Sep 24, 2018

TENTATIVE RULINGS

 

Probate Calendar

Thursday, September 20, 2018, 2:30 p.m. – Hon. René Auguste Chouteau

Courtroom 18, 3055 Cleveland Avenue, Santa Rosa

 

Probate matters will be heard as follows: 

 

Law & Motion Calendar: Wednesday at 3:00 p.m. in Courtroom 18

Probate Calendar: Thursday at 2:30 p.m. in Courtroom 18

Limited Conservatorship Calendar: Friday at 1:30 p.m. in Courtroom 15 

 

Courtroom 18 is located at the Civil and Family Law Courthouse:

3055 Cleveland Avenue, Santa Rosa, California 95403

 

Courtroom 15 is located at the North end of the Hall of Justice:

600 Administration Drive, Santa Rosa, California 95403

 

 

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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, 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.

1.  SMITH, M

CONS OF MARCUS P MEDIEROS

SPR-57219

REVIEW

TENTATIVE RULING:  Appearance required at 2:30 p.m. The conservator of the person shall be prepared to speak on the following issues:

 

1.  The overall health status of Marcus Medieros as it pertains to:

           a.  Medical appointments

           b.  Dental appointments

 

2.  The ongoing health regimen for Mr. Medieros

 

3.  The conservator of the person shall complete and file GC-355—Determination of Conservatee’s Appropriate Level of Care by October 18, 2018.

 

2.  HAEUSER, T

SNT OF BRADLEY DREYER

SPR-82027

CONT FROM 8/23/18

4TH ACCT & RPT

TENTATIVE RULING: Approved. Bond increased to $177,500.00. Attorney fees are approved in the amount of $1,890.00.  In making this determination, the Court has considered the nature and difficulty of the tasks performed, the time spent, the results achieved, and the benefit to the conservatee.

 

3.  LIPPMAN, E

CONS OF BARRY HETTICK

SPR-84184

ACCT & RPT

TENTATIVE RULING:  Continued to September 27, 2018, for further review.

 

4.  DENNIS, A

     NOBLE, B

     ZATMAN, M

TRUST OF VERA VIOLET WUNSCH

SPR-85914

TRUST PETITION

TENTATIVE RULING: Approved.

 

5.  RAINONE, D

     ADAMS, W

TRUST OF MARILYN M SALATA

SPR-87801

ACCT & RPT

TENTATIVE RULING:  Continued to September 27, 2018, for further review.

 

6.  ADAMS, B

EST OF FRANCES L HINES

SPR-089803

STATUS UPDATE

TENTATIVE RULING: Appearances required.

 

7.  BABB, S

     INGERSOLL, K

MATTER OF WILMA I HARRIS

SPR-090047

TRUST PETITION

TENTATIVE RULING: The petition is approved. Bond will be required in the amount of $40,000. (CCP § 917.1.)

 

8.  JEPPSON, R

EST OF VAL P PELINE

SPR-091003

FINAL DIST

TENTATIVE RULING: Approved.

 

9.  PONDOLFINO, S

EST OF BRYCE SORLIEN

SPR-091010

ACCT & RPT

TENTATIVE RULING: The hearing is continued to October 11, 2018, at 2:30 p.m., in Department 18. Petitioner is directed to file an amended accounting which includes: 1) an account summary; 2) assets on hand at the beginning of the period; and 3) assets on hand at the end of the period. (See Prob. Code sections 1061-1063.) Petitioner should also explain the nature or purpose of the “DCM/Chase Credit Card” entries on 7/02/18.

 

Unless authority is provided supporting petitioner’s request for reimbursement of funeral expenses, the court must deny the request as no timely creditor claim was filed. (See Prob. Code section 9000(a)(3).)

 

The court also intends to allow reserve in the amount of $2,000 unless further explanation is provided demonstrating the need for a higher amount.

 

10. CHAMBERS, T

TRUST OF HANS HOOGENDOORN

SPR-091443

CASE MANAGEMENT CONFERENCE

TENTATIVE RULING: Appearances required.

 

11. SRL

PTN OF MAYRA ESCOBEDO

SPR-091502

CHANGE OF NAME

TENTATIVE RULING:  The hearing is continued to Thursday, October 25 at 2:30pm in Department 18 to allow petitioner to file proof of that the order to show cause or notice of time and place of the hearing has been served at least 30 days before the hearing on the grandparent identified in the petition, or that the grandparent is no longer living.   Code of Civil Procedure 1277(e)(2) states, in cases where a guardian is bringing the petition, “If either or both parents are deceased or cannot be located, the guardian shall cause, not less than 30 days before the hearing, to be served a notice of the time and place of the hearing or a copy of the order to show cause on the child's grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or 415.40.”

