Judge: Armen Tamzarian, Case: 24STCP00535, Date: 2024-05-08 Tentative Ruling

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Case Number: 24STCP00535    Hearing Date: May 8, 2024    Dept: 52

Petitioner Estate Research Associates’ Petition to Establish Claim to Escheated Property

Petitioner Estate Research Associates petitions under Code of Civil Procedure section 1355 to establish claims to the sum of $328,569.59 in the custody of the Controller of the State of California.  Petitioner gave timely notice of this hearing to the Controller and Attorney General of the State of California as required under Code of Civil Procedure section 1355.  That section provides that upon such a petition, “[t]he court must thereupon try the issue as issues are tried in civil actions; and if it is determined that such person is entitled to the money or other property or the proceeds thereof, it must order the property, if it has not been sold, to be delivered to him.”  (Ibid.)

Petitioner meets its burden of showing the 17 claimants identified in the petition are entitled to certain shares of the subject property pursuant to Probate Code section 6402(d).  The money originates from the estate of Phillip Oedekoven, who died intestate.  Petitioner presents evidence each claimant is an heir of the decedent.  (Claimants’ Decls.; Petition, Ex. C.)   Petitioner further shows each claimant assigned 30% of his or her interest in the property to petitioner.  (Petition, ¶ 8.)

            The petition is granted.  The court will sign the proposed order petitioner submitted on April 2, 2024.