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Home » Online Services » Tentative Rulings » Probate Tentative Rulings
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TENTATIVE RULINGS
Probate Calendar
Courtroom 18 - Judge Nancy Case Shaffer
TENTATIVE RULINGS
Probate Calendar
6/5/13 8:30 a.m.
Courtroom 18 – Judge Nancy Case Shaffer
If the tentative ruling is accepted, no appearance is necessary unless otherwise indicated. You must notify the probate clerk at (707) 521-6893 if you wish to be heard in response to the tentative ruling. Any interested party who wishes to be heard in opposition to a petition must notify all other parties of the intent to appear. Both notifications must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing.
Unless notification to the probate clerk has been given as provided above, the tentative rulings shall become the rulings of the court at 8:45 a.m. on the day of the hearing.
In accordance with CRC Rule 3.670, Court Call is now available for telephone appearances on the Probate Calendar, except for hearings on petitions to confirm the sale of property and other matters in which the court determines that a personal appearance would materially assist in the determination of proceedings or in the effective management or resolution of the particular case.
NOTE: There are no probate calendars on June 12, June 19, or July 3. No further trust or decedent’s estates matters will be scheduled for hearing on July 24.
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1. KALLER, J
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EST OF JAMES THOMAS SWEENEY
SPR-85612
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LTRS OF ADMIN
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TENTATIVE RULING: Approved.
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2. ZATMAN, M
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EST OF DAVID THOMAS MAGNER
SPR-83168
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WAIVER OF ACCT & RPT, FINAL DIST, FEES
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TENTATIVE RULING: Approved.
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3. O’DONNELL, D
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EST OF DAVID KENNETH MARSHALL
SPR-84107
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ACCT & RPT, FINAL DIST, FEES
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TENTATIVE RULING: Approved.
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4. PASSALACQUA, T
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EST OF CATHERINE CRAFT
SPR-84463
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WAIVER OF ACCT & RPT, FINAL DIST, FEES
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TENTATIVE RULING: Approved.
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5. MICHAELSEN, S
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EST OF JOSEPH GRANT GRAY
SPR-84643
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ACCT & RPT, FINAL DIST, FEES
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TENTATIVE RULING: Approved.
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6. SRL
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EST OF THELMA M RELYEA
SPR-85010
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WAIVER OF ACCT & RPT, FINAL DIST, FEES
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TENTATIVE RULING: Approved.
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7. WIGDAHL, L
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EST OF GILBERT DAVID AYRON
SPR-85145
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ACCT & RPT, FINAL DIST, FEES
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TENTATIVE RULING: The Court approves the account, report and petition, with the modification that the executor is authorized to withhold a reserve of $7,500 for closing expenses and liabilities. The Court has modified the amount of cash for residuary distribution stated in the order to reflect this change.
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8. SHEA, W
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EST OF CECIL KETRON
SPR-85164
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ACCT & RPT, FINAL DIST, FEES
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TENTATIVE RULING: Approved.
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9. PEARL, N
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EST OF PEARL A GALLOWAY
SPR-85409
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PTN TO DIRECT EXECUTOR TO TRFR R/P TO ENTITY ENTITLED
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TENTATIVE RULING: Approved.
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10. PEDDER, S
McDONAGH, S
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ELIZABETH C LINN 2000 TRUST
SPR-85427
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CONT FROM 4/17/13
PTN RE CONTEST OF TRUST ADMENDMENT & PTN UNDER THE ELDER ABUSE & DEPENDANT ADULT CIVIL PROTECTION ACT
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TENTATIVE RULING: Continued to August 7 at 8:30 a.m., by agreement of counsel.
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11. NORTON, T
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EST OF RICHARD CLAY
SPR-70388
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PTN FOR SETTLEMENT OF 3RD & FINAL ACCT & RPT OF TTEE FOR W/HOLDING A RESERVE; TERM OF THE TRUST
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TENTATIVE RULING: Approved.
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12. ROYCE, G
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EST OF MARIE FANUCCHI
SPR-74293
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PTN TO TERMINATE IRREV TRUST CREATED BY THE LAST WILL & TEST OF DECEDENT & RQT FOR ALLOW OF ORDIN COMP OF TTEE
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TENTATIVE RULING: Approved.
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13. HANDELMAN, A, obo co-trustee
BRICENO, F, obo beneficiary
O’BRIEN, J, obo remainder bene’s
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TRUST OF EDNA MARTINO
SPR-77511
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CONT FROM 4/24/13
REVIEW
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TENTATIVE RULING: Appearances are required at 8:30 a.m. on status of the case.
