In re Estate of Bennett

In In re Estate of Bennett (2008) 163 Cal.App.4th 1303, certain family members of the decedent filed a motion to set aside a settlement agreement. (Bennett, supra, 163 Cal.App.4th at p. 1307.) The motion was opposed. (Id. at pp. 1305, 1307.) Although both sides submitted declarations supporting their positions, the opponents argued the factual issues required a "trial or evidentiary hearing on the merits." (Id. at p. 1307.) The trial court took the matter under submission without hearing oral testimony and ultimately ruled in the family's favor. (Id. at p. 1308.) The Court of Appeal held this was reversible error. (Id. at pp. 1309-1310.)