Apr 24, 2017

TENTATIVE RULINGS

Probate Calendar

4/20/17 8:30 a.m. Dept. 12

Judge Bradford DeMeo

 

Dept. 12 is located at:

Hall of Justice – 600 Administration Drive

Santa Rosa, CA  95403 (2nd Floor)

 

 

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 8:45 a.m. on the day of the hearing. 

 

In accordance with CRC Rule 3.670, CourtCall is 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.  CourtCall Video is now available for remote court appearances on the Probate Calendar.

 

 

PLEASE NOTE:  ALL PROBATE ORDERS WILL BE AVAILABLE AT 2:30 P.M. ON THE DAY OF THE HEARING AT:  THE PROBATE DEPARTMENT, LOCATED AT 3055 CLEVELAND AVENUE.

 

1.   SHINDLEDECKER, T

      MCOMBER, M

CONS OF PAUL KINDIG

SPR-65041

CONT FROM 4/6/17

OSC

TENTATIVE RULING:  Appearances required to explain conservator’s failure to appear before the Court on April 6, 2017 as ordered by the Court, and for conservator's failure to prepare and file time records pursuant to Local Rules 6.5 C. 3a on or before March 28, 2017 and serve a copy on the Office of the Court Investigator as ordered by the Court on March 9, 2017. 

2.   SINIGIANI, C

      COCHRAN, R

TRUST OF JONATHAN MOORE

SPR-77062

PTN FOR INSTRUCTIONS RE R/P

TENTATIVE RULING:  Approved.

3.  

TRUST OF MILES C PIPAL

SPR-84309

ACCT & RPT, FINAL DIST

TENTATIVE RULING: The petition is approved, as follows. Trustee fees are approved in the amount of $7,621.51.

Trust expenses are reduced by $1,885.53 for inappropriate expenses, including excessive office expenses, computer repairs, chain saw repairs and parts, internet charges, phone charges, a donation to USF, and a seminar called “Dealing with Toxic People.”

 

Therefore, $3,961.80 previously distributed to Marion Hammon for trustee fees and trust expenses shall to be reimbursed to Bradford and Marlaina.

 

Bradford Pipal received trust property located at 3621 Banyan Street, Santa Rosa. Therefore, the court has ordered that Marion Hammon and Marlaina Pipal shall each get an equalizing payment of $69,166.66.

 

The court finds that the trust has expended $7,369.57 in insurance and taxes related to 3621 Banyan Street. These expenses are to be borne by Bradford Pipal.

 

Marion Hammon and Marlaina Pipal are to each obtain an equalizing payment of $21,850 for rent that should have been paid to the trust for Bradford Pipal’s use of 3621 Banyan Street.

 

Bradford has not taken $48,290.63 in distributions.

 

The court will allow a reserve of $5,000 for trust expenses. Any remaining amount shall be distributed in equal shares to the three beneficiaries.

 

The total cash on hand is $526,362.14. After removing $5,000 for a reserve and adjusting for equalizing payments, reimbursements to the Bradford and Marlaina, and for undistributed distributions, the court calculates that the following disbursements should be made: $34,656.02 to Bradford Pipal; $240,381.65 to Marion Hammon; and $246,342.47 to Marlaina Pipal. Trustee is to make the distributions immediately.

 

Petitioner is directed to submit an order that conforms to this ruling.

4.   STENEBERG, J

SNT OF ANGELO LUGO-GARCIA

SPR-84354

AUTHO FOR TTEE TO EXPEND TRUST ASSETS FOR PURCHASE OF VEHICLE & FOR ATTY FEES

TENTATIVE RULING:  The request to purchase a vehicle for the beneficiary is approved.  Attorney fees are approved in the sum of $2,217.00.  In making this determination, the Court has considered the value of the estate, the nature and difficulty of the tasks performed, the time spent, the results achieved, and the benefit to the beneficiary. 

5.   PASSALACQUA, T

EST OF OLAF E ANDERSON

SPR-85199

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Appearances are required.

