Removal of Trustee Questions. Once a petition is filed in Los Angeles County what is the first step after filing in the procedure, and how long before that step occurs after filing, and then how long for the whole process to final judgment? Are the deposition's recorded, are they public record, and who can attend the deposition?
2 Answers from Attorneys
It depends on the facts and circumstances of your particular case. Normally it takes 4-6 weeks to get the first hearing date and if the Petition is opposed it may take 12 months to bring the matter to a trial. There are situation where it may be appropriate to suspend a Trustee, but that requires a separate Petition and could be heard on an expedited basis.
You have a lot of questions. I'll try to answer them. When a petition for removal of a trustee has been filed, the court should have set an initial hearing. You have to have the petition and any other documents in the case served on the trustee you are trying to remove. Beneficiaries of the trust also have to be given notice, and may request special notice.
Depositions are a form of discovery. They are recorded by a stenographer, and if properly noticed, may also be videotaped. They are not necessarily public record, but the parties to the case will usually order/ obtain copies. Any party to the case, and their attorney can attend a deposition.