Dec 04, 2022
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TENTATIVE RULINGS – ESTATES/OTHER PROBATE
Friday, December 2, 2022, at 9:30 a.m. 
 
Honorable Lawrence E. Ornell - Courtroom 23
 
 
3055 Cleveland Avenue
Santa Rosa, CA 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.
 
***
 
ESTATES/OTHER PROBATE
 
1. 
 
ESTATE OF IRENE COUGHLIN
SPR-64387
 
ACCOUNT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Administrator’s extraordinary fees are approved in the amount of $7,413.75 based on rates commensurate with the nature of the work completed; Proposed order has been modified to reflect this change.
 
 
2.
ESTATE OF
JAMES FRANKLIN COTTER
SPR-090678
 
ATTORNEY’S FEES
ACCOUNT & REPORT
TENTATIVE RULING:    APPROVED IN PART AND CONTINUED IN PART. NO APPEARANCES REQUIRED   Waiver of Account is granted.    Attorney fees of $47,000 and costs of $4,412.64 is ordered. The various settlements agreements were not located.  There is no explanation to support the preliminary distribution of the lot to James Cotter. Administrator is discharged from his duties as the administrator and released from bond upon the appointment of a successor administrator. This matter is continued to December 28, 2022 at 9:30 am.
 
 
3.       
ESTATE OF
RICHARD WALLACE
SPR-093374
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING:   APPROVED. NO APPEARANCES REQUIRED
 
 
4. 
ESTATE OF
JOHN UNDERWOOD
SPR-094549
 
ACCOUNT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED.
 
 
5. 
ESTATE OF
JOYCE MCCONNELL MASON
SPR-095523
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED.
 
 
6. 
ESTATE OF
ROBERT HARRY WARREN
SPR-095874
 
OTHER
TENTATIVE RULING: This matter is continued to January 20, 2023, at 9:30 a.m. in Department 23. As objections have been filed, pursuant to local rule 6.2 (G)(2), the parties are directed to meet and confer and make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference (which is deemed to include video platforms such as Zoom), if possible, otherwise by telephone conference.If the matter has not resolved, the parties shall each file statements of issues no later than seven (7) court days before the continued hearing date. Local Rule 6.2 G.3.
 
 
7. 
ESTATE OF
ROBERT PETER LARSEN
SPR-095919
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar. Attorney’s extraordinary fees are approved in the amount of $9,967.50 based on rates customary to this area; Proposed order has been modified to reflect this change.
 
8. 
ESTATE OF
FRANZ JOSEPH STANG
SPR-096141
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.
 
 
9. 
ESTATE OF
ORVILLE OTTIS STEARLEY
SPR-096172
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.
 
 
10. 
ESTATE OF EDWARD QUIRK
SPR-096173
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.
 
 
11. 
ESTATE OF
JEFFREY SINGLER
SPR-096392
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.
 
 
12.
ESTATE OF
CATHERINE QUINTEROS
SPR-096592
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.
 
 
13.
ESTATE OF IRENE QUIROLO
SPR-096863
 
LETTERS OF ADMIN
TENTATIVE RULING: NO APEARANCES REQUIRED.   Matter is continued to January 27, 2023. This will allow for a proper publication and filing of the Proof of Publication.
 
 
14.
ESTATE OF
MABRY HALTOM WRAY
SPR-096910
 
PROBATE OF WILL
TENTATIVE RULING: APPEARANCES REQUIRED.   To explain why no publication has occurred an for proof of the holographic instrument.
 
 
15.
ESTATE OF BETTY ARM
SPR-096916
 
PROBATE OF WILL
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. No bond is required as the will waives bond.   Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the March 21, 2024, probate case management conference calendar at
3:00 p.m. in Department 23 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
16.
ESTATE OF DALE STRAND
SPR-096973
 
PROBATE OF WILL
TENTATIVE RULING:  NO APPEARANCES REQUIRED. This matter is CONTINUED to
January 13, 2023, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.
 
 
17.
ESTATE OF JOAN SCHINKEL
SPR-096985
 
PROBATE OF WILL
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. No bond is required as the will waives bond.   Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the March 21, 2024, probate case management conference calendar at
3:00 p.m. in Department 23 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
18.
ESTATE OF
BETH TRACHTENBERG
SPR-096990
 
PROBATE OF WILL
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $915,000.   Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the March 21, 2024, probate case management conference calendar at
3:00 p.m. in Department 23 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
19.
ESTATE OF
EDWIN CLARK MERNER
SPR-097038
 
SPOUSAL PROP PETITION
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. 
 
 
20.
ESTATE OF
MICHAEL BRIAN FERRERO
SPR-097081
 
LETTERS OF ADMIN
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. No bond is required as all heirs have waived bond.   Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the March 21, 2024, probate case management conference calendar at
3:00 p.m. in Department 23 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
21.
ESTATE OF HELEN PRIELIPP
SPR-097087
 
PROBATE OF WILL & ADMIN WWA
TENTATIVE RULING: Matter is CONTINUED to December 9, 2022, at 9:30 a.m. in Department 23 to be heard with a completing Petition for Probate.
 
 
22.
ESTATE OF
NANCY ELLEN KOEPP
SPR-097088
 
PROBATE OF WILL
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. The Court may, in its discretion, require the personal representative to furnish a bond (CRC 7.201(b), Probate Code §8571.) As the personal representative is not a resident of California, bond is fixed in the amount of $50,000.  Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the March 21, 2024, probate case management conference calendar at
3:00 p.m. in Department 23 for status of estate or final account and distribution. No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
23.
ESTATE OF
HERBERT RANDOLPH WILLIAMS
SPR-097092
 
PROBATE OF WILL
TENTATIVE RULING: NO APPEARANCES REQUIRED. This matter is CONTINUED to
January 6, 2023, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.
 
 
24.
ESTATE OF LISA KIMMELL
SPR-097095
 
PROBATE OF WILL
TENTATIVE RULING: NO APPEARANCES REQUIRED. This matter is CONTINUED to
January 6, 2023, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.
 
 
25.
ESTATE OF PENELOPE DOWDESWELL
SPR-093039
 
CASE MANAGEMENT
TENTATIVE RULING:  APPROVED. NO APPEARANCES REQUIRED.
 
 
 
 
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