 

12. CAMPOPIANO, H

SNT OF PERRY LEE SIMMS

SPR-091714

TRUST PETITION

TENTATIVE RULING: The hearing is continued to October 18, 2018, at 2:30 p.m., in Department 18, to allow petitioner to file additional information.  The Department of Health Care Services, Special Needs Trust Unit, has filed a creditor’s claim. Petitioner must address this claim. Additionally, a statement of compensation must include facts establishing what services were performed, how compensation is charged; i.e., the hourly rate or flat rate of compensation, and sufficient information for the court to be able to analyze the reasonableness of the rate and the amount of time devoted to the matter.

 

13. PARRISH, M

TRUST OF CLIFFORD STANLEY COULL AND MARILYN DENISE COULL

SPR-091718

TRUST PETITION

TENTATIVE RULING: Approved.

 

14. NORTON, T

      ZATMAN, M

EST OF ALBERT E GERHARDT

SPR-091722

PROBATE OF WILL

TENTATIVE RULING: Appearances required.

 

15. HATCHER, W

TRUST OF RUTH M SCOTTO

SPR-091735

TRUST PETITION

TENTATIVE RULING: If proper proof of service is filed by the time of the hearing showing service compliant with Prob. Code section 851(c), the petition will be approved. Otherwise, the matter will be denied without prejudice.

 

16. NORTON, T

      ZATMAN, M

TRUST OF ALBERT E GERHARDT, JR AND PATRICIA A GERHARDT

SPR-091754

TRUST PETITION

TENTATIVE RULING: 1. Petition to Recognize the Decedent’s Testator’s Intent to Amend the Trust:

 

The petition fails to provide authority that would allow the court on the facts presented to amend the trust to provide a specific gift to the petitioner. The hearing is continued to November 15, 2018, to allow petitioner time to file an amended petition with additional facts or to provide the court with authority that would allow the court to grant the petition under the facts as currently alleged.

 

2. Petition for order confirming trust assets:

 

The petition is denied. The evidence and argument provided fails to establish that the decedent intended his 32% interest in the sale proceeds of real property located on Stoetz Lane to be a trust asset. The only evidence provided by the petitioners is that in 2015 the decedent sold trust property as the trustee of The Albert E. Gerhardt, Jr. and Patricia A. Gerhardt Revocable Trust and, as such, labeled himself as the trustee in the promissory note. However, while he put 86% of the proceeds in the Exemption Trust, even by 2017 he had failed to indicate any intention that his 32% interest in the proceeds should be a trust asset. Rather, he placed those proceeds into a separate bank account which was not labeled or listed in any way as being a trust asset.

 

17. SRL

PTN OF MARISOL N PACHECO

SPR-091768

CHANGE OF NAME

TENTATIVE RULING: This petition was continued from August 2, 2018, to allow petitioner to publish in a local newspaper as required by Civil Code of Procedure section 1277(a)(2) and to file proof of service of the Order to Show Cause on the non-consenting parent of the minor as required by Cal. Civil Code of Procedure section 1277(a)(4). The court has still not received proof of publication or proof of service as requested. This case is dismissed for failure to comply with the Probate Code requirements for publication and notice. 

 

18. GULLOTTA, E

TRUST OF DANNYE A DE LORENZO

SPR-091817

TRUST PETITION

TENTATIVE RULING: The hearing is continued to October 25, 2018, at 2:30 p.m., in Department 18. All statements of compensation must contain sufficient information for the court to be able to analyze the reasonableness of the rate and time devoted to the matter. Statements such as “Legal services related to other trust administration matters; $85,149.83” are woefully inadequate. Time records and hourly rates must be provided to support the statement of facts.

 

19. ALBERIGI, L

EST OF RONALD JOSEPH FOPPOLI

SPR-091867

PROBATE OF WILL

TENTATIVE RULING: The court has been informed that the petitioner intends to file a request for dismissal of this action.

 

20. BABB, S

EST OF LINDA J LYNN

SPR-091885

TRUST PETITION

TENTATIVE RULING: The court finds that decedent’s property located at 2833 Bristol Road, Kenwood, is a trust asset. Therefore, the insurance proceeds consisting of $306,664.88 are trust property. Petitioner is directed to submit an order conforming to this ruling.

 

21. CAMPOPIANO, H

TRUST OF JEANNE FERROGGIARO

SPR-091912

TRUST PETITION

TENTATIVE RULING: Approved.

 

22. SRL

PTN OF JESSICA CARTER-LEE

SPR-091913

CHANGE OF NAME

TENTATIVE RULING: Petition approved.

 

23. GULLOTTA, E

EST OF VALERIE SUSAN FIGARD

SPR-091921

LTRS OF ADMIN

TENTATIVE RULING: The petition is approved. 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.

 

24. SRL

PTN OF LYNDA BALDWIN SAINT-MARTIN

SPR-091941

CHANGE OF NAME

TENTATIVE RULING: Petition approved.

