Jul 28, 2016

TENTATIVE RULINGS

Probate Calendar

7/28/16 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.  FESLER, A

EST OF LEOPOLD NUNEZ

SPR-89163

PROBATE OF WILL

TENTATIVE RULING: The petition is continued to September 1, 2016, to allow petitioner to file an amended petition requesting to probate the decedent’s estate intestate as the will was not fully executed.

2.   ALBERIGI, L

EST OF MARGIT ERIKA PESTA

SPR-89167

PROBATE OF WILL

TENTATIVE RULING: Approved.

3.   BIRNIE, T

EST OF ROY OWEN BIBBY

SPR-89183

PROBATE OF WILL

TENTATIVE RULING: Continued to August 18, 2016, to be heard alongside the Petition for Appointment of Special Administrator.  

4.   HARRIS, C

EST OF JAMES MITCHELL WOODS

SPR-89188

LTRS OF ADMIN

TENTATIVE RULING: Approved.

5.   CULLIGAN, S

EST OF MARIA TERESA ANDRADE-SILVEIRA

SPR-89192

PROBATE OF WILL & ADMIN WWA

TENTATIVE RULING: Approved.

6.   WARD, T

EST OF JANICE M SCIAINI

SPR-49992

CONT FROM 5/26/16

TRIAL SETTING CONFERENCE

TENTATIVE RULING: The matter is continued to August 11, 2016, at 2:30 p.m. to allow the parties to obtain needed signatures on the settlement agreement.

7.   EBERTS, A. for Objector Marlin Olsen

      WERTZ, A. for Petitioner Melinda Zepponi

EST OF BEVERLY J OLSEN

SPR-87754

CONT FROM 5/26/16

ORDER OF EXAMINATION

TENTATIVE RULING: The court has been informed that the parties have settled this case; therefore, this matter is dropped.

8.   PUGH, J

EST OF RICHARD H STEINHART

SPR-88040

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved.

9.   KELLY, J

EST OF JAMES TIBEY

SPR-88128

FINAL DIST, FEES

TENTATIVE RULING: Approved.

10.  FAGEL, B

       SCHOEL, B

MENDEZ V ST JOSEPH HEALTH

SCV-255134

CONT FROM 5/26/16

STATUS REPORT

TENTATIVE RULING: The Court takes notice of the federal court ruling in Case No. 14-cv-04654-JST dated June15, 2016, filed herein on June 20, 2016, establishing the Yared Mendez Special Needs Trust and granting this court jurisdiction thereof.   The petition filed herein on March 23, 2016, as it applied to the Special Needs Trust only, is therefore granted as all other issues are dealt with by the federal court.  The first accounting shall be due on June 15, 2017; one year from the dated the Special Needs Trust was established by the federal court.  Authority to expend up to $75,000.00 to purchase and modify a van for the use and needs of the beneficiary is granted.  Counsel shall prepare an order in conformance with the Court’s order. 

11.  WIGDAHL, L

EST OF MACKIE W ROTH

SPR-78248

1ST ACCT & RPT OF SUCC TTEE; PTN FOR SETTLEMENT ALLOWANCE OF TTEE’S COMP; CONTINUATION OF CONVERSION TO UNITRUST

TENTATIVE RULING: Approved.

12. 

TRUST OF SHARRON KATHLEEN HELLMAN

SPR-83333

FIANL ACCT & PROPOSED DIST

TENTATIVE RULING: Continued to September 1, 2016, at the request of counsel.

13.  ANDREWS, W. and Hess, Stephanie for Objectors Scott and Steve Freeman

       BABB, S and INGERSOLL, K. for Petition Kevin and Melissa Freeman

TRUST OF FREEMAN

SPR-88646

CONT FROM 5/5/16

PTN TO APPROVE CO-TTEES DISCRETIONARY DECISION TO SELL TRUST R/P&RESOLVE CLAIMS

TENTATIVE RULING: Appearances required for case status.

14.  MANWELL, M

       SCHEER, S

EST OF SCOTT VINCENT KARUZA

SPR-88965

CONDITIONAL OBJ TO SALE OF R/P & DIRECTING PR & EST TO ACCT RE USE & LOCATION OF COLLATERAL & TO RESTRAIN FURTHER USE

TENTATIVE RULING: Continued to September 1, 2016, per stipulation of the parties.

15.  INGERSOLL, K. and NORTON, T for Trustee Margaret England

TRUST OF RUDOLPH L JUAREZ

SPR-89042

CONT FROM 6/23/16

PTN TO CONFIRM TRUST PROP

TENTATIVE RULING: The Petition to Confirm Trust Property brought by Margaret M. England to confirm that property located at 902 S. Westchester Drive in Anaheim is the property of the Rudolph L. Juarez Trust, dated February 2, 2014, is denied. The subsequent declaration in The Rudolph L. Juarez Trust dated October 20, 2009, executed on April 27, 2015, is sufficient to create a trust over the Westchester Drive property. (Prob. Code section 15200(a).) Therefore, the Westchester Drive property is an asset of The Rudolph L. Juarez Trust dated October 20, 2009, executed on April 27, 2015.

16.  CORSS, R. and PEROTTI, M. for Petitioner Jeremy Grant

TRUST OF ANNA DARDEN

SPR-89150

PTN COMPELLING TTEE TO ACCT & REMOVE TTEE DUE TO BREACH OF FID DUTY; APPT PPF AS SUCC TTEE

TENTATIVE RULING: Per stipulation, this matter is continued to September 22, 2016.

