Sep 24, 2017

TENTATIVE RULINGS

Probate Calendar

9/21/17 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)

 

Beginning January 2018, the Probate Calendar will be heard at 9:00 a.m. 

 

 

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.  DAL POGGETTO, N

EST OF JOYCE SCHAAL

SPR-78196

 

WAIVER OF ACCT & RPT, FEES, FINAL DIST

TENTATIVE RULING: Upon filing the last Inventory & Appraisal covering the estate bank account, the petition is approved, as follows. Extraordinary attorney fees are awarded in the amount of $17,770. Extraordinary personal representative fees are awarded in the amount of $3,100. All other matters are approved, as requested.

 

Note: The Rev. & Tax.C. provision requiring Franchise Ta9x Board Income Tax Certificate for certain distributions to nonresident beneficiaries (Rev. & Tax.C. § 19513) has been repealed (Stats. 2013, Ch. 239). Consequently, the Certificate need no longer be referenced in a petition for final distribution.

 

 

2.  FISHMAN, W

EST OF MICHAEL STEPHEN VALLIER

SPR-86001

 

WAIVER OF ACCT, 1ST & FINAL RPT, FINAL DIST

TENTATIVE RULING: Appearances required to explain omission of the creditor’s claim filed on October 25, 2013, from the instant petition.

 

 

3.  DENNIS, A

     SHINDLEDECKER, T

CONS OF GARY BEARD

SPR-88039

 

CONT FROM 7/27/17

ACCT & RPT, ATTY FEES

TENTATIVE RULING:  The First Account and Report is approved.

 

Conservator’s reimbursement is approved in the amount of $16,959.35. In making this determination, the Court has approved the reimbursement based on the supporting documentation provided.

 

Attorney fees are approved in the amount of $7,785. In making this determination, the Court has considered the value to the estate, the nature and difficulty of the tasks performed, the necessity for the services performed, the results achieved, and the compensation customarily allowed by the court in the community where the court is located for the management of conservatorship of similar size and complexity. Costs are approved in the amount of $930.

 

The Second and Final Account and Report is approved.

 

Attorney fees and the preparation of the accounting fees are approved in the amount of $4,750.00. In making this determination, the Court has considered the value to the estate, the nature and difficulty of the tasks performed, the necessity for the services performed, the results achieved, and the compensation customarily allowed by the court in the community where the court is located for the management of conservatorship of similar size and complexity. Costs are approved in the amount of $541.50.

 

The balance of the conservatorship of the estate is transferred to Kelly J. Williams, as the successor in interest to the decedent pursuant to Probate Code §13100 et. Seq.

 

Upon filing of receipts of transfer of assets to the successor in interest to the decedent, the conservatorship is terminated and bond is exonerated.

 

 

 

4.  COLE, E

EST OF CHARLES ADAM

SPR-88109

SALE OF PROPERTY

TENTATIVE RULING: Appearances required for confirmation of sale.

 

 

5.  NORTON, T

     ERLACH, M

     POST, D

 

CONS OF JOSEPHINE PUCCI

SPR-88630

ACCT & RPT

TENTATIVE RULING:  Continued to October 12, 2017, at 8:30 a.m.  Petitioner is directed to file and serve, no later than October 5, 2017, an amended account that includes the personal property listed in the Inventory and Appraisal, Partial No.: 3, Supplemental.

 

 

6.  MARAVIGLIA, D

EST OF GORDON DENNIS GARY

SPR-88639

ACCT & RPT

TENTATIVE RULING: The petition for final distribution is approved, as follows. Statutory fees are approved but reduced for the personal representative in the amount of $3,600.00 for payment to a third party for general administrative work, $1,625.00 for payment to a third party for preparation of accountings, and $414 for late fees incurred. The court approves $636.20 airfare as a necessary expense to preserve the estate property; however, local travel fees are compensated from ordinary compensation. The court approves $11,957.93 in ordinary compensation to the personal representative and $473.75 reimbursement for costs. The court approves $6,478.50 in extraordinary attorney fees. The total approved was reduced by $241.50 in unidentified expenses paid to counsel’s firm. The petition is otherwise confirmed as requested. Petitioner is to submit an order consistent with this ruling.

