Jan 22, 2021
Probate Calendar 
Friday, January 22, 2021 9:30 a.m. – Hon. Jennnifer V. Dollard  
Courtroom 18, 3055 Cleveland Avenue, Santa Rosa
Probate matters will be heard as follows 


PLEASE NOTE: 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.


All probate matters will be heard via Zoom.  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 3:15 p.m. on the day of the hearing. 


D18 – Probate 9:30 a.m. Friday

MeetingID: 838—5609--8726

Password: 000169



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 Department 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.

-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.


TENTATIVE RULING: The fifth account and report is approved with the market value of the property on hand at the end of the fifth account and beginning of the sixth account listed as $174,380.43, and the market value of the American Growth Fd of Amer A listed as $28,951.01. Bond remains at $596,000.00.
Fees for the limited conservator/trustee are approved in the amount requested. Attorney fees are approved in the amount requested.
Petitioner is authorized to receive monthly periodic compensation up to eight hours per month at the rate of $140.00 per hour, effective as of January 1, 2020. Petitioner is also authorized to continue making a monthly distribution to the limited conservatee in the amount of $200.00 per month as an allowance to be paid from the limited conservatee’s SSI. 
Petitioner is directed to submit an order that conforms to this ruling.
Christine Anderson is discharged as court-appointed counsel for the limited conservatee.  Court-appointed counsel’s request for attorney fees is approved in the amount requested.  The Court appreciates and thanks Ms. Anderson for accepting the court appointment and for the services provided.
The Sonoma County Public Defender is appointed to represent the limited conservatee in the proceeding.  
TENTATIVE RULING: Continued to February 26, 2021, at 9:30 a.m.
Petitioner is directed to serve the Veterans Administration with notice of hearing and a copy of the Petitions pursuant to PrC§ 1461.5.
Pursuant to Sonoma County Local Rule 6.4G3, the final account and petition for distribution of the conservator shall identify the personal representative and the court and case number of the probate proceeding for the deceased conservatee. 
The Supplemental Account and Report lists the dates of the accounting at line #26 on page one as January 10, 2020 through August 17, 2020. The correct dates of the Supplemental Account and Report are August 18, 2020 through September 11, 2020.
Petitioner is directed to file and serve, no later than February 11, 2021, an amended Supplemental Account and Report that includes the information required in SCLR 6.4G3. The amended Supplemental Account and Report shall also list the correct dates of the supplemental accounting.
Petitioner is directed to pay from the conservatee’s estate the sum of $600.00 for the services of the Court Investigator, pursuant to Probate Code §1851.5. Payment is to be made to the Superior Court of California, County of Sonoma, in care of the Probate Division within thirty (30) days from the date of this ruling. Please annotate the payment: The Conservatorship of Daniel Cimikoski, SPR 092499
TENTATIVE RULING: Approved. The Court does not require appearances, however, if the conservatee would like to attend court his counsel is welcome to request to appear.
The matter is set for review of compliance with Probate Code sections 1830, and 2610, on Thursday, April 22, 2021, at 3:00 p.m., in Department 18. If the conservator is in compliance, no appearance shall be required and a new date shall be set for status of the first accounting.
TENTATIVE RULING: Appearances Required.  The Court has been informed that the proposed temporary conservatee wishes to attend the hearing. For the benefit of the parties, the Court issues the following tentative ruling: 
Proof of service of the notice of hearing and a copy of the Petition for temporary conservatorship has not been submitted. There is a proof of service of the notice of hearing which indicates that the notice was mailed to “see attached” however, no list is attached. Also, proof of service via mail on the proposed temporary conservatee is not sufficient for this petition, (see Probate Code §2250(e)(1)), as he must be personally served. Any request for waiver of notice must be in writing (see Cal Rules of Ct. 7.1062(e)) – and none has been submitted.
Should the notice issue be cured by the time of the hearing and the Court able to reach the merits, it is inclined to rule as follows: 
The petition to appoint Ms. Darling temporary conservator of the person and estate is granted, including the powers and relief requested in Attachment 1f of the ex parte petition filed January 19, 2021. The temporary conservatorship shall expire February 26, 2021, or upon further order of the Court, whichever is sooner. Bond is set at $25,000, but the temporary conservatee shall apply for an increase in bond amount if additional assests are discovered or recovered. This constitutes the Court’s ruling on the petition for temporary conservatorship filed 1/4/21, as well as the ex parte application filed 1/19/21. The Court will executed the proposed order lodged with the ex parte.
TENTATIVE RULING:   The 3rd Report and Account of the Trustee and Conservator is approved.   All future accountings for the Conservatorship and the Trust may be filed at the same time however they are two separate accountings and shall not be combined. The Petitioner must use separate accounts and schedules. Future accountings must clearly indicate which assets belong to the trust and which assets belong to the Conservatorship.
The matter is set for review on Thursday, October 13, 2022, at 3:00 p.m., in Department 18 for status of accounting.  If the fourth account and report has been filed, no appearance will be required.
*This is the end of these Tentative Rulings*
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