Jun 28, 2022
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TENTATIVE RULINGS – ESTATES
 
Friday, June 24, 2022, at 9:30 a.m.
Honorable David Flinn for Honorable Lawrence E. Ornell 
Courtroom 23
 
3055 Cleveland Avenue
Santa Rosa, CA 95403
 
 
PLEASE NOTE:  Masks need not be worn in the courthouse if you are fully vaccinated.
 
 
Persons are considered vaccinated two weeks after the final dose in a primary series of vaccinations.
 
 
All unvaccinated persons entering any Sonoma County Superior Courthouse, including any remote jury selection location, shall wear a face covering at all times compliant with all California State Health Orders and CAL/OSHA standards which must completely cover both the nose and mouth. 
 
Court Call is not permitted for this calendar.
 
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
 
 
1,2. 
 
ESTATE OF
JACQUELINE RUTH NOVOTNY
SPR-87467
 
OTHER
CASE MANAGEMENT
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. The proposed order will be modified by the Court to meet the Respondent’s requests. The matter is set on the
September 14, 2022, probate case management conference calendar at 1:30 p.m. in Department 18 for status of estate or final account and distribution. 
 
 
3.
ESTATE OF HENRY LEIDICH
SPR-092230
 
LETTERS OF ADMIN
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Bond is not required as the will waives bond. 
The matter is set on the September 14, 2022, probate case management conference calendar at 1:30 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.
 
 
4.       
ESTATE OF LYNELLE RITZ
SPR-092509
 
WAIVER OF ACCT & REPORT
 
TENTATIVE RULING: Matter is CONTINUED to September 28, 2022, at 9:30 a.m. in Department 23.
 
 
5. 
ESTATE OF
MARGARET BECKER
SPR-094502
 
WAIVER OF ACCT & REPORT
 
TENTATIVE RULING: Matter is CONTINUED to July 29, 2022, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.
 
 
6. 
ESTATE OF EVELYN LAVINE
SPR-094720
 
OTHER
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED.
 
 
7. 
ESTATE OF
EDITH TOERY-KOHLER
SPR-094998
 
OTHER
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.
 
 
 
8. 
ESTATE OF ANTONE KOHLER
SPR-095004
 
ACCOUNT & REPORT
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.
 
 
 
9. 
ESTATE OF CHARLES RICHARD WEBB, JR.
SPR-095551
 
WAIVER OF ACCT & REPORT
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.
 
 
10. 
ESTATE OF LEILANI MAJOR
SPR-095652
 
SPOUSAL PROP PETITION
 
TENTATIVE RULING: Matter is continued to August 5, 2022, at 9:30 a.m. in Department 23.
 
 
11. 
ESTATE OF DAVID LAWER
SPR-096550
 
SPOUSAL PROP PETITION
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED.
 
 
12. 
ESTATE OF
ANNELIESE FRANZ
SPR-096578
 
PROBATE OF WILL
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Bond is not 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 December 7, 2023, 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.
 
 
13.
ESTATE OF
GRAHAM LEE LINBERG
SPR-096588
 
LETTERS OF ADMIN
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Bond is not 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 December 7, 2023, 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.
 
 
14.
ESTATE OF ENRIQUE BECALI
SPR-096652
 
SPOUSAL PROP PETITION
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED
 
 
15.
ESTATE OF
JERALD ROBERT GERST
SPR-096676
 
LETTERS OF ADMIN
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Bond is not 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 December 7, 2023, 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
PETER ANTHONY TRAUBE
SPR-096677
 
LETTERS OF ADMIN
 
TENTATIVE RULING: APPROVED. NO APPEARANCES REQUIRED. Bond is not 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 December 7, 2023, 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.
 
 
17.
ESTATE OF DENNIS KEATING
SPR-096634
 
LETTERS OF ADMIN
 
TENTATIVE RULING: Matter is CONTINUED to July 29, 2022, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.
 
18.
ESTATE OF
NERCILLA LEWERS
SPR-093643
 
OTHER
 
TENTATIVE RULING: APPEARANCES REQUIRED.
 
 
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