Sample Joint Pre-Trial Statement For California
Uploaded by
Stan BurmanSample Joint Pre-Trial Statement For California
Uploaded by
Stan Burman1 Any Attorney or Party
Any Street
2 Any Town, CA 55555
3
714-555-5555
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Any Attorney or Party
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8 Superior Court of the State of California
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For the County of _________________
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11 In re the _______ Trust of _____, under ) Case No.
)
12 ) JOINT PRE-TRIAL STATEMENT
Declaration of Trust dated _____________ )
13 )
_____________________________________ ) DATE:
14 ) TIME:
Any Petitioner, ) DEPT:
15 )
)
16 Petitioner, )
)
17 vs. )
)
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Any Respondent. )
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Respondent. )
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)
21 )
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The parties herein file the following pre-trial statement.
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1. Parties. This action is brought by ________________, the Petitioner, against ____________,
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25 the Respondent, who is the trustee of the _________________, under Declaration of Trust dated
26 ___________________.
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JOINT PRE-TRIAL STATEMENT
1 2. Substance of the Action. Petitioner has brought a petition to compel a trust accounting and
2 other information pursuant to Probate Code 16061.5 and 16061.7. Respondent claims she does
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not have originals or copies of the documents requested, and she claims that she has presented to
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petitioner and filed with the court a proper accounting.
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3. Undisputed Facts. The _________ Trust was established in _____. ________ died in ____.
7 At her death, _________ became the successor trustee of her trust. ___________ states that she has
8 made a complete distribution of the assets of the trust in conformity with the Trusts provisions, and
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that she has filed with the court and presented to Petitioner a full and proper accounting of her actions
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as trustee.
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4. Disputed Factual Issues. Petitioner contends that Respondent has not filed a proper
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13 accounting with the court, and that she has not provided petitioner with copies of the pertinent estate
14 planning documents that constituted the ___________ Trust. Moreover, on _________, petitioner
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filed a demand for documents under Probate Code 10901, seeking the documents that supported the
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accounting filed by respondent, but those documents have not been produced. Respondent contends
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that she has in fact filed a proper accounting with the court, and has provided petitioner with copies
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19 of all documents requested by petitioner that were in her possession, custody and control.
20 5. Relief Prayed. Petitioner seeks a proper accounting, appropriate surcharges of respondent in
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areas where she cannot support her accounting, and attorneys fees under 16091.9.
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Respondent contends that as she has provided an accounting any surcharge would not be appropriate,
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nor would any award of attorneys fees.
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25 6. Points of Law. Petitioner bases her claims on Probate Code 16061.5, and 16061.7, her
26 claim for attorneys fees under 16061.9. and 11003(b)
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JOINT PRE-TRIAL STATEMENT
1 7. Previous Motions. There have been no motions, as such, made in this action. However, in
2 ____________ petitioner filed a hearing memorandum in support of her petition herein.
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8. Witnesses to be Called. Petitioner and respondent will testify. The custodian of records for
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______________has been placed under subpoena and may or may not testify.
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9. Stipulations. No stipulations have been requested or proposed for trial purposes.
7 10. Amendments, Dismissals. There are no proposed amendments to pleadings or dismissals of
8 parties, claims or defenses.
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11. Settlement Discussion. There have been no meaningful settlement negotiations in this
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matter.
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12. Agreed Statement or Partial Stipulation of Facts. The parties do not believe that the
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13 presentation of the action upon an agreed statement of facts is feasible or desirable.
14 13. Bifurcation, Separate Trials of Issues. Bifurcation or separate trial of specific issues seems
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neither feasible nor desirable.
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14. Appointment and Limitation of Experts. The parties do not believe that expert witnesses
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are appropriate in this matter.
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19 15. Claim of Privilege or Work Product. There are no claims of privilege or work product in
20 this matter.
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Dated: _______________
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ANY LAW FIRM
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BY:____________________________ ________________________
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____________________________ _____________
25 Attorneys for Petitioner, In Propria Persona
____________________
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JOINT PRE-TRIAL STATEMENT
