Sep 25, 2016

TENTATIVE RULINGS

Probate Calendar

9/22/16 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 Sonoma Co. Public Def.

Arack, G

CONS OF DAN SEBASTIAN CARPADUS
SPR47963

Termination of Conservatorship

Cont. from 9/8/2016

TENTATIVE RULING: Continued to October 27, 2016, at 2:30 p.m. in Department 18.

2 Sinigiani, C

EST OF NANCY HENSHAW

SPR70560

12th Acct & Rpt.

TENTATIVE RULING: Approved.

3 Haeuser, T

Banti, C

CONS OF GRACE LUNDY
SPR77283

6th Account & Report

TENTATIVE RULING:  The sixth account and report of the conservator and third accounts, mislabeled as sixth accounts, of the trustee of Trust A and Trust B are approved.  Bond confirmed on the conservatorship estate. Bond on Trust A is reduced to $719,094.00.  Bond on Trust B is reduced to $3,310,420.00.  Attorney fees, conservator/trustee fees approved pursuant to prior court order.  Having read and considered the report of the Court Investigator, pursuant to Elections Code § 2208  and 2150, the Court finds that the conservatee is unable to complete a voter registration with or without reasonable accommodations.  Counsel for conservator/trustee shall prepare an order conforming to the Court’s ruling regarding bond and correct account titles. 

4 Shindledecker, T

De la Forest, C

CONS OF VIOLET TUFTS
SPR81034

Appointment of Successor

TENTATIVE RULING: Approved.  The Court has determined that the conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and therefore is disqualified from voting pursuant to Sections 2208 and 2150 of the Elections Code.   The order has been revised to conform to this ruling.

5 Cooke, N

MATTER OF THE SHARRON KATHLEEN HELLMAN TRUST
SPR83333

Final Account & Proposed Distribution

TENTATIVE RULING: The court has received, and will sign, the settlement agreement provided by the parties.

6 McOmber, M

Brooks, C

Carr, J

Piasta, J

Graves, B

MATTER OF JUANITA LOUISE PONZO TRUST

SPR86576

2nd Account & Report

TENTATIVE RULING: Appearances required to set for trial.  

7 Gardner, L

EST OF WALTER PAUL BEMIS
SPR86819

Preliminary Distribution

TENTATIVE RULING: Approved.

8 Kelly, T

Adams, B

Rondon, B

EST OF ANNELIESE GWINN

SPR87607

Preliminary Distribution

TENTATIVE RULING: Approved.

9 Milks, J

Callahan, C

MATTER OF THE LUCILE ELAINE DAVIS TRUST

SPR87644

Modification of Trust/Termination

TENTATIVE RULING: Approved.

10 Hess, S

EST OF JOHN M SUSOEFF

SPR87676

Waiver of Account & Report

 

FINAL DISTRIBUTION REQUEST FOR FEES

TENTATIVE RULING: Approved as modified. Petitioner’s attorney is surcharged in the amount of $1000 for violation of Probate Code section 12200.

11 Sternfeld, J
Shindledecker, T
Gardner, L

CONS OF PAMELA LAHEY HAGEN
SPR87956

REQUEST FOR FEES

TENTATIVE RULING:  Continued to October 27, 2016 at 2:30 p.m. in Department 18.  The matter will be heard in conjunction with First Account and Report. 

12 Dennis, A
Shindledecker, T

CONS OF GARY BEARD
SPR88039

CONT FROM 6/16/16

OBJECTIONS TO I & A

TENTATIVE RULING:  Appearance required at 2:30 p.m., in Department 18.

13 Dennis, A
Maderious, J
Norton, T

CONS OF CARMEN D PAGE
SPR88074

PTN FOR REMOVAL OF TTEE

TENTATIVE RULING: Appearances required.

14 Miller, M

EST OF VERNA MARIE RUVALCABA
SPR88706

Waiver of Account & Report

FINAL DISTRIBUTION REQUEST FOR FEES

TENTATIVE RULING: If proper proof of service is provided by the time of the hearing, the petition will be approved. If not, the matter will be continued to October 27, 2016, to allow petitioner to provide proper notice.

15 SPR88749


EST OF RICKY DALE TUREMAN


Waiver of Account & Report

FINAL DISTRIBUTION

TENTATIVE RULING: Approved.

16 Ingersoll, K

Gardner, L

CONS OF DELLA DETWEILER
SPR88811

Fees/Costs

TENTATIVE RULING:  Continued to October 20, 2016, at 2:30 p.m. Pursuant to CRC§ 7.703(e), counsel for petitioner is directed to file and serve an amended Declaration Regarding Attorney Fees and Costs that describes the qualifications of the paralegal working under the direction and supervision of the attorney, and the hourly wages of both attorney and paralegal.

