May 04, 2016

TENTATIVE RULINGS

Probate Calendar

5/5/16 2:30 p.m.

Courtroom 18 – Judge René Chouteau

 

 

If the tentative ruling is accepted, no appearance 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 2:45 p.m. on the day of the hearing. 

 

In accordance with CRC Rule 3.670, Court Call is now available for telephone appearances on the Probate Calendar, except for hearings on petitions to confirm the sale of property and other matters in which the court determines that a personal appearance would materially assist in the determination of proceedings or in the effective management or resolution of the particular case. 

 

 

1.   RODILES-PETERSON, M

EST OF ARTHUR PRESCOTT

SPR-88897

PROBATE OF WILL

TENTATIVE RULING: Approved.

2.   TASKER, C

EST OF JULIE KATHRIN KOZLOWSKI

SPR-88933

PROBATE OF WILL

TENTATIVE RULING: Approved.

3.   FISHER, R for P

EST OF DONALD J FREIMUTH

SPR-88918

LTRS OF ADMIN

TENTATIVE RULING: Approved.

4.   NORTON, T. for Petitioner Shelby Dunlap

      STARK, C. for Michael Coate

EST OF RONALD COATE

SPR-80616

3RD ACCT & RPT

TENTATIVE RULING: Approved.

5.   HALEY, C for Petitioner/Trustee David Mulshenock

EST OF DANIEL JOHN MULSHENOCK

SPR-87543

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: The petition is approved, as modified. Attorney fees are approved in the amount of $8,900. (See Prob. Code § 10810(b).) The fees of the personal representative are approved in the amount of $8,900. (See Prob. Code section 10800(b).) Extraordinary attorney fees are approved in the amount of $2400.

6.   BJORNSTROM, D.; Petitioner/Trustee

EST OF MARTIN

SPR-54401

PTN FOR SETTLEMENT OF ACCT

TENTATIVE RULING: Approved.

7.   BJORNSTROM, D.; Petitioner/Trustee

EST OF MARTIN

SPR-56683

PTN FOR SETTLEMENT OF ACCT

TENTATIVE RULING: Approved.

8.   ADAMS, B. for Contestant Hermann Haniz

      KELLY, T. for Petitioners/ Respondents Bunhilde Begley, Shawn Crowley

      RONDON, B. for Administrator Dieter Meier

EST OF ANNELIESE GWINN

SPR-87606

RPT OF STATUS OF ADMIN

TENTATIVE RULING: Approved.

9.   CLAUSEN, M; ZATMAN, M for Petition Mappus

      ZEIGLER, K for Trustee Mendonca

TRUST OF FREDERICK T & DONNELLE N RODACK

SPR-88021

PTN FOR INSTRUCS RE DIST OF TRUST & APPROVE INTERIM ACCTG OF TTEE & PARTIAL DIST OF TRUST

TENTATIVE RULING: Appearances required at 2:30 p.m. for status.

10.  BARBER HESS, S.; MacLeod, J. for Respondent Mark Andrews, III

SHINDLEDECKER, T. for Petitioner Patricia Andrews

 

TRUST OF HELEN A ANDREWS

SPR-88617

CONT FROM 2/3/16

PTN TO REMOVE TTEE; SURCHARGE/BREACH; APPT TEMP TTEE; 1ST ACCT & RPT & APPROVAL & SETTLEMENT OF ACCT

TENTATIVE RULING: Appearances required at 2:30 p.m. for status of case.

11.  INGERSOLL, K

TRUST OF FREEMAN

SPR-88646

CONT FROM 4/7/16

RPT & ACCTG; REMOVAL OR SUSPENSION OF CO-TTES & APPT OF SUCC OR INTERIM TEE

TENTATIVE RULING: Appearances required at 2:30 p.m. for status of case.

12.  BLUESTONE, M

TRUST OF BURTON ARLAND SMITH

SPR-88902

PTN CONFIRMING SUCC TTEE; APPT OF TTEE OF SNT; CONFIRM TRUST ASSETS; APPROVE SUCC

TENTATIVE RULING: Approved.

13.  CHAMBERS, T

MTR OF JOHN GARDINER

SPR-88905

PTN DETERMINING INTEREST IN PROPERY FOR IMPOSITION OF CONSTRUCTIVE TRUST

TENTATIVE RULING: Continued to June 16, 2016, to allow Petitioner to file signed and dated proof of service showing service of the Notice of Hearing and Petition upon those entitled to notice.

14.  CAMPOPIANO, H

MTR OF WESLEY D CURRY

SPR-88915

PTN AUTHORIZING COMMUNITY PROPERTY TRANSACTIONS

TENTATIVE RULING:  Approved.  

