Jun 28, 2016

TENTATIVE RULINGS

Probate Calendar

6/23/16 2:30 p.m.

Courtroom 18 – Judge Julie M. Conger

 

 

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.  GALVIN, D

EST OF ANTHONY UNCIANO

SPR-88975

CONT FROM 5/26/16

PROBATE OF WILL

TENTATIVE RULING: Approved.

2.  COPENHAVER, E.

 

EST OF EEVE TAHK LEWIS

SPR-89032

PROBATE OF WILL

TENTATIVE RULING: Approved.                                   

3. 

EST OF FRANCES M BERGSTEDT

SPR-89075

PROBATE OF WILL

TENTATIVE RULING: Approved.

4.  ALBERIGI, L

EST OF WILLIAM HEBENSTREIT

SPR-89082

PROBATE OF WILL

TENTATIVE RULING: Approved.

5.  CROWLEY, D

EST OF MARSHA GAIL GASTWIRTH

SPR-88978

CONT FROM 5/26/16

LTRS OF ADMIN

TENTATIVE RULING: Approved.

6.  PASSALACQUA, T

EST OF JOSEPH MARIO PIERONI

SPR-89006

CONT FROM 5/26/16

LTRS OF ADMIN

TENTATIVE RULING: Approved.

7.  HARRIS, J

EST OF JOSEPH T MARTIN

SPR-87948

FINAL DIST, FEES

TENTATIVE RULING: Approved.

8.  MAXWELL, V

EST OF DOLORES A ULLRICH

SPR-88093

FINAL DIST, FEES

TENTATIVE RULING: Continued to July 7, 2016, to allow petitioner to file the first Inventory and Appraisal which is not in the court file.

9.  CUMMINS, J

EST OF JOHN JOSEPH DURNEY

SPR-88156

WAIVER OF ACCT & RPT, FIINAL DIST, FEES

TENTATIVE RULING: Continued to August 11, 2016, to allow petitioner to comply with Probate Code section 1208(b) or to give the court information to show that compliance is not necessary.

10.  LEVIN, J

EST OF JUNE LOUISE SHORT

SPR-88194

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved.

11.  GLADDEN, M

EST OF WINDEE JEAN WIDENER

SPR-88326

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved.

12.  BROOME, M

EST OF RHONDA LEA HAYDEN

SPR-88328

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved.

13.  HANDELMAN, A. for Objector and Petitioner Nancy Larr

     NOBLE, B. for Petitioner Ralph Holden

EST OF JANE HENDERSON HOLDEN

SPR-88433

CONT FROM 4/28/16

POSSIBLE DISMISSAL

TENTATIVE RULING: The settlement agreement is approved. Hearing is set on August 25, 2016, for OSC RE Dismissal.

14.  BLUESTONE, M. for Objector and Trustee Samantha Prunella Zappelli

       PASSARINO, G. for Petitioner Byron Zappelli

       ZATMAN, M. Petitioner Quinn Zappelli

TRUST OF JAMES & MADELINE ZAPPELLI

SPR-82876

CONT FROM 5/19/16

PTN FOR SURCHARGE FOR BREACH OF TRUST

TENTATIVE RULING: Appearances required at 2:30 p.m. to set matter for trial.

15.  CLAUSEN, M

       NOBLE, B

       ZATMAN, M

TRUST OF VERA VIOLET WUNSCH

SPR-85914

APPT OF CO-TTEE; APPROVE GAL; COMPROMISE OF CERTAIN CIVIL JUDGMNTS & FOR INSTRUCS

TENTATIVE RULING: Continued to July 7, 2014, at 2:30 p.m. to allow the Petitioner to provide the name of a professional fiduciary who is willing to act as a successor trustee.

16.  SINIGIANI, C. for Co-Trustee Terry Rowland (Petitioner on current Petition)

       STRAUSS, J. for Co-Trustee Patricia Hinrich (Petitioner on Original Petition)

     

TRUST OF JACK A HUDSON & MARILYN R STAVISH

SPR-87287

PTN FOR REMOVAL OF CO-TTEE HINRICHS TO SURCHARGE TTEE & FOR REVIEW OF ACCT & ACTS OF TTEE

TENTATIVE RULING: Appearances required at 2:30 p.m. regarding the suspension of Patricia Hinrich as Co-Trustee of the Jack Hudson and Marilyn Rita Stavish Trust.     

17.  PASSARINO, G

       PHIPPS, B

TRUST OF RICHARD P GROFF

SPR-87848

1ST & FINAL ACCT & RPT OF TTEE; PTN FOR INSTRUCS RE ABATEMENT & DIST & DETERMINE REASONABLE TTEE COMP

TENTATIVE RULING: Continued to August 18, 2016, at 2:30 p.m., to allow the petitioner to provide, state the nature and purpose of each item in the distribution schedule so that the court can determine whether the expenses were properly incurred in the administration of trust or benefited the trust; and whether the costs, including attorney fees, were reasonable. (Prob. Code §§ 1062, 15684, 16040.) Additional schedules are needed including a change in form of assets including all assets listed on the initial inventory and a schedule showing the value of the settlor’s antiques. (See Prob. Code section 16006.)

18.  BOLT, J. for Petitioner/Beneficiary Ricky Bowman

       SIZEMORE, P. for Trustee Deborah Bowman

TRUST OF LOUISE SHAFFLEY LYNCH

SPR-88488

CONT FROM 6/9/16

PTN TO COMPEL TTEE TO PROVIDE INFO; REMOVE TTEE & APPT REPLACEMENT; DENY COMP; COMPEL SURCHARGE

TENTATIVE RULING: The Petition to Remove Deborah Bowman as Trustee