17 Cross, R

MATTER OF ANNA DARDEN TRUST

SPR89150

Compel TTEE to acct; Remove TTEE for breach; Appt. PPF as Succ.

TENTATIVE RULING: Continued to October 27, 2016, to allow the parties to prepare and file a petition for approval of their settlement agreement.

18 Banti, C

MATTER OF RAYMOND R & NANCY W KELLY TRUST

SPR89260

Confirm assets in Trust

TENTATIVE RULING: Approved.

19 SRL

PTN OF AMRITA SKYE BLAINE
SPR89304

Change Of Name

TENTATIVE RULING: Continued to September 29, 2016, at 2:30 pm in department 18.

20 SRL

PTN OF MARIO NAPOLI
SPR89315

Change Of Name

TENTATIVE RULING: Approved.

21 SRL

PTN OF CAMRYN LILY ELLIS

SPR89330

Change Of Name

TENTATIVE RULING: If proof of publication is filed prior to the hearing date, the petition is granted.  If not, the matter will be continued to October 20, 2016 to allow the Petitioner to file the affidavit.  If the affidavit has not been filed by October 20, 2016, the Petition will be dismissed on that date.

22 SRL

PTN OF ANNA FATIME SZENDRENYI
SPR89331

Change Of Name

TENTATIVE RULING: If proof of publication is filed prior to the hearing date, the petition is granted.  If not, the matter will be continued to October 20, 2016 to allow the Petitioner to file the affidavit.  If the affidavit has not been filed by October 20, 2016, the Petition will be dismissed on that date.

23 SRL

ESTATE OF KEN VAVROUSEK
SPR89339

Probate of Will

TENTATIVE RULING: Approved.

24 Burger, R

EST OF ETHEL FORMAN
SPR89343

Probate of Will

TENTATIVE RULING: If proper proof of publication is provided by the time of the hearing, the petition will be approved. If not, the matter will be continued to November 10, 2016, to allow petitioner to comply with Probate Code §§8120–8125.

25 Goldberg, S

MATTER OF THE GEORGIA & ROBERT D NICHOL TRUST
SPR89346

Ptn to Estab. Trust Ownership of Prop

TENTATIVE RULING: Approved.

26


EST OF DORRAINE VERONICA PLAHN-MARTIN
SPR89351

Letters of Administration

TENTATIVE RULING: If proper proof of publication is provided by the time of the hearing, the petition will be approved. If not, the matter will be continued to November 10, 2016, to allow petitioner to comply with Probate Code §§8120–8125.

27 Zatman, M

MATTER OF THE CHRISTINE ANN IRWIN
SPR89353

Ptn to Recognize Existence of Trust and EP docs

TENTATIVE RULING: Approved as modified. The court confirms the existence of The Christine Ann Irwin Revocable Trust, dated January 10, 2007, and The Durable Power of Attorney executed by Christine Ann Irwin on the same date. However, the petition has not provided evidence that the Mexican property—or all other unidentified property belonging to Ms. Irwin—was intended to be an asset of the trust. Therefore, the court will sign the order but strike enumerated number 3.  

28 Davis, D

MATTER OF THE ALLEN B & MARCIA R SHAINSKY TRUST

SPR89361

Ptn to Appt Ttee & Modify Trust

TENTATIVE RULING: Approved.

29 Cooke, N

ESTATE OF LEE RICHARD PARSONS
SPR89365

Probate of Will & Admin WWA

TENTATIVE RULING: Approved.

30 Sinigiani, C

MATTER OF THE ALFRED A CONNER TRUST
SPR89368

Ptn to Appt Succ Ttee

TENTATIVE RULING: This action has been dismissed.

31 Fisher, R

ESTATE OF WILLIAM W. EHLERT
SPR89370

Letters of Administration

TENTATIVE RULING: The matter is continued to November 10, 2016. Petitioner must file an amended petition correcting 3.a.(2) of the Petition for Probate. Petitioner must provide the address of the decedent’s property located within Sonoma County. Petitioner will be required to provide proof of service of the amended petition and new hearing date.

32 Wargo, R

EST OF BONNIE J HIGGINS
SPR89375

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: Continued to October 27, 2016. Petitioner is to file an amended petition.

33 Pascuzzi, S

ESTATE OF RICHARD D. MALLORY

SPR89376

Letters of Administration

TENTATIVE RULING: Approved.

34 Copenhaver, E

EST OF RICHARD CARL LUCCHESI
SPR89379

Letters of Administration

TENTATIVE RULING: If proper proof of service is provided by the time of the hearing, the petition will be approved. If not, the matter will be continued to October 27, 2016, to allow petitioner to provide proper notice.

 

© 2016 Superior Court of Sonoma County