15.  SRL

PTN OF BRIANNA DANIELLE GRESKOVIAK

SPR-88679

CONT FROM 3/30/16

CHANGE OF NAME

TENTATIVE RULING: Petition dismissed for failure to provide proof of publication.

16.  SRL

PTN OF AJATHAN JAI BURNS

SPR-88762

CHANGE OF NAME

TENTATIVE RULING: Approved.

17.  SRL

PTN OF JESSIE ZHIWEI WANG

SPR-88778

CHANGE OF NAME

TENTATIVE RULING: Approved.

18.  SRL

PTN OF YAN CUI

SPR-88779

CHANGE OF NAME

TENTATIVE RULING: Approved.

19.  SRL

PTN OF AMY JENNIFER OANDASAN

SPR-88791

CHANGE OF NAME

TENTATIVE RULING: Approved.

20.  SRL

PTN OF DANIEL THOMAS HUGHBANKS

SPR-88792

CHANGE OF NAME

TENTATIVE RULING: Approved.

21.  SRL

PTN OF DAVID ZACKERY DURST PECK

SPR-88796

CHANGE OF NAME

TENTATIVE RULING: Approved.

22.  SRL

PTN OF SUSAN ANONELLE LANE

SPR-88797

CHANGE OF NAME

TENTATIVE RULING: Approved.

23.  SRL

PTN OF MORIAH NICOLE EVANS

SPR-88800

CHANGE OF NAME

TENTATIVE RULING: Approved.

24.  SRL

PTN OF SHAYAL NIMRITA PRASAD

SPR-88807

CHANGE OF NAME

TENTATIVE RULING: Approved.

25.  FERGUSON, D

PTN OF KENNETH STEVEN DAVIS

SPR-88829

CHANGE OF NAME

TENTATIVE RULING: Approved.

26.  BERRYMAN, J

       BROWN, J

CONS OF MARGARET BEALE

SPR-86488

5TH ACCT & RPT; FEES

TENTATIVE RULING:  Approved.  Fees of co-conservator Frederick S. Beale are approved in the sum of $19,208.86.  Reimbursement to co-conservator Sarah Chapman in the sum of $747.44 previously approved is authorized.  Attorney fees are approved as prayed.  Bond in the conservatorship is reduced to $16,000.00.  Bond in the trust is reduced to $895,000.00. 

27.  SO CO PD

CONS OF GREGORY HAIMS

SPR-87100

APPT OF C’TOR; FEES

TENTATIVE RULING:  Continued to June 2, 2016 at 2:30 p.m.  Petitioner is directed to file and serve a verified declaration, no later than May 26, 2016, explaining the following items:

1.      The Taxes paid on schedule C

2.      Donation of personal property to Salvation Army and Wells Fargo Music for Children on Schedule C1

3.      Status update on Mr. Haims’ deceased wife’s estate

 

Said declaration shall also be served on the Office of the Probate Court Investigator no later than May 26, 2016.

28.  GARDNER, L

       SHINDLEDECKER, T

       STERNFELD, J

CONS OF PAMELA LAHEY HAGEN

SPR-87956

REQ FOR FEES

TENTATIVE RULING:  Approved. 

29.  DENNIS, A

       MADERIOUS, J

       NORTON, T

CONS OF CARMEN D PAGE

SPR-88074

CONT FROM 4/7/16

STATUS REPORT

TENTATIVE RULING:  Having considered the Status Report of Court Appointed Counsel filed on April 21, 2016, the court directs the parties to continue to proceed under the terms of the current visitation agreement.  Any fees incurred by either Deeana Zipperle or Sandra Beglin relating to visitation, including the cost for the services of any private fiduciary that may be retained to supervise the visits, shall be assessed as a personal expense of them, and not charged to either Carmen Page, Charles Page, or their trusts. 

30.  DOUGHERTY, M

       MONTGOMERY, K

MTR OF MELANIE A DOUGHERTY

SPR-88786

CONT FROM 4/7/16

AUTHO FOR PARTICULAR TRANS

TENTATIVE RULING:  Continued to May 12, 2016, at 2:30 p.m., at request of counsel.

31. 

CONS OF LOUIS J WATTS JR

SPR-88885

CONT FROM 4/14/16

APPT OF C’TOR (E)

TENTATIVE RULING:  Approved.

32.  NORTON, T

       DOUGHERTY, M

CONS OF MELANIE DOUGHERTY

SPR-88734

CONT FROM 4/7/16

ADD POWERS

TENTATIVE RULING:  Continued to May 12, 2016, at 2:30 p.m., at request of counsel.

 

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