Mar 02, 2015

TENTATIVE RULINGS

Probate Calendar

2/25/15 8:30 a.m.

Courtroom 18 – Hon. Philip A. Champlin

 

 

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, 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. 

 

ANNOUNCEMENTS: 

 

1.      There is no probate calendar on March 25.

 

2.      The Court reminds attorneys that, effective January 1, 2015, waivers of bond in decedents’ estates must be made on the new Judicial Council Form DE-142 (“Waiver of Bond by Heir or Beneficiary”).  The Judicial Council has designated the new form as a mandatory form.    

 

1.  ANDREWS, W

     NOBLE, B

EST OF ETHEL AGUILAR

SPR-85263

PROBATE OF WILL

TENTATIVE RULING: Approved. 

2.  OLSEN, S

EST OF RUTH ALVA BROADWELL

SPR-86436

PROBATE OF WILL & ADMIN WWA

TENTATIVE RULING: Approved. 

3.  JOHNSTON, R

     THOMAS, R

EST OF DOUGLAS J MAURY

SPR-87548

PROBATE OF WILL

TENTATIVE RULING: Approved. 

4.  CARLSTROM, E

EST OF BRUCE VAN DYK

SPR-87227

CONT FROM 1/21/15

LTRS OF ADMIN

TENTATIVE RULING: Continued to April 8 at 8:30 a.m., at request of the probate examiner.           

5.  EASON, M

EST OF BEVERLY JEAN ECUYER

SPR-87404

LTRS OF ADMIN

TENTATIVE RULING: Approved. 

6.  JAY, L

EST OF ROGER T HOVLAND

SPR-87507

LTRS OF ADMIN

TENTATIVE RULING: The petition for letters of administration is continued to April 1 at 8:30 a.m.  The petition to waive appraisal of 1997 pickup truck, household goods and personal items is continued to April 8 at 8:30 a.m.

7.  BORBA, J

     FLITNER, J

EST OF ROBERT H HEINSEN

SPR-86043

CONT FROM 1/28/15

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Continued to April 1 at 8:30 a.m., at request of the probate examiner.           

8.  SRL

EST OF MICHAEL LACEY

SPR-86633

CONT FROM 1/21/15

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved. 

9.  BLONDSKI, K

     GARDNER, L

EST OF ELMO G PASQUINELLI

SPR-86644

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

10.  SRL

EST OF MICHAEL A RICKS

SPR-86857

ACCT & RPT, FINAL DIST

TENTATIVE RULING: Approved. 

11.  PASSALACQUA, R

EST OF EDWARD RALPH HAYES III

SPR-86881

WAIVER OF ACCT & RPT, FINAL DIST, FEES

 

TENTATIVE RULING: Approved. 

12.  WILSON, J

EST OF JUDITH ANNE LATENDRESSE

SPR-87005

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

13.  HESS, S

       WARGO, R

       WILSON, E

       MONTGOMERY, R

DEL CONTE FAMILY SURVIVOR’S TRUST

SPR-86091

CONT FROM 2/4/15

PTN FOR REMOVAL OF TTEE & APPT OF REPLACEMENT TTEE; TERM TRUST & DIST TRUST ASSETS

TENTATIVE RULING: Continued to April 22 at 8:30 a.m., by agreement of counsel.

14.  DENNIS, A

       FISHMAN, W

GLORIA A BERGER

INTERVIVOS TRUST

SPR-87151

CONT FROM 2/11/15

PTN FOR REMOVAL OF TTEE & IMMEDIATE SUSPENSION OF POWERS, APPT SUCC TTEE, FOR SURCHARGE OBJ TO ACCTG

TENTATIVE RULING: Appearances are required at 8:30 a.m. on the petition for removal of trustee and immediate suspension of powers, etc.

15.  HESS, S

       MACLEOD, J

       HESS, S

       THOMAS, R

       SINIGIANI, C

       ANDREWS, W

NONEXEMPT QTIP TRUST OF DONALD SMOTHERS

SPR-87432

1ST ACCT & RPT OF TTEE

TENTATIVE RULING: Continued to March 4 at 8:30 a.m., by agreement of counsel.

16.  HESS, S

       MACLEOD, J

       HESS, S

       THOMAS, R

       SINIGIANI, C

       ANDREWS, W

EXEMPT QTIP TRUST OF

DONALD SMOTHERS

SPR-87433

1ST ACCT & RPT OF TTEE

TENTATIVE RULING: Continued to March 4 at 8:30 a.m., by agreement of counsel.

