Jul 03, 2020
TENTATIVE RULINGS
Probate Conservatorships Calendar
Friday, June 26, 2020                9:30 a.m. – Hon. Jennifer V. Dollard
Courtroom 18, 3055 Cleveland Avenue, Santa Rosa
 
Probate matters will be heard as follows
 
 
PLEASE NOTE: In accordance with the Addendum to First Amended Omnibus Order of the Presiding Judge issued May 27, 2020, only those persons with court hearings in criminal actions shall enter a Sonoma County Superior Court facility.  Until further notice, all matters set for hearing in this courtroom shall be heard remotely through Zoom.  No party or representative of a party may appear personally in Courtroom 18.  CourtCall is not permitted for this calendar.

 

 
 
If the tentative ruling is accepted, no appearance by Zoom 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 9:45 a.m. on the day of the hearing. 
 
 
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 proceeding via Zoom D18

-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.

-To assist the court reporter please state your name before each time you talk.

-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 JOSHUA OSTRAND
SPR69410
 
ACCOUNT & REPORT
TENTATIVE RULING: The 12th Account and Report of the Special Needs Trust is approved. Attorney fees are approved in the amount requested. Conservator fees are approved as requested.
 
The matter is set for review on Thursday, June 23, 2022, at 3:00 p.m., in Department 18 for status of accounting. If the 13th account and report of the Special Needs Trust has been filed, no appearance will be required.
 
 
The 19th Account and Report of the Conservatorship of the Estate of Joshua Ostrand is also due. The matter is set for review on Thursday, August 27, 2020, at 3:00 p.m., in Department 18 for status of accounting. If the 19th account and report of the Conservatorship of the Estate of Joshua Ostrand has been filed, no appearance will be required.
 
 
 
2.     
CONSERVATORSHIP OF LYNN JOHNSON
SPR89338
ACCOUNT & REPORT
 
TENTATIVE RULING: The second account and report is approved. Attorney fees and conservator fees are approved in the amount requested. Bond is reduced to $275,000.00.
 
The conservator’s statement of facts in support of fees for the third account and report shall comply with the requirements of CRC 7.751(b) and 7.702. Counsel is directed to submit an order that conforms to this ruling.
 
 
 
 
3.     
LIMITED CONSERVATORSHIP OF GREGORY NICHOLAS
SPR089675
 
ACCOUNT & REPORT
TENTATIVE RULING: Attorney fees are approved in the amount requested.
 
Having reviewed the verified declaration explaining the discrepancy between the rent due for the period of the account and the rent received, the sixth account and report is approved.
 
In the exercise of ordinary care and diligence in managing and controlling the estate of the conservatee, the conservator of the estate must avoid actual conflicts of interest and, consistent with her fiduciary duty to the conservatee, the appearance of conflicts of interest. The conservator must avoid any personal, business, or professional interest or relationship that is or reasonably could be perceived as being self-serving or adverse to the best interest of the conservatee.
 
To that end, the seventh account and report shall include an Exhibit that states with specificity the amount of rent due, amount of rent received, purchases made and/or funds advanced to the conservatee or conservatorship estate, and the services provided to the conservatee or conservatorship estate, in exchange for reduction in rent. For example:
 
                                                               Exhibit A
 
Rent due            Rent received         Purchases/Funds Advanced           Services provided
 
$1,600.00           $1,000.00                $200.00 to conservatee for food     Gardening (5 hours @
                                                         $300.00 paint for barn                     $20.00 an hour) $100.00
 
The co-conservator shall keep receipts of purchases and funds advanced to the conservatee, and document the date and type of service provided to the conservatee or conservatorship estate for review by the court.
 
The matter is set for review on Thursday, April 21, 2022, at 3:00 p.m., in Department 18 for status of accounting. If the seventh account and report has been filed, no appearance will be required.
 
Counsel is directed to submit an order that conforms to this ruling.
 
 
4.     
CONSERVATORSHIP OF L RINA HIRAI
SPR093103
 
ACCOUNT & REPORT
TENTATIVE RULING: Despite irregularities, the first and final account of the temporary conservator of the estate is approved. Petitioner is discharged as temporary conservator of the estate and the surety on his bond is exonerated.
 
The Court finds that the conservatee did not suffer financial harm as she is the beneficiary of all accounts and a further hearing to explain the errors, acknowledged in the petition, between conservatorship accounts and trust accounts, would only serve to create a greater drain on the resources in the conservatorship estate.
 
In that all assets have been transferred to Don Hughes, conservator of the estate, compliance with PrC 2620(c) is waived.
 
Counsel is directed to submit an order that conforms to this ruling.
 
 
5.     
CONSERVATORSHIP OF RONALD W HANCOCK
SPR093460
 
ATTORNEY FEES
 
TENTATIVE RULING: Approved.
 
 
 
6.     
CONSERVATORSHIP OF LOUANN M EKREN
SPR094235
 
REVIEW
TENTATIVE RULING: The Court first addresses an error in the Order after Hearing and Letters issued in this case. The capacity declaration is insufficient to grant authority for the administration of medication (which was requested and mistakenly granted). In light of this, the Order appointing the conservator, which incorrectly included authority to administer medication, is ordered amended to omit this authority. Likewise, new letters will issue omitting this authority. Conservator is ordered to submit an amended order after hearing and letters conforming to this ruling. The Court investigator is ordered to complete a supplement addressing the fact that the underlying capacity declaration was insufficient as the initial report did not address this issue. Accordingly, no requirement for the appointment of counsel under Probate Code section 2356.5 was implicated. The Court Investigator’s report also relayed no request by Ms. Ekren to be represented as authorized under Probate Code section 1471(a), or to appear at the hearing. Should petitioner wish to pursue additional authority, a supplemental petition shall be filed and served with a new capacity declaration.
 
On the issue of visitation, the Court finds it would be helpful to resolution of the issue to appoint counsel for the conservatee solely on the issue of visitation. Counsel is therefore appointed pursuant to Probate Code section 1471(b). Petitioner is directed to serve all pleadings and documents filed in this case on court appointed counsel within 10 days. This matter is continued to August 28, 2020 at 9:30 a.m. in Department 18 for further proceedings on establishing a reasonable visitation schedule and report of court appointed counsel for conservatee. Any report by conservatee’s counsel shall be filed and served by August 14, 2020. The parties are directed to further meet and confer on the issue of visitation and each file a statement of issues at least five (5) court days before the continued hearing date. (LR6.2(G)(3)).
 
 
 
7.
CONSERVATORSHIP OF STEPHEN W JONES
SPR094253
 
CONT – APPOINTMENT OF CONSERVATORSHIP
TENTATIVE RULING: Approved.
 
 
 
 
  
         
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