In Estate of Bennett (2008) 163 Cal.App.4th 1303, certain family members of the decedent filed a section 11604 motion to set aside and rescind a settlement agreement and assignment of their interest in the estate. (Bennett, supra, 163 Cal.App.4th at p. 1307.) Corporate claimants (Smith) opposed the motion. (Id. at pp. 1305, 1307.) While both sides submitted declarations supporting their positions, Smith argued in its written opposition papers that the factual issues required a "'trial or evidentiary hearing on the merits.'" (Id. at p. 1307.) At the hearing, Smith reiterated the need for an "'evidentiary hearing,'" but the court took the matter under submission without the benefit of oral testimony and ultimately ruled in the family's favor. (Id. at p. 1308.) The appellate court concluded that the probate court erred in its refusal to "conduct an evidentiary hearing." (Ibid.)