 

Petitioner shall explain the apparent loss of estate property including assessor parcel numbers: 081-230-008, 081-150-064, 081-150-086, 081-140-029, 081-162-020, 081-150-082, 082-230-011, 083-010-044, 110-220-001, 083-010-028, 110-220-009, 110-220-010, 110-220-014, and 081-162-057.  

 

Petitioner shall also explain the reason for the reduction in value of assessor parcel numbers 081-230-006 and 081-230-007 by $47,000 and the lack of any cash on hand from the $44,165.06 cash distribution from Anderson Trust.

 

If a satisfactory explanation is not provided, the court will require preparation of an accounting.

 

Letters were issued in this case on January 16, 2013—over four years ago. No status report was ever filed. Pursuant to Prob. Code section 12205, the court intends to surcharge petitioner’s counsel in the amount of $13,155.00. The final report indicates that no property was sold and no assets changed form—this is not an estate that required over four years to probate. The court intends to approve attorney fees in the amount of $4,385.00.

6.  

CONS OF ALETA CHRISTINA GUTHREY-NARVESON

SPR-85572

APPT OF C’TOR [E]

TENTATIVE RULING:  Continued to May 11, 2017 at 8:30 a.m. in Department 12.

7.   NORTON, T

CONS OF DIANNE ELIZABETH BALDWIN

SPR-87817

ACCT & RPT

TENTATIVE RULING:  Approved.  Upon the filing of an ex parte petition for final discharge and order Debra J. Sharp shall be discharged as conservator of the estate.  The order has been revised to conform to this ruling.

8.   NORTON, T

      ERLACH, M

      POST, D

CONS OF JOSEPHINE PUCCI

SPR-88630

ATTY FEES

TENTATIVE RULING:  Attorney fees are approved in the amount of $11,126.00.  In making this determination, the Court has considered the value of the estate, the nature and difficulty of the tasks performed, the time spent, the results achieved, and the benefit to the conservatee.  Costs are approved in the amount of $1,233.86.  Costs for photocopies and postage are denied pursuant to SCLR 6.5D1.b.   

 

Petitioner is authorized to reimburse herself in the amount of $12,359.86 for approved attorney fees and costs advanced.  The order has been revised to conform to this ruling.

9.   SO CO PUBLIC DEFENDER

      NORTON, T

CONS OF VINCENT J DIRUSCIO

SPR-88642

1ST & FINAL ACCT, TERM OF C’SHIP, DISCHARGE OF C’TOR

TENTATIVE RULING:  Continued to May 25, 2017, at 8:30 a.m. in Department 12.

 

Petitioner is directed to file a verified declaration, no later than May 18, 2017, explaining the following:

1.     Why the first and final account was not filed in two increments pursuant to PrC§ 2620(b)

2.     Why photocopies and postage related to the conservatorship were reimbursed to the attorney when those are not reimbursable items pursuant to Local Rule 6.5 D (1) (b)

 

Petitioner and her attorney are directed to provide detailed time diaries for services provided to the conservatorship, no later than May 18, 2017.  Petitioner and her attorney are also directed to provide the amounts paid from the trust for services rendered to the conservatorship, no later than May 18, 2017.

10.   FRANCESCHINI, R

      NORTON, T

      WALD, J

CONS OF CONNIE SHELDON

SPR-88830

FEES & FOR DISCHARGE OF COURT APPOINTED COUNSEL

TENTATIVE RULING:  The petition for fees and discharge of court appointed counsel is approved.  The Court has determined that attorney fees in the amount of $4,671.00 are reasonable for the services provided.  Costs are approved in the amount of $480.00.  Other costs billed are denied pursuant to SCLR 6.5D1.b.    

11. MANWELL, M 

EST OF SCOTT VINCENT KARUZA

SPR-88965

1ST & FINAL ACCT & RPT, PTN FOR DIST

TENTATIVE RULING: The petition is approved. Fees for extraordinary services are approved in the amount of $27,911.50. The court finds that some of the work characterized as extraordinary is actually ordinary services, including secretarial services, communicating with creditors, and services relating to sales of real property that do not require legal analysis. The amount of reserve is $10,000. Due to the size of the reserve, an informal accounting will be required as specified in the Closing Reserve Schedule the court has attached to its order.

