Nature of Proceedings: Petition: to Enforce Money Judgment Against Trust Beneficiary The petition is expressly authorized by Code of Civil Procedure section 709.010, as a petition by a judgment creditor to levy against a trust interest. However, the procedural mechanism for the petition is Probate Code section 17200, which provides for a petition to “[a]scertain[ ] beneficiaries and determin[e] to whom property shall pass” (Prob.Code, § 17200, subd. (b)(4)) or to “[c]ompel[ ] the trustee to report information about the trust or account to the beneficiary” (Prob.Code, § 17200, subd. (b)(7).) A petition under Probate Code section 17200 must “state . . . the names and addresses of each person entitled to notice of the petition.” Pursuant to Probate Code section 17203, all trustees and beneficiaries are entitled to notice. Here, the petition does not state the names and addresses of all these entitled to notice. Pursuant to the record, it appears that notice was given to all named trustees
Hearing Date
April 27, 2021
Department
Judge James F. RigaliDepartment 2 SM-Cook312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369
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Nature of Proceedings: Petition: to Enforce Money Judgment Against Trust Beneficiary The petition is expressly authorized by Code of Civil Procedure section 709.010, as a petition by a judgment creditor to levy against a trust interest. However, the procedural mechanism for the petition is Probate Code section 17200, which provides for a petition to “[a]scertain[ ] beneficiaries and determin[e] to whom property shall pass” (Prob.Code, § 17200, subd. (b)(4)) or to “[c]ompel[ ] the trustee to report information about the trust or account to the beneficiary” (Prob.Code, § 17200, subd. (b)(7).) A petition under Probate Code section 17200 must “state . . . the names and addresses of each person entitled to notice of the petition.” Pursuant to Probate Code section 17203, all trustees and beneficiaries are entitled to notice. Here, the petition does not state the names and addresses of all these entitled to notice. Pursuant to the record, it appears that notice was given to all named trustees