 

 

7.  GARDNER, L

CONS OF DORIS MILLER

SPR-88943

 

1ST ACCT & RPT, ATTY FEES

TENTATIVE RULING:  Continued to November 9, 2017, at 8:30 a.m. Petitioner is directed to file a Final Inventory and Appraisal and an amended Summary of Account that reflects the correct Property on Hand at Beginning of Account Period and the correct Property on Hand at End of Account.

 

Exchange Bank is ordered to release funds from the blocked account ending 9872 to Healdsburg District Hospital in the amount of $513,550.80. This is payment for the following months: November and December of 2016; January through June 2017; and August through October 2017.

 

 

8.  FISHMAN, W

EST OF AILEEN MARIE VALLIER

SPR-88952

WAIVER OF ACCT, 1ST & FINAL RPT, FINAL DIST

TENTATIVE RULING: Appearances required.

 

 

9.  HAEUSER, T

TRUST OF CONCHA O’DELL

SPR-089473

AUTO TO PAY FAMILY MEMBERS TO PROVIDE CARE

 

TENTATIVE RULING: The petition for authority to pay family members to provide care to Ms. Concha O’Dell is granted. The Petitioner shall have the authority to pay caregivers, including family members, for care given to Ms. O’Dell at the rate of $15.00 per hour.  Paying family members to give care is reasonable and inures to the benefit of Ms. O’Dell.

 

 

10.  COLLIER, D

EST OF YVONNE BYRNE-KENNER

SPR-089678

FINAL DIST, ATTY FEES

TENTATIVE RULING: Approved.

 

 

11.  FRANCIS, W

EST OF LAUREN GAYE KUCHER

SPR-089889

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved.

 

 

12. 

GDN OF MORGAN L MCGRATH

SPR-090367

PROOF OF FUNDS IN BLOCKED ACCT

TENTATIVE RULING: As a Receipt and Acknowledgment of funds deposited into a blocked account has been filed, the matter is dropped from calendar.

 

 

13.  DOHERTY, M

MTR OF PAULINE M MORO

SPR-090438

PETITION CONFIRMING ASSET IN TRUST

TENTATIVE RULING: Approved.

 

 

14.  JOHNSTON, R

       KOLKO, E

 

EST OF CARL P BELLOVICH

SPR-090411

LTRS OF ADMIN

TENTATIVE RULING: Approved.

 

 

15.  HESS, S

       FRANCIS, W

       MELCHIN, M

TRUST OF FRANK & EDITH CURRERI

SPR-090459

PTN TO INVALIDATE TRUST AMEND; DEMAND FOR DOCS; DETERMINE TTEE/BENE HAS LEGALLY PREDECEASED DECEDENT

TENTATIVE RULING: Appearances required for case status.

 

 

16.  MAXWELL, S

EST OF LES MARTIN MORENO

SPR-090460

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: Approved.

 

 

17. 

EST OF SALVADOR OLVERA

SPR-090498

LTRS OF ADMIN

TENTATIVE RULING: Approved.

 

 

18.  FROEHLICH, R

TRUST OF MARION ELMORE AND MERRITT ELMORE

SPR-090507

EXISTENCE OF TRUST & INSTRUCS

TENTATIVE RULING: Approved.

 

 

19.  ALBERIGI, L

TRUST OF SHARON ANELLO

SPR090509

1ST ACCT & RPT, FEES

TENTATIVE RULING: The accounting is approved, as follows. The court will approve $1,890.68 in trustee’s fees for the current accounting period. This represents approximately 1% of the trust assets. The court will approve prospective monthly payments to the Trustee of 1% of the trust assets.

 

Based upon the nature and level of difficulty, the court will approve attorney fees at $350 per hour and paralegal fees at $135 per hour. Thus, for this accounting period, the court will approve a total amount of $3,035.50.

The accounting is otherwise approved as requested.

 

 

20.  GRIFFITH, D

TRUST OF LUCILLE EANDI

SPR-090519

 

COMPEL ACCTG & REMOVE TTEE

TENTATIVE RULING: Upon filing proof of service showing proper service of Notice of the Hearing, the petition will be approved requiring Trustee, James J. Eandi, to account within 90 days of the service of this order for the period of his trusteeship from October 1, 2011, to present. The hearing is continued to December 28, 2017, at 8:30 a.m., in Department 12, for status.

