1 Attorney/Bar Number: 2 Address: 3 City: Phone: Fax: 4 5 6 7 8 In the matter of 9 10 11 12 13 14 15 16 17 18 SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO ) No. ) ) AGREEMENT TO SUBMIT DISPUTE TO ) A TEMPORARY JUDGE AND ORDER ) THEREON ) “Party 1” and “Party 2” agree as follows: 1. There is a dispute between “Party 1” and “Party 2” relating to the _______________________________________________________________________ ______________________________________________________________________. (the “Petition”) filed by “Party ___” and now set for hearing on (date) _____________________ in Department ______ of this Court at ___________ a.m. 2. The dispute involves the following issues (“Issues”): (Describe issues: e.g.) a. _____________________________________________________________ The correctness of the First Account Current 19 _____________________________________________________________ 20 including receipts and disbursements reflected therein: 21 b. 22 23 _____________________________________________________________ The correctness of values in the inventories filed in these proceedings c. _____________________________________________________________ Surcharge against Personal Representative and/or counsel for Personal Representative for losses 24 _____________________________________________________________ 25 to the Estate by reason of alleged failure of the Personal Representative and/or his counsel 26 _____________________________________________________________ to exercise ordinary care and diligence in managing and controlling the estate. 27 28 d. _____________________________________________________________ Proper computation of statutory fees and commissions COUNTY OF FRESNO Fresno, CA Effective July 1, 2007 American LegalNet, Inc. www.FormsWorkflow.com FRESNO COUNTY SUPERIOR COURT (If additional space needed, please attach Exhibit A.) 1 2 3 4 5 6 7 8 9 10 11 3. “Party 1” and “Party 2” have agreed to resolve the Issues by referring the dispute to a temporary judge, for summary determination pursuant to Probate Code section 9620(a) [or section 2405(a)]; 4. The parties acknowledge that they have received a copy of the Fresno County Probate Policy relating to the Probate Code section 9620(a) [or section 2405(a)] procedure and its exhibits and have read it and agree to be bound by all terms of the Policy and its exhibits; 5. The parties hereto agree that the temporary judge shall proceed promptly to hear and determine the Issues in controversy by summary procedure, without further pleadings or discovery. The decision of the temporary judge shall be subject to section 632 of the Code of Civil Procedure. Judgment shall be entered on the decision of the temporary judge, and shall be as valid and effective as if rendered by a judge of this Court in an action between the parties. 12 13 DATED: _________________ ____________________________________ “Party 1” DATED: _________________ ____________________________________ “Party 2” 14 15 16 17 ORDER REFERRING DISPUTE FOR SUMMARY DETERMINATION PER AGREEMENT 18 19 20 21 22 23 24 25 26 27 IT IS HEREBY ORDERED that, pursuant to the agreement of “Party 1” and “Party 2,” the issues set forth in said agreement are hereby referred to _________________________________, as temporary judge for summary determination pursuant to Probate Code section 9620(a) [or section 2405(a)], and the Fresno County Probate Policy for Short-Cause Contested Probate Matters. DATED: _________________ ____________________________________ Judge of the Superior Court Appendix E1 (Rev 7-1-99) 28 COUNTY OF FRESNO Fresno, CA American LegalNet, Inc. www.FormsWorkflow.com