17.  HARRIS, C

EST OF JEAN E MATHEVET-FEMLING

SPR-87436

PTN TO CONFIRM TITLE OF TRUST PROPERTY

TENTATIVE RULING: A request for dismissal of the petition was filed on February 20, 2015, and the matter is dropped from the calendar.

18.  DAVIS, A

MARYANNE H NEILL FAMILY TRUST

SPR-87503

PTN TO DECLARE R/P PART OF TRUST

TENTATIVE RULING: Approved. 

19.  ADAMS, B

VANDEN HEUVEL REVOCABLE TRUST

SPR-87514

PTN TO ESTAB CLAIM OF OWNERSHIP TO PROPERTY

TENTATIVE RULING: Approved. 

20.  WILSON, E

       DENNIS, A

CORRIGAN FAMILY TRUST

SPR-87537

PTN TO REMOVE TTEE & APPT SUCC TTEE & FOR ACCTG & FEES

TENTATIVE RULING: Continued to April 1 at 8:30 a.m., for compliance with Probate Code § 17203.

21.  SRL

PTN OF IGNACIO ALFARO ZARAGOZA

SPR-87459

CHANGE OF NAME

TENTATIVE RULING: Approved. 

22.  SRL

PTN OF JOSAIAH EDGAR PEREZ

SPR-87461

CHANGE OF NAME

TENTATIVE RULING: If proof of publication and proof of personal service of the Order to Show Cause on the minor’s other parent (or declaration of diligent search) are filed prior to the hearing date, the petition is approved.  If not, the matter is continued to April 8 at 8:30 a.m., at which time the Court will dismiss the petition if the required documents have not been filed.   When one parent petitions for a name change for a minor child or children, and the other parent, if living, does not sign the petition, the non-consenting parent must be served personally no less than 30 days prior to the hearing with a copy of the Order to Show Cause, pursuant to CCP § 1277(a).  A completed Proof of Service of Order to Show Cause (Form NC-121) must also be filed with the court prior to the hearing date.

23.  SO C PD

CONS OF LINDA STUBBLEBINE

SPR-79250

TERM OF C’SHIP

TENTATIVE RULING:  Having reviewed the Report of Court Appointed Counsel for the conservatee, filed on February 18, 2015, the Court terminates the conservatorship of the person and estate of Linda Stubblebine.  The Office of the Probate Court Investigator is directed to submit an order that conforms to this ruling. 

24.  ELZI, C

       MACKAY, B

CONS OF MARCIA SULLIVAN

SPR-82630

CONT FROM 2/11/15

3RD ACCT & RPT, FEES

TENTATIVE RULING:  Continued to April 8, 2015, at 8:30 a.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 and ADR Information Sheet at least five (5) court days before the hearing.  The Statement of Issues shall be filed on or before April 1, 2015, and served on the Office of the Court Investigator, on or before April 1, 2015.  

25.  MACKAY, B

CONS OF TAMARA STOCK

SPR-85689

CONT FROM 2/11/15

1ST ACCT & RPT, FEES, TERM OF C’SHIP

TENTATIVE RULING:  The conservatorship of the person and estate is terminated.  Attorney fees are approved in the amount requested, less $38.00 for compensation for the services of a paralegal.

The first account and report is continued to April 8, 2015, at 8:30 a.m.  Petitioner is directed to discuss the accounting with Ms. Stock and either file, on or before April 1, 2015, an amended accounting that complies with the probate code or a verified declaration explaining irregularities in the accounting as set forth in the Report of the Court Investigator.  As Ms. Stock has now been restored, the Court will be satisfied if Ms. Stock waives further accounting.  Counsel is directed to submit an order that conforms to this ruling.

26.  SMITH, K

GDN OF RILEY REGULAR

SPR-87377

CONT FROM 1/21/15

APPT OF GDN [E]

TENTATIVE RULING:  Appearances are required at 8:30 a.m. in Department 18 in view of the Court’s ruling of January 21, 2015. 

27.  SRL

EST OF RENEE A SULLIVAN-WEAVER

SPR-87516

CONT FROM 2/18/15

LTRS OF ADMIN

TENTATIVE RULING: Approved. 

 

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