 

25. MILKS, J

EST OF KATHLEEN ERNESTINE INGRAM

SPR-091943

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. 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.

 

26. ZATMAN, M

EST OF ROBERT F BROWN

SPR-091949

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. 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.

 

27. RASLA, P

TRUST JOSEPHINE C CAMAUR

SPR-091957

TRUST PETITION

TENTATIVE RULING: The petition is continued to October 11, 2018, at 2:30 p.m., in Department 18. The petition must allege facts establishing the basis of jurisdiction in California. Jurisdiction over trustees is based upon a trustee accepting the trusteeship of a trust having its principal place of administration in this state. There are no facts establishing that, upon becoming irrevocable, the trust was administered in this state.

 

28. SRL

PTN OF JESSICA LAUREN BASHAM

SPR-091959

CHANGE OF NAME

TENTATIVE RULING: Petition approved.

 

29. COREY, E

TRUST OF WARREN W JOHNSEN & DORIS D JOHNSEN

SPR-091960

TRUST PETITION

TENTATIVE RULING: Continued to October 18, 2018, at 2:30 p.m., in Department 18.  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, if possible, otherwise by telephone conference, before any hearing of the contested petition.  If such resolution is not possible, then each party shall file a Statement of Issues at least five (5) court days before the hearing. 

 

30. SRL

PTN OF JAIN FAIRFAX LANGSTON

SPR-091962

CHANGE OF NAME

TENTATIVE RULING: Petition approved.

 

31. SRL

PTN OF JOSEPH CHURCHILL & GENEVEIEVE CHURCHILL

SPR-091971

CHANGE OF NAME

TENTATIVE RULING: Petition approved.

 

32. SONIN, B

EST OF MYRTLE MESSMER

SPR-091992

DETERMINE SUCCESSION TO R/P

TENTATIVE RULING: Approved.

 

33. GULLOTTA, E

TRUST OF THOMAS D CORDELLOS

SPR-091994

TRUST PETITION

TENTATIVE RULING: Approved.

 

34. PASSALACQUA, T

TRUST OF PHILIP EDMONDS & SHEILA EDMONDS

SPR-092002

TRUST PETITION

TENTATIVE RULING: The hearing is continued to October 25, 2018, at 2:30 p.m., in Department 18, to allow petitioner to either provide declarations from the beneficiaries expressing their understanding of the consequences of the amendment and consenting thereto; or, to draft a letter specifying the consequences and providing proof of service of the letter on all beneficiaries. Petitioner must also file proof of service of the notice of hearing.

 

35. BROWN, D

EST OF RAYA GARWOOD

SPR-092050

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. 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.

 

36. HOPFER, L

CONS OF CHARLENE GRAY

SPR-092054

APPT OF C’TOR

TENTATIVE RULING: Continued to October 4, 2018, for the filing of the capacity declaration.

 

37. COOKE, N

CONS OF LUTHR A NICHOLS

SPR-092057

APPT OF C’TOR

TENTATIVE RULING:  Continued to October 18, 2018, at 2:30 p.m.

 

Objections have been filed and pursuant to SCLR 6.2G, 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, before any hearing of the contested petition. If such resolution is not possible, then each party shall file a Statement of Issues at least five (5) court days before the hearing. The Statement of Issues shall be filed on or before October 11, 2018, and served on the Office of the Court Investigator, on or before October 11, 2018.

 

38. NORTON, T

EST OF JOSEPHINE PUCCI

SPR-092060

LTRS OF ADMIN

TENTATIVE RULING: The petition is approved. 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.

 

Kelly

39. CARLE, W

EST OF ERICK KENNETH ERICKSON

SPR-092072

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. 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.

 

40.  SINIGIANI, C

       ROTHBERG, S

TRUST OF LLOYD CURTIS & JANET C. CURTIS

SPR-092092

PTN FOR INSTRUCS

TENTATIVE RULING: Upon filing proof of service that the ex parte order setting the hearing for this matter was served upon the beneficiaries or a consent declaration of all beneficiaries, the petition will be approved.

 

41.  HANDELMAN, A

       CUTLER, W

 

ADD ON

TRUST OF ARVO W KANNISTO

SPR-091917

CONT FROM 9/13/18

TENTATIVE RULING: The court will order an initial inspection of the trust real property by independent inspector, Robert Armini, if he consents, or by another professional building inspector or property appraiser if he does not. Subsequent inspections should take place not more frequently than every two years unless otherwise ordered by this court. An independent professional inspector chosen by respondent shall conduct the subsequent inspections. All inspection fees shall be paid by the trust.

 

Appearances are required to discuss petitioner’s request for financial documents. The petitioner should be ready to identify all accounts that he alleges are subject to trust control for which he wants financial documents.

 

 

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