSTEE,
AND REMOVAL TI-IEREFROM (PROB. CODE $ I 7200),AND ORDER CONFIRMING TRUST ASSETS
(PROB. CODE $$ 17200.1; 850(a)(3))
2
Document Filed Date
September 07, 2016
Case Filing Date
July 27, 2016
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1 Alexander M. Biddle (SBN 299281) CD CV BIDDLE LAW QJ 1900 S. Norfolk St., Ste. 350 CO lA tD CD ID San Mateo, California 94403 CD Cl 3 D I CI 4 Tel: Fax: (650) (408) 532-3470 819-9447 CIO 0)tfte5u Iigr Cw ri 'R o~ CC I m 0- m 4Q Q alex@biddle-law.corn WPIPV CLERK 5 Attorney for Petitioner JOSEPH R. GARCIA, as Settlor-Co Trustee SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO 10 In re the matter of: ) Case No. 16PRO00153 11 ) 12 GARCIA FAMILYTRUST dated July 12, ) O'ER COXFIRMIWC OOI,ORES S. 1989. GARCIA'S FAILURE TO QUAI IFY FOR OFFICE OF TRUSTEE AND 13 REMOVALTHEREFROM (PROB. ) Com y17200); ANn OmER CONFIRMING TRUST ASSETS 15 ) ) (PROB, CODE g 17200.1; 850(a)(3)) ) 16 Date: September 7, 2016 ) Time: 9:00 a.m. 17 ) Dept: 28 18 19 The petition of JOSEPH R. GARCIA, as presently acting o- Co-Trustee of the GARCIA 20 FAMILY TRUST, for an order of this Court: i (i) irming confirming con disqualification i of Co-Trustee DOLORES J. GARCIA from Office of Trustee and removal remova therefrom; ere and (ii)confirming Trust rus assets asse under California Probate Code 17200. an 0()( a ), 'ud $$ 23 on September 7, 2016, in Department', '28 thee Honorable George A.. Miram, ge p residing. 24 Alexander M. Biddle, Esq. appeared on behalf of Petitioner. 25 The Court finds that all notices have been 'n given as re uired require by law and that the allegations contained in the Petition are true; 27 28 ARCIA'S FAILURE TO QUALIFY FOR OFFICE OF TRUSTEE, ROM ( PROB. CODE $ 17200), AND ORDER CONF RMING TRUST ASS ETS I That Petitioner is the named and sole acting Trustee of the GARCIA FAMILYTRUST following the failure to qualify for Office of the Trustee by DOLORES J. GARCIA; That the property described in Schedule A attached to the GARCIA FAMILYTRUST, signed by JOSEPH R. GARCIA and DOLORES J. GARCIA as Settlors and as initial Co- Trustees, including the Wells Fargo Checking account, No. 525213385 of JOSEPH R. GARCIA and DOLORES J. GARCIA, is held in trust under the terms of the GARCIA FAMILYTRUST; That good cause appearing, grants the petition as follows: 10 IT IS HEREBY ORDERED that: 1. The GARCIA FAMILYTRUST dated July 12, 1989, is valid; 12 2. DOLORES J. GARCIA fails to qualify for the Office of the Trustee of the GARCIA 13 FAMILYTRUST and is removed therefrom; 14 3. JOSEPH R. GARCIA is the sole, duly acting Trustee under the terms of the GARCIA 15 FAMILYTRUST, and so acts in that capacity; 16 4. The following assets are trust assets subject to the management and control JOSEPH R. 17 GARCIA, as sole acting Trustee of the GARCIA FAMILYTRUST dated July 12, 1989: ~ Wells Fargo Checking Account No. 0525-213385 19 ~ That certain real property commonly known as 1862 Bahia St., San Mateo, CA 20 94403; APN: 040-403-450; and legally described as follows: "Lot 16, Block 4, 21 Los Prados Segundos, RSM 5, I/28 29 City of San Mateo 22 23 24 25 SEP 07 2036 26 Hon. Ggpfge A. Miram 27 Judge of the Superior Court ORDER CONFIRMING DOLORES J. GARCIA'S FAILURE TO QUALIFY FOR OFFICE OF TRUSTEE, AND REMOVAL TI-IEREFROM (PROB. CODE $ I 7200),AND ORDER CONFIRMING TRUST ASSETS (PROB. CODE $$ 17200.1; 850(a)(3)) 2