17.  CHITSAZ, H. for Petitioner John Cuneo

       Pro per Objector Susan Larsen

TRUST OF ELAINE E LEGNITTO

SPR-89161

PTN FOR ELDER ABUSE; BREACH OF TRUST; REMOVAL OF TTEE & FOR AN ACCTG

TENTATIVE RULING: Appearances required.

18.  KUNKLE, B

       LILLIGREN, M

TRUST OF ROGER & BARBARA MILLER

SPR-89175

PTN CONCERNING INTERNAL AFFAIRS OF TRUST & IMPOSE CONSTRUCTIVE TRUST

TENTATIVE RULING: The petition is continued to September 8, 2016, at 2:30 p.m. to allow the parties to participate in mediation.

19.  DENNIS, A. for Petitioner

TRUST OF WILLIAM MCCALL

SPR-89201

PTN TO TERMINATE TRUST

TENTATIVE RULING: The petition to terminate the Trust of William McCall is denied. The material purpose of the trust is to provide income to the beneficiaries over twenty years after the death of the settlor and to have Carol Schmeirer, of Fiduciary Resources, act as an investment counselor and adviser to the trustees regarding trust assets. Petitioners have not indicated how immediate distribution outweighs the interest in accomplishing a material purpose of the trust. (Prob. Code section 15403(b).) Additionally, Carol Schmeirer appears to be a beneficiary under the trust as the trust document requires the trustees to employ her. She has not been given notice of this proceeding. (Prob. Code section 17203.)

20.  MCCULLOUGH, K. for Petitioner

TRUST OF REGINA PICK

SPR-89205

VERIFIED PTN APPTG TTEE & DISTRIBUTING PROPERTY

TENTATIVE RULING: The hearing is continued to September 15, 2016, to allow petitioner to provide proper notice. (Prob. Code sections 851, 17200.1, 17203.)

21.  CAMPOPIANO, H. for Petitioner Shelley Ocaña

TRUST OF ELSA LOUISE WALKER

SPR-89218

PTN TO DETERMINE INTERNAL TRUST MATTERS

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

22.  SRL

PTN OF MAXWELL PIERCE SCHERLER

SPR-89140

CHANGE OF NAME

TENTATIVE RULING: Approved.

23.  SRL

PTN OF ERWIN FRANCISCO CARDENAS RODRIGUEZ

SPR-89143

CHANGE OF NAME

TENTATIVE RULING: Approved.

24.  SRL

PTN OF KIM WELLS FOSTER

SPR-89153

CHANGE OF NAME

TENTATIVE RULING: Approved.

25.  SRL

PTN OF HAYLEE NICOLE REYNOLDS

SPR-89160

CHANGE OF NAME

TENTATIVE RULING: Approved.

26.  SRL

PTN OF ASHLEY MORALES

SPR-89166

CHANGE OF NAME

TENTATIVE RULING: Approved.

27.  JONAS, C

CONS OF JOHN GALLAGHER

SPR-77508

CONT FROM 7/14/16

6TH ACCT & RPT, FEES

TENTATIVE RULING:  The sixth account and report is approved.  Attorney fees are approved in the amount requested.  Costs are approved in the amount of $953.35.  The Court finds that postage and copying costs are part of normal overhead and are not approved.   

 

Conservator fees are approved in the amount of $3,180.80.  Costs in the amount of $72.00 are denied per SCLR 6.5D(1)(b).  The order has been revised to conform to this ruling. 

28.  WIGDAHL, L

SNT OF ANNE MCSTRAVICK

SPR-81658

2ND ACCT & RPT, FEES

TENTATIVE RULING:  Approved.  Pursuant to CRC Rule 7.903(d) the trustee shall not be required to file accounts and reports for court approval so long as the assets of the Special Needs Trust remain below $20,000.00. 

29.  WATSON, T

CONS OF BETTY COOLEY

SPR-83588

CONT FROM 6/30/16

3RD ACCT & RPT, FEES

TENTATIVE RULING:  Continued to August 11, 2016 at 2:30 p.m. to allow further review.

30.  HANN, S

CONS OF FIONA N ALLAN

SPR-86011

CONT FROM 6/30/16

ACCT & RPT, FEES

TENTATIVE RULING: Having read and considered the Court Investigator’s PrC§1851 report, filed, July 20, 2016 and the conservator’s response thereto, the Court orders the following to be filed on or before September 7, 2016:

1.     Conservator shall prepare and file and amended or corrected Inventory and Appraisal.

2.     Conservator shall prepare and file a supplement to the petition as currently amended to include a bond   calculation as required by CRC Rule 7.207.

3.     Conservator shall file a petition for the appointment of a successor conservator.

4.     Conservator shall file and tender her proposed resignation as conservator, subject to the Court’s    appointment of a successor conservator.

Copies of all documents to be served on the Office of the Court Investigator.  This matter is continued to September 29, 2016 at 2:30 p.m. in Department 18. 

31.  SO COUNTY COUNSEL

       SO CO PD

CONS OF JOYCE FINCHER

SPR-89253

APPT OF C’TOR

TENTATIVE RULING:  The Sonoma County Public Guardian is appointed conservator of the person and estate with the powers requested.

32.  STERNFELD, J

CONS OF HELEN VIDU

SPR-89273

APPT OF TEMP C’TOR

TENTATIVE RULING:  The petition for appointment of a temporary conservator of the person and estate is denied. The Court finds no urgent situation requiring immediate intervention to ensure the proposed Conservatee’s well-being.

 

© 2016 Superior Court of Sonoma County