 

 

21.  BENOIT, J

EST OF DONALD ANDERS NIELSEN

SPR-090533

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

 

22.  BIRNIE, T

EST OF ALLEN EDWARD CHIVENS

SPR-090536

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

 

23.  ZATMAN, M

EST OF STELLA D STRICKLAND

SPR-090537

LTRS OF ADMIN

TENTATIVE RULING: Approved.

 

 

24.  CORLETT, D

TRUST OF DIANE C AUBRY

SPR-090541

PTN FOR ORDER CONFIRMING TITLE OF TRUST PROPERTY

TENTATIVE RULING: Approved.

 

 

25.  SRL

PTN OF VICTORIA FREGOSO DELGADO

SPR-090547

 

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

26.  SRL

PTN OF FNU RAMU

SPR-090548

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

27.  SRL

PTN OF MICHAEL JOHN BETTENCOURT

SPR-090549

 

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

28.  JOHNSTON, R.

EST OF ROBERT W HARRIS

SPR-090552

PROBATE OF WILL

TENTATIVE RULING: The hearing is continued to November 9, 2017, at 8:30 a.m., in Department 12. 1) Petitioner is to file proof of service of the Notice of Hearing and the Petition on Luis Flores Lopez. 2) As petitioner is the trustee of the trust receiving assets under the will, the beneficiaries of the trust should all be listed in Item 8 and given notice.

 

 

29.  SHINDLEDECKER, T

EST OF PATRICIA LOUISE CALHOUN

SPR-090553

LTRS OF ADMIN

TENTATIVE RULING: Approved.

 

 

30.  SRL

PTN OF YIWEN SHEN

SPR-090554

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

31.  SRL

PTN OF LESLIE JAVIER PARAMO

SPR-090557

 

CHANGE OF NAME FOR MINORS

TENTATIVE RULING: Approved.

 

 

32.  GULLOTTA, E

EST OF MOHAMAD TAGHI NAJMABADI

SPR-090558

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

 

33.  SRL

PTN OF MIRANDA LYNN MAYER

SPR-090560

 

CHANGE OF NAME/GENDER

TENTATIVE RULING: Approved.

 

 

34.  SRL

PTN OF THOMAS JAMES PRATER

SPR-090564

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

35.  SRL

PTN OF KATHLEEN ELIZABETH LEHRE

SPR-090568

 

CHANGE OF NAME/GENDER

TENTATIVE RULING: Approved.

 

 

36.   SMITH, K

GDN OF RILEY REGULAR

SPR-87377

CONT FROM 9/7/17

1ST & FINAL ACCT &  RPT

 

TENTATIVE RULING:  The First and Final Account and Report of Guardian is approved with modification.  Attorney’s fees are approved in the amount of $1,072.72.   Costs are approved in the amount of $770.00.

In making this determination, the Court has considered the value to the estate, the nature and difficulty of the tasks performed, the necessity for the services performed, the results achieved, and the compensation customarily allowed by the court in the community where the court is located for the management of guardianship of similar size and complexity.  Fees have been reduced as follows:

 

Fees charged for services provided in Petitioner’s family law case on 11/04/2014 are not allowed. 

 

Paralegal fees are reduced from $150 to $135 per hour.

 

Late charges are not allowed, as they are non-applicable in cases where court approval is required prior to payment of fees.

 

Pursuant to PrC 2430(a) (4) (B), court authorization is required for the payment of compensation to an attorney for the guardian.  Counsel is admonished for receiving (accepting) compensation without a court order.  The guardian is directed not to pay any future attorney fees without prior court authorization.

 

On or after October 6, 2017 and upon filing of receipts and an ex parte petition for final discharge and order, Ronald Regular shall be discharged as guardian of the estate of Riley Regular, and his bond exonerated. (Prob. Code § 2627(b).)  Counsel is to submit an order that conforms to this ruling.  The Order shall also include the amount guardian has in his possession belonging to the minor’s estate.

 

 

 

                             

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