 

After consideration of the above reductions, expenses, fees, and the closing reserve, the court calculates the amount of cash on hand for distribution is $325,401.21—$81,350.30 to each beneficiary.

 

The order has been modified to conform to this ruling.

12.  BIRNIE, T

EST OF ROY OWEN BIBBY

SPR-89183

TERM OF PROCEEDINGS & FOR DISCHARGE OF SPECIAL ADMIN

TENTATIVE RULING: Approved.

13.  KELLY, J

EST OF RICHARD W BLOOD

SPR-89264

WAIVER OF ACCT & RPT, FEES

TENTATIVE RULING: The hearing on the petition is continued to May 11, 2017, at 8:30 a.m., in Department 12, to allow petitioner to provide additional information. The report must address whether there are any creditor’s claims, the amount of any commissions or fees paid, list all assets currently on hand, and provide detailed schedules of losses on sales. (Prob. Code section 10810(b), CRC, Rules 7.550(b) and 7.705(b).) Petitioner is ordered to recalculate the fee base to include losses on sales. (Prob. Code section 10810(b).) The report must also include a statement indicating that notice was given pursuant to Probate Code sections 9202(c) and 9050.

14. 

EST OF WALTRAUD G BUCK

SPR-89404

1ST & FINAL ACCT & RPT, PTN FOR FIINAL DISCHARGE

TENTATIVE RULING: The petition is approved. Costs are approved in the amount of $500. Routine expenses, including normal postage and copy fees, are covered by the fee for ordinary services. The order has been revised to conform to this ruling.

15.  CAMPOPIANO, H

EST OF CATHERINE M BEALE

SPR-089437

WAIVER OF ACCT & RPT,  ATTY FEES & FINAL DIST

TENTATIVE RULING: Approved.

16. 

EST OF FELIPA ARCINIEGA RUIZ

SPR-089863

CONT FROM 3/2/17

RE FILING AMENDED PETITION

TENTATIVE RULING: The hearing is continued to June 1, 2017, at 8:30 a.m., in Department 12.

 

Before the court may dispense with notice or authorize service under Civ. Code of Procedure § 413.30, petitioner must file a declaration describing the efforts made to locate missing heirs.  (Cal. Rules of Court, Rule 7.52(a).) Accordingly, for each heir whose address is unknown, petitioner must file a Declaration of Diligent Search (Local Form PR-7, available on the court’s website).  Additionally, petitioner must cause the Notice of Petition to Administer Estate to be published in a newspaper as specified in Probate Code § 8121.

 

Petitioner must also complete section 3g(2) of the petition indicating petitioner’s relationship to the decedent and, if applicable, include petitioner’s name on the list of heirs at Item 8 of the petition.

 

At Item 8, petitioner must include alongside the names of each heir, the relationship of each person to the decedent; e.g., “mother,” “father,” “son,” “daughter.”

 

When petitioner signs the second amended petition, the date of the signature should be included.

17.  STERNFELD, J

TRUST OF ROBERT DAVID FLIPPEN

SPR-089914

CONT FROM 3/23/17

REVIEW

TENTATIVE RULING: This case was put back on calendar at the request of counsel. Counsel may appear at the hearing if she wishes to address the hourly rate limitation added to the Court’s March 23 order.

18.  SRL

 

 

PTN OF LANCE SEITZ SMOTHERMON

SPR-089960

CONT FROM 4/6/17

CHANGE OF NAME

TENTATIVE RULING: Approved.

19.  SRL

 

 

PTN OF MORGAN RICHARD HUGUET

SPR-089973

CONT TO FROM 4/6/17

CHANGE OF NAME

TENTATIVE RULING: Approved.

20.  SIEDMAN, J

TRUST OF PATRICIA GREER

SPR-089985

PTN TO TERMINATE IRREVOCABLE TRUST

TENTATIVE RULING: Approved.

