1 Any Attorney or Party

Any Street
2 Any Town, CA 55555
3
714-555-5555
4
Any Attorney or Party
5

8 Superior Court of the State of California

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For the County of _________________

10

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. )
)
18 )
Any Respondent. )
19 )
Respondent. )
20 )
)
21 )

22
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
3
not have originals or copies of the documents requested, and she claims that she has presented to
4
petitioner and filed with the court a proper accounting.
5

6
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
16
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
18

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

21
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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6
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