Nature of Proceedings: Petition For Determination of Distribution
Appearances required. It is recommended the ‘Amended Petition’ be stricken as it violates the Court’s order of January 14, 2020, which allowed Petitioner “a one page supplemental brief.” Not only does the pleading violate CRC, Rule 3.1324 by not first filing a motion to amend, and submitting a proposed amendment, it also is not “serially numbered to differentiate it from previous pleadings.”
If the amendment is allowed, the court should at least strike all allegations that could be construed as contesting the will. As the Court previously held, the will can no longer be contested due to operation of Probate Code section 8270. Therefore, any argument that the will was procured by undue influence, fraud, etc. (including elder abuse) should be stricken from any operative pleading.
If the Court proceeds, it may only proceed jurisdictionally on a petition to determine entitlement to distribution pursuant to Probate Code se
Hearing Date
February 04, 2020
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Nature of Proceedings: Petition For Determination of Distribution
Appearances required. It is recommended the ‘Amended Petition’ be stricken as it violates the Court’s order of January 14, 2020, which allowed Petitioner “a one page supplemental brief.” Not only does the pleading violate CRC, Rule 3.1324 by not first filing a motion to amend, and submitting a proposed amendment, it also is not “serially numbered to differentiate it from previous pleadings.”
If the amendment is allowed, the court should at least strike all allegations that could be construed as contesting the will. As the Court previously held, the will can no longer be contested due to operation of Probate Code section 8270. Therefore, any argument that the will was procured by undue influence, fraud, etc. (including elder abuse) should be stricken from any operative pleading.
If the Court proceeds, it may only proceed jurisdictionally on a petition to determine entitlement to distribution pursuant to Probate Code se