On June 29, 2020 a
Complaint,Petition
was filed
involving a dispute between
Richert, Shirley R.,
and
for Trust-Probate
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Metropolitan Division
1215 Truxtun Avenue, Bakersfield, CA 93301
DATE: January 29, 2021 Time: 8:00 AM - 5:00 PM
BPB-20-002505
IN THE MATTER OF:
K. COLVIN & S. ARNOLD REVOCABLE TRUST
COURTROOM STAFF
Honorable: Andrew Kendall Clerk: Robin L. McDonald
Court Reporter: None Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
Present:
RICHERT, SHIRLEY R. Petitioner, Not Present VAN SCIVER, KURT D Attorney, Present
AKA RICHERT, TEDDY
Not Present:
COLVIN, KERRY Objector YOUNG, MICHAEL R Attorney
ARNOLD, SHIRLEY Settlor
COLVIN, KERRY Settlor
Appearance via video conference by Zoom by Kurt Van Sciver.
Appearance telephonically by CourtCall by Brandon Holladay on behalf of Kerry Colvin.
NATURE OF PROCEEDINGS: PETITION FOR (1) BREACH OF FIDUCIARY DUTY; (2) REMOVAL OF TRUSTEE; (3)
ACCOUNTING AND (4) IMPOSITION OF CONSTRUCTIVE TRUST.
Hearing Start Time: 9:09 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Parties/Counsel stipulate to Commissioner Andrew B. Kendall acting as Temporary Judge of the Superior Court.
Court and counsel discuss status of the case.
Counsel reports that although a valiant effort was made, there was no success of settlement.
The Court notes the attorney Brandon Holladay filed an objection on jurisdictional grounds and reply was filed by
attorney Kurt Van Sciver.
Counsel request to submit on the pleadings and the Court to issue a written ruling.
MINUTES
Page 1 of 2
K. COLVIN & S. ARNOLD REVOCABLE TRUST BPB-20-002505
The Court makes the following findings and orders:
Matter stand under submission on 01/29/2021 for decision of ruling.
The Court will consider the following items: The objection filed 12/01/2020, which asserts that this court lacks
personal jurisdiction over the trustee, the response filed 12/30/2020 and the reply filed 01/05/2021.
Audio streaming announced.
MINUTES FINALIZED BY: ROBIN MCDONALD ON: 2/3/2021
MINUTES
Page 2 of 2
K. COLVIN & S. ARNOLD REVOCABLE TRUST BPB-20-002505
Document Filed Date
January 29, 2021
Case Filing Date
June 29, 2020
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Superior Court of California County of Kern Metropolitan Division 1215 Truxtun Avenue, Bakersfield, CA 93301 DATE: January 29, 2021 Time: 8:00 AM - 5:00 PM BPB-20-002505 IN THE MATTER OF: K. COLVIN & S. ARNOLD REVOCABLE TRUST COURTROOM STAFF Honorable: Andrew Kendall Clerk: Robin L. McDonald Court Reporter: None Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: Present: RICHERT, SHIRLEY R. Petitioner, Not Present VAN SCIVER, KURT D Attorney, Present AKA RICHERT, TEDDY Not Present: COLVIN, KERRY Objector YOUNG, MICHAEL R Attorney ARNOLD, SHIRLEY Settlor COLVIN, KERRY Settlor Appearance via video conference by Zoom by Kurt Van Sciver. Appearance telephonically by CourtCall by Brandon Holladay on behalf of Kerry Colvin. NATURE OF PROCEEDINGS: PETITION FOR (1) BREACH OF FIDUCIARY DUTY; (2) REMOVAL OF TRUSTEE; (3) ACCOUNTING AND (4) IMPOSITION OF CONSTRUCTIVE TRUST. Hearing Start Time: 9:09 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Parties/Counsel stipulate to Commissioner Andrew B. Kendall acting as Temporary Judge of the Superior Court. Court and counsel discuss status of the case. Counsel reports that although a valiant effort was made, there was no success of settlement. The Court notes the attorney Brandon Holladay filed an objection on jurisdictional grounds and reply was filed by attorney Kurt Van Sciver. Counsel request to submit on the pleadings and the Court to issue a written ruling. MINUTES Page 1 of 2 K. COLVIN & S. ARNOLD REVOCABLE TRUST BPB-20-002505 The Court makes the following findings and orders: Matter stand under submission on 01/29/2021 for decision of ruling. The Court will consider the following items: The objection filed 12/01/2020, which asserts that this court lacks personal jurisdiction over the trustee, the response filed 12/30/2020 and the reply filed 01/05/2021. Audio streaming announced. MINUTES FINALIZED BY: ROBIN MCDONALD ON: 2/3/2021 MINUTES Page 2 of 2 K. COLVIN & S. ARNOLD REVOCABLE TRUST BPB-20-002505