21.  FERGUSON, D

TRUST OF ZAPARANUK FAMILY

SPR-089986

PTN CONFIRMING ASSET IN TRUST

TENTATIVE RULING:  The Petition for Order Confirming Asset in Trust is approved in part and denied in part.  The Court finds that the assets actually listed on Scheduled A to the Trust are part of the trust estate and are confirmed as assets of the trust.  The Met Life Stock account # C0060817057 is not listed in any document indicating that it is a part of the trust estate.  A pour over will alone is not sufficient under Heggstad, or it’s progeny, to support a finding that an unnamed/unlisted asset is a part of the trust estate.  Further, the trust language referring to the trust estate, and Schedule A, does not include language similar to that in the case of Ukkestad v. RBS Asset Finance, Inc. (2015) 235 Cal. App. 4th 156.  Unfortunately, the Met Life Stock account requires probate through the pour over will. Petitioner is directed to submit and order that conforms to this ruling.

22.  SRL

PTN OF MARGARET ANN RUCH

SPR-089992

CHANGE OF NAME

TENTATIVE RULING: Approved.

23.  WARGO, R

TRUST OF KAGEN KYLE DAVIS

SPR-090012

APPT OF TRUSTEE

TENTATIVE RULING: Approved.

24.  NAUMAN, D

EST OF THOMAS HENDERSON

SPR-090014

PROBATE OF WILL & ADMIN WWA

TENTATIVE RULING: Approved.

25.  COPENHAVER, E

EST OF ALLAN DEWAYNE STOVALL

SPR-090022

 

LTRS OF ADMIN

TENTATIVE RULING: Approved.

26.  ALBERIGI, L

TRUST OF GARY A ROBERTS AND JAN L VOLK

SPR-090024

PTN TO CONFIRM ASSET TO TRUST

TENTATIVE RULING: Approved.

27.  SRL

PTN OF WELDAB UCBAHANES

SPR-090025

CHANGE OF NAME FOR MINOR

TENTATIVE RULING: As proof of publication was not filed five court days prior to the hearing (Local Rule 6.2(D)(4)), the hearing is continued to May 25, 2017, to allow petitioner to file proof that the petition was published in a local newspaper as required by Cal. Civil Code of Procedure section 1277(a)(2).

28.  MACKAY, B

MTR OF ETHEL W. SHIPP

SPR-090027

PTN AUTHORIZING PARTICULAR TRANSACTION TRFRG ASSET TO PTR & ENLARGING COMM SPOUSE RESOURCE ALLOW; INCREASE MONTHLY INCOME FOR THE SUPPORT OF THE COMM REGISTERED DOMESTIC PARTNER

TENTATIVE RULING:  Approved.

29.  MACKAY, B

EST OF CAROL WADE LUNDBERG

SPR-090028

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: The petition is denied. Petitioner has not established that the investment accounts were community property and decedent’s will leaves all of her estate to the trustee of the Lundberg Family Trust.

30.  FISHER, R

TRUST OF WARNER M WILSON

SPR-090032

APPT SUCC TTEE OF SUB-TRUSTS

TENTATIVE RULING:  Approved. 

31.  SRL

PTN OF ISAIAH JAMES RAMIREZ

SPR-090035

CHANGE OF NAME

TENTATIVE RULING: Approved.

32.  O’DONNELL, D

EST OF JESSICA HUTTEN MERRIFIELD

SPR-090053

PROBATE OF WILL

TENTATIVE RULING: Approved.

33.  HARRINGTON, A

EST OF THOMAS EDWARD AHERN

SPR-090062

LTRS OF ADMIN

TENTATIVE RULING:  Continued to May 18, 2017 at 8:30 a.m. in Dept. 12, pursuant to the amended notice filed on April 13, 2017.

34.

 

 

Matter of Douglas A Brusocao & Kimberly A Sanders

SPR-090196 

Ptn to Establish Fact of Marriage

 

TENTATIVE RULING: Approved.

 

 

 

 

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