Nature of Proceedings: Motion to Dismiss for Lack of Venue and Jurisdiction, or to Stay
Santa Barbara County Superior Court
Department 5
Judge Colleen K. Sterne

Tentative Ruling
August 25, 2011

Case: Matter of Harold and Mayla Sullwold Family Trust
Case No. 1381162

Motion: Motion to Dismiss for Lack of Venue and
Jurisdiction, or to Stay

Tentative Ruling:

The court grants respondent/trustee Wende Sullwold Prettyman’s motion to dismiss petitioner Eric Sullwold’s petition, without prejudice to renewing the action in an appropriate forum in Colorado.

Discusssion:

Petitioner Eric Sullwold filed a petition to file an accounting, suspend powers of trustee, appoint a temporary trustee, remove trustee and for surcharge. On April 23, 1986, Harold and Mayla Sullwood formed a family trust. On April 20, 2006, they executed a Restatement of Declaration of Trust. Mayla died on September 26, 2006 and Harold died on June 27, 2009. Respondent Wende Sullwold Prettyman i