Dec 04, 2022
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Tentative Rulings Probate Calendar – CONSERVATORSHIPS
Friday, December 2, 2022, at 9:30 a.m 
 
Honorable Lawrence E. Ornell - Courtroom 23 
 
Civil and Family Law Courthouse
3055 Cleveland Avenue,
Santa Rosa, California 95403
 
 
 

If the tentative ruling does not require appearances, and is accepted, no appearance is necessary. 

Any party who wishes to be heard in response or opposition to the Court’s tentative ruling MUST NOTIFY the Court’s Judicial Assistant by telephone at (707) 521-6893 and MUST NOTIFY all other parties of the intent to appear, and whether they will appear in person or by Zoom.  Both notifications must be completed no later than 4:00 p.m. on the court (business) day immediately before the day of the hearing.

Unless notification of an appearance has been given as provided above, the tentative ruling shall become the ruling of the court the day of the hearing at the beginning of the calendar, absent an objection from an interested party per Probate Code section 1043.    

  
To Access the Probate Examiner Notes:
 
·         Navigate to the Home page of the Sonoma Superior Court website: www.sonoma.courts.ca.gov.
·         Choose Court Case Portal
·         Choose “Click here to access the Portal”
·         Accept the Terms
·         Choose Smart Search, insert your case number, and follow all instructions.
 
To Join Department 23 “Zoom” Online

Navigate to website: https://us02web.zoom.us/j/83856098726?pwd=WEI3K1BPRCswSk0ZYSs4VUw1OU5ydz09
Enter Meeting ID: 854-4114-2253
And Password: 611386
 
To Join Department 23 “Zoom” By Phone:

Call: +1 669 900 6833 US (San Jose)
Enter Meeting ID: 854-4114-2253
And Password: 611386
 
 
Guide for Participating in Court Proceedings via Zoom for Dept 23:
 
-After joining the meeting and checking in with the clerk, please mute your audio when not speaking. This helps keep background noise to a minimum.
-Be mindful of background noise when your microphone is not muted. Avoid activities that could create additional noise, such as shuffling papers.
-Position your camera properly if you choose to use a web camera. Be sure it is in a stable position and focused at eye level, if possible. Make sure everything visible in the frame is appropriate for an appearance in court.
-If a confidential session becomes necessary it is incumbent on you to ensure you are able to participate from a private location so that unauthorized people cannot overhear or see the proceedings.
-Chat is enabled for the sharing of documents among participants and the court and to allow attorneys to communicate individually with each other or their clients only. No chat messages should be sent privately to the court as it would amount to an unauthorized ex parte communication. Neither should chat messages be sent to all participants unless directed by the court.
-The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
-Be patient. Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally.
 
***
 
CONSERVATORSHIPS
 
1.     
CONSERVATORSHIP OF LELAND SPAULDING
SPR57246
EXCLUSIVE AUTH TO GIVE CONSENT FOR MEDICAL TREATMENT
 
TENTATIVE RULING: Approved.
 
 
 
2.     
CONSERVATORSHIP OF JANE MARY KOETZNER
SPR095531
ACCOUNT AND REPORT
 
TENTATIVE RULING:   Appearances required at 9:30 a.m., in Department 23, for counsel for petitioner to explain why a verified declaration specifying the amount of reimbursement requested by petitioner with the documentation that supports the request, was not filed, as ordered on October 21, 2022.
 
The second amended first account and report is approved. Conservator fees are approved in the amount of $1,258.75.
 
Compensation for services rendered by the attorney in a conservatorship proceeding is payable only as the court determines such compensation is “reasonable.” In determining the amount of compensation to award, courts will consider the value of the estate, the nature and difficulty of the tasks performed, the time spent, the results achieved, and whether those results benefited the conservatee. The Court has determined that attorney fees in the amount of $22,685.00 are reasonable for the services provided. 
 
Counsel is directed to submit an order that conforms to this ruling.
 
The matter is set for review on Thursday, June 27, 2024, at 3:00 p.m., in Department 23 for status of accounting. If the second account and report has been filed, no appearance shall be required.
3.     
GUARDIANSHIP OF
DIETRICH MASSINGILL
SPR090535
ACCOUNT AND REPORT
 
TENTATIVE RULING:   Despite irregularities, the Amended Third Account and Report is approved. Attorney fees and costs are approved in the amount prayed. The court has determined that to preserve the minor’s estate to majority, all funds shall be deposited in a blocked account, thereby waiving the requirement of court accountings and bond.
 
Petitioner is directed to submit the following:
·         An Order Authorizing Withdrawal of all funds, plus any interest accrued (Judicial Counsel form MC-358) from Exchange Bank and deposit into a blocked account at Edward Jones Financial Services Company, less attorney fees and costs totaling $3,455.72.
·         A completed Judicial Council Form MC-355, Order to Deposit Money into Blocked Account.
The matter is continued to Thursday January 19, 2023, at 3:00 p.m., in Department 23, for Petitioner to file a Receipt and Acknowledgement of Order for the Deposit of Money into Blocked Account (JC Form MC-356). If the Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account is filed prior to the hearing date, the matter will be dropped.
 
 
4.     
CONSERVATORSHIP OF
SIMON PONDOLFINO
SPR096972
APPOINTMENT OF CONSERVATOR
 
 
TENTATIVE RULING: Continued to December 21, 2022, at 9:30 a.m. in Department 23 for the following:
 
Petitioner is directedto file a completed Amended Capacity Declaration by a licensed physician or psychologist acting within the scope of his or her licensure AND making the determination about capacity by completing item #7.
 
5.     
CONSERVATORSHIP OF
CLAUDE GREY
SPR097170
APPOINTMENT OF CONSERVATOR
 
TENTATIVE RULING: The petition for appointment of a temporary conservatorship of the person and estate is denied.
 
 
 
Having received information from the Office of the Court Investigator, that a Conservatorship has been established in the State of Oregon, which now has Jurisdiction over this matter; the petition for appointment of probate conservator of the person and estate, scheduled for January 27, 2023, is denied
 
 
 
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