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14. SINIGIANI, C, obo trustee
HANDELMAN, A, obo objectors
HINSHAW, C, obo objectors
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TRUST OF JOHNNIE BANKS
SPR-84120
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CONT FROM 4/10/13
2nd ACCOUNT & REPORT; PETITION FOR INSTRUCTIONS; PETITION FOR APPROVAL OF PROPOSED ACTION
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TENTATIVE RULING: Appearances are required at 8:30 a.m. on status of the case.
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15. LILLIGREN, M
PURTILL, B
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TRUST OF TREFCER FAMILY
SPR-84560
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CONT FROM 2/6/13
PTN TO DETERMINE VALIDITY OF TRUST PROVISION
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TENTATIVE RULING: The petitioner has filed a dismissal, and the matter is ordered off calendar.
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16. DE MARTINI, J
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TRUST OF NORMAN WILSON & ELEANORE WILSON
SPR-84872
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CONT FROM 3/27/13
SETTLEMENT
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TENTATIVE RULING: Continued to September 4 at 8:30 a.m., by agreement of counsel.
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17. ADAMS, B
BROTHERS, M
FISHER, R
MACKAY, B
O’NEILL, S
SINIGIANI, C
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TRUST OF MARY PATRICIA ROSS
SPR-84881
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PTN FOR APPROVAL OF SETTLEMENT
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TENTATIVE RULING: Approved.
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18. GETCHELL, M
PURTILL, B
HANDELMAN, A
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TRUST OF BETTY MOREHEAD
SPR-84894
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CONT FROM 4/24/13
ACCOUNTING; PETITION FOR REMOVAL OF TRUSTEE
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TENTATIVE RULING: Continued to July 31 at 8:30 a.m., by agreement of counsel.
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19. HILLBERG, R
BURGER, R
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TRUST OF CLAIR NORMAN
SPR-84997
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CONT FROM 5/15/13
SETTLEMENT
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TENTATIVE RULING: Continued to July 10 at 8:30 a.m., by agreement of counsel.
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20. TASKER, C
O’NEILL, S
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TRUST OF DOLORES SANDERS
SPR-85000
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CONT FROM 5/1/13
PETN FOR RELIEF FROM BREACH OF TRUST, etc.
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TENTATIVE RULING: Appearances are required at 8:30 a.m. on the petition for relief from breach of trust, etc.
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21. FISHMAN, W
HANDELMAN, A
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TRUST OF MARVIN ROSSON
SPR-85136
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CONT FROM 5/1/13
REVIEW
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TENTATIVE RULING: Continued to July 17 at 8:30 a.m., at request of the probate examiner, to afford further time for ongoing discussions between the parties and counsel.
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22. BIRNIE, T
LILLIGREN, M
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EST OF GEORGE TREFCER
SPR-85143
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CONT FROM 2/6/13
PTN FOR ORDER AND DAMAGES
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TENTATIVE RULING: The matter is ordered off calendar. The Court has been advised that a petition to terminate probate proceedings, pursuant to Probate Code § 12251, will be filed.
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23. MACKAY, B
RADCLIFFE, S
FULLERTON, R
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TRUST OF RUDOLPH L & MARIE C MAPPUS
SPR-85220
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CONT FROM 5/8/13
PTN TO APPOINT RUDOLPH L MAPPUS III AS CO-TRUSTEE
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TENTATIVE RULING: Appearances are required at 8:30 a.m. on the petition to appoint Rudolph L. Mappus III as co-trustee.
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24. BROTHERS, M
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TRUST OF HUGH W & HAZEL A MITCHELL
SPR-85513
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CONT FROM 5/1/13
PTN FOR ORDER MODIFYING TERMS OF TRUST; ACCEPTING DECLINATION OF TRUSTEE & FOR APPT OF SUCCESSOR
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TENTATIVE RULING: Approved.
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25. GALLAGHER, B
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TRUST OF GEORGINA FUNTANELLAS
SPR-85568
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PTN FOR INSTRUCS & FOR AUTHO TO SELL R/P
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TENTATIVE RULING: Approved.
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26. DOHERTY, M C
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TRUST OF ERIKA NEMETH
SPR-85602
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PTN FOR ORDER CONFIRMING ASSET IN TRUST
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TENTATIVE RULING: Approved.
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27. BIRNIE, TATE
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MTR OF ELISE M LOVEJOY
SPR-85606
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PTN FOR APPROVAL OF SNT
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TENTATIVE RULING: Approved.
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28. RONDON, B
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TRUST OF DALE D FULTON
SPR-85614
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PTN FOR ORDER CONFIRMING TRUST ASSETS & APPT OF SUCC CO-TTEES
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TENTATIVE RULING: Approved.
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29. SRL
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TRUST OF EMIL RICHARD PASSALACQUA
SPR-85616
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PTN FOR APPT OF TTEES
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TENTATIVE RULING: Approved.
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30. HANDELMAN, A, obo petitioner
WILSON, E, obo trustee
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BOEHM FAMILY TRUST OF 1992
SPR-85621
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PTN FOR ACCTG FOR ORDER DIRECTING SALE & DISTRIB OF TRUST ASSETS; SUSPENSION OF TTEE PENDING REMOVAL & APPT OF TEMP SUCC TTEE
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TENTATIVE RULING: Continued to July 17 at 8:30 a.m., by agreement of counsel.
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31. NORTON, T
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TRUST OF GEORGE & MARY ZANDRINO
SPR-85622
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PTN FOR SETTLEMENT OF 1ST & FINAL ACCT & RPT OF CO-TTEES
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TENTATIVE RULING: Approved.
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32. SHAW, V
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PTN RE MARICELA SANCHEZ
SPR-85377
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CHANGE OF NAME
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TENTATIVE RULING: The petition for change of name is dismissed. Code of Civil Procedure section 1276 (a) provides: "All applications for change of names shall be made to the superior court of the county where the person whose name is proposed to be changed resides." The verified petition alleges that both petitioner and the minor are residents of Contra Costa County.
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33. SRL
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PTN OF JENNIFER LYNN HYMAN
SPR-85519
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CHANGE OF NAME
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TENTATIVE RULING: Approved.
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34. SRL
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PTN OF LIZZIE SHAY
SPR-85563
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CHANGE OF NAME
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TENTATIVE RULING: Approved.
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35. SRL
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PTN RE MAIA MARIE ZOLLO
SPR-85577
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CHANGE OF NAME
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TENTATIVE RULING: Approved.
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36. SRL
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PTN OF JASON ROBERT MIRANDA
SPR-85581
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CHANGE OF NAME
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TENTATIVE RULING: Approved.
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37. SRL
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MTR OF MELE’EIKI LEILIMA ALEXIA LOLO MAFI
SPR-85585
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CHANGE OF NAME
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TENTATIVE RULING: Approved.
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38. SRL
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PTN OF AVA DARIA BOSANAC
SPR-85596
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CHANGE OF NAME
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TENTATIVE RULING: Approved.
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39. SRL
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PTN OF VICTORIA LEE MAXWELL
SPR-85601
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CHANGE OF NAME
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TENTATIVE RULING: Approved.
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40. SRL
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PTN OF OSBORNE FAMILY
SPR-85609
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CHANGE OF NAME
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TENTATIVE RULING: Approved.
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41. SRL
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PTN OF JOHN HOWARD BERRY JR
SPR-85611
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CHANGE OF NAME
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TENTATIVE RULING: If proof of publication is filed prior to the hearing date, the petition is granted. If not, the matter is continued to July 17 at 8:30 a.m.
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42. HINSHAW, B
CULLEN, J
DER, E
HINSHAW, C
LEVIN, N
NORTON, T
PARK, A
RONDON, B
STOLL, G
URBATSCH, K
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SNT OF CHRISTINE JAMA
SPR-77865
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APPT OF C’TOR
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TENTATIVE RULING: Continued to June 26, 2013 at 8:30 a.m., at the request of the Sonoma County Public Guardian.
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43. MILKS, J
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CONS OF ALAN COOK
SPR-81910
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TERM OF C’SHIP
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TENTATIVE RULING: Having reviewed the Report of Court Appointed Counsel for the conservatee filed on May 29, 2013, the Court terminates the conservatorship of the person and estate of Alan Cook. The requirement for a final account of the co-conservators is waived. The Office of the Probate Court Investigator is directed to submit an order that conforms to this ruling.
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44.
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CONS OF MICHAEL MOUNGOVAN
SPR-82431
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2ND ACCT & RPT, FEES
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TENTATIVE RULING: Approved.
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45. GALANTI, M
GARDNER, L
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CONS OF LENA EVELYN MAGUTH
SPR-84234
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1ST ACCT & RPT, FEES
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TENTATIVE RULING: The First Account and Report of the Conservator and Petition for Allowance of Fees is approved. The request for allowance of fees to the attorney for conservator is continued to July 17, 2013 at 8:30 a.m. in Department 18 for compliance with California Rules of Court §§ 7.754 and 7.703(e). An amended declaration in support of attorney fees shall be filed on or before July 3, 2013.
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46. HESS, S
HOLDREDGE, J
MILLER, M
NORTON, T
WARGO, R
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TRUST OF WANDA ZIMPHER
SPR-85105
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CONT FROM 4/17/13
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TENTATIVE RULING: Appearances required at 8:30 a.m. for status report.
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47. DENNIS, A
RONDON, B
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CONS OF JEANNINE C O’CONNOR
SPR-85302
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CONT FROM 5/1/13
APPT OF C’TOR
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TENTATIVE RULING: Appearances required at 8:30 a.m. for status of the meet and confer and for parties to present their positions regarding the conservatorship petition.
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