Sep 17, 2021
A A A

TENTATIVE RULINGS 

Probate Calendar – CONSERVATORSHIPS

Friday, September 17, 2021 at 9:30 a.m.

Hon. Jennifer V. Dollard - Courtroom 18 

PLEASE NOTE: In accordance with the Order of the Presiding Judge, a party or representative of a party may appear personally in Courtroom 18 or may appear remotely through Zoom.  Social distancing among members of the public is no longer required and capacity shall be the normal courtroom capacity. 

Masks are required at all times, regardless of vaccination status.  Compliant mask coverings do not include; 1) neck gaiters; 2) masks with valves or other holes; 3) bandanas; or 4) face shields.  This order applies to all interior spaces of the courthouse. 

CourtCall is not permitted for this calendar.

 

Probate Matters Will be Heard as Follows: 

 

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

The tentative rulings will become the ruling of the Court unless a party desires to be heard.  If you desire to appear and present oral argument, YOU MUST NOTIFY Judge Dollard’s Judicial Assistant by telephone at (707) 521-6893 and all other opposing parties of your intent to appear, and whether that appearance is in person or via Zoom, no later 4:00 p.m. the court day immediately preceding 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 at 9:45 a.m. on the day of the hearing, 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 “Zoom” Online

D18 – Probate 9:30am Friday

MeetingID: 838—5609—8726

Password: 000169

https://us02web.zoom.us/j/83856098726?pwd=WEI3K1BPRCswSk0ZYSs4VUw1OU5ydz09

 

To Join “Zoom” By Phone:

By Phone (same meeting ID and password as listed for each calendar):
+1 669 900 6833 US (San Jose)

 

Guide for Participating in Court Proceedings via Zoom for Dept 18:

 

-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.     
MATTER OF THE AMER FISH SPECIAL NEEDS TRUST
SPR77345
ACCOUNT AND REPORT
 
 
TENTATIVE RULING: The ninth account and report of co-trustees is approved. Attorney fees are approved in the sum of $6,033.50. Bond is increased to a total bond of $569,000.00.
 
Counsel is directed to file Confidential Contact Information for use by Court Investigator on the next accounting and all other subsequent accountings.
 
The matter is set for review on Thursday, June 15, 2023 at 3:00 p.m., in Department 18 for status of accounting. If the Tenth account and report has been filed, no appearance shall be required.
 
[The Department in which the matter is set is subject to change and may be re-noticed.]
 
 
 
2.     
CONSERVATORSHIP OF EILEEN SPAULDING
SPR79893
ACCOUNT AND REPORT
 
TENTATIVE RULING: The Eleventh Account and Report is approved. The conservatorship of the estate is terminated. Bond in the Trust matter is increased to $725,000.00.
 
The matter is set for review on Thursday, June 15, 2023 at 3:00 p.m., in Department 18 for status of accounting in the Trust. If the Twelfth account and report has been filed, no appearance shall be required.
                                                                                                       
[The Department in which the matter is set is subject to change and may be re-noticed.]
 
 
 
3.     
CONSERVATORSHIP OF DANIEL G. BROOKS
SPR83459
ACCOUNT AND REPORT
 
 
 
 
TENTATIVE RULING: Trust Account and Report is continued to September 24, 2021 at 9:30 a.m. in Department 18, to trail the conservatorship matter (see below).
 
 
 
4.     
CONSERVATORSHIP OF DANIEL G. BROOKS
SPR83459
 
ACCOUNT AND REPORT
 
 
TENTATIVE RULING: Conservatorship Account and Report is continued to September 24, 2021 at 9:30 a.m. in Department 18, for the conservator to file Schedule A for the conservatorship of the estate amended account and report and to allow time for the Court Investigator to meet with the conservatee and complete a report. 
 
 
 
5.     
GUARDIANSHIP OF
GAVIN M. HUNTER
SPR86915
ACCOUNT AND REPORT
 
TENTATIVE RULING: The third account and report is approved. Attorney fees and costs are approved in the amounts requested. Fees for the preparation of the third account are approved in the amount requested.
 
The matter is set for review on Thursday, September 21, 2023, at 3:00 p.m., in Department 18 for status of accounting. If the fourth account and report has been filed, no appearance shall be required.
 
[The Department in which the matter is set is subject to change and may be re-noticed.]
 
 
6.     
CONSERVATORSHIP OF KATHLEEN POWERS
SPR091190
ACCOUNT AND REPORT
 
TENTATIVE RULING: The second account and report of conservator is approved. Attorney fees and costs are approved as prayed.
 
The matter is set for review on Thursday, May 18, 2023 at 3:00 p.m., in Department 18 for status of accounting. If the third account and report has been filed, no appearance shall be required.
 
[The Department in which the matter is set is subject to change and may be re-noticed.]
 
 
7.
CONSERVATORSHIP OF JOAN CAVENDER-CONSOLIDATED WITH SPR093737
SPR094322
ACCOUNT AND REPORT
 
TENTATIVE RULING: Continued to October 1, 2021 at 9:30 a.m. in Department 18, due to workload of the court investigator.

 

 
 
8.
CONSERVATORSHIP OF THELMA FRANCES GOOD
SPR094587
ACCOUNT AND REPORT
 
TENTATIVE RULING: The first and supplemental final account and report of the conservator is approved. The request to terminate the conservatorship of the estate is approved.
 

The Court has taken into consideration the discounted/time not charged for the reduction of attorney fees. Attorney fees and costs are approved in the amount of $23,465. In making this determination, the Court has considered the value to the estate, the nature and difficulty of the tasks performed, the necessity for the services performed, the results achieved, and the compensation customarily allowed by the court in the community where the court is located for the management of conservatorship of similar size and complexity.

 
Additional attorney fees for wrapping up case are approved in the amount of $1,300 (3 hours of attorney time and 3 hours of paralegal time). Costs are approved in the amount of $100.
 
All cost for telephone, postage, copying, Lexis, CEB (6.0%) are denied. These are part of overhead costs.
 
Attorney fees and costs in the amount of $7,399.34 for the Special Administration of the Estate of Maria A. Alexion are denied. Fees for the special administration should be sought out in the Estate of Maria Alba Alexion-SPR095324.
 
Upon the filing of an Ex Parte Petition for Final Discharge and Order, the conservator of the estate shall be discharged and the surety on her bond exonerated.
 
Petitioner is directed to submit an order that conforms to this ruling.

 

 
 
9.
CONSERVATORSHIP OF DONNA A. CASEY
SPR095811
APPOINTMENT OF CONSERVATOR
 
TENTATIVE RULING: Appearances required. The Court wishes to complete the hearing on the request for restraining order (SCV268792) prior to ruling on this matter. As the tentative rulings for the Friday probate calendar are posted prior to the time that the hearing in SCV268792 will be completed, the Court is not issuing a tentative ruling.
 
 

 

10.
CONSERVATORSHIP OF   INEZ JACKSON
SPR095887
APPOINTMENT OF CONSERVATOR
 
TENTATIVE RULING: Continued to October 29, 2021 at 9:30 a.m. in Department 18, for Petitioner to cure the following deficiencies, no later than October 19, 2021
 
1.      An amended petition needs to be filed to clearly state the following:
a.    Identity of proposed conservator(s);
b.    If more than one, all documents must be filed for the additional co-conservator(s);
c.    All the appropriate boxes must be checked for request of medical authority;
 
2.      No proof of personal service of the citation on the proposed conservatee was filed;
 
3.      A capacity declaration has not been submitted in support of the powers requested;
 
4.      No attachments have been submitted in support of the estate powers requested; and
 
5.      Petitioner may file a supplement no later than 10 days before the next hearing including any additional information petitioner thinks supports the petition as the Court’s tentative view is that the need for a conservatorship is not presently demonstrated by clear and convincing evidence.
 
6.      Petitioner is directed to contact the office of the Court Investigator as soon as possible as his voicemail box is full and provide an alternate contact number.
 
 
 
© 2021 Superior Court of Sonoma County