Weil v. The Superior Court of Fresno County

DispositionDescription: Petition summarily denied by order; Disposition Type: Final

DocketDescription: Case complete.

DocketDescription: Order denying petition filed.; Notes: The "Petition for Writ of Mandate or Other Appropriate Relief," filed on May 24, 2021, is denied without prejudice. "[A] remainder beneficiary has standing under Probate Code section 17200, subdivision (b)(7) to petition the probate court for an order compelling a trustee to account." (Esslinger v. Cummins (2006) 144 Cal.App.4th 517, 520.) "[I]nformation or a particular account under [Probate Code] section 16061, sought by petition under [Probate Code] section 17200, subdivision (b)(7), lies within the probate court's discretion." (Id. at p. 526.) Petitioner has not shown the probate court abused its discretion in deferring ruling on the petition to compel accounting until trial. Should the probate court deny the petition to compel accounting at trial, petitioner may again seek writ relief from the ruling with this court. Levy, A.P.J. * Before Levy, A.P.J., Franson, J. and DeSantos, J.

DocketDescription: Opposition filed.; Notes: RPI's Preliminary Opposition to Petition for Writ of Mandate and Other Appropriate Relief submitted by Atty Chielpegian filed 6/1/21.

DocketDescription: Filed proof of service.

DocketDescription: Exhibits filed in support of:; Notes: One Volume 323 pgs.

DocketDescription: Filed petition for writ of:; Notes: Mandate by atty Amanda G Hebesha/Derenny Z. Weil re: order denying petition for accounting

DocketDescription: Filed document entitled:; Notes: Writ info sheet

DocketDescription: Filing fee.; Notes: $775 by petitioner via True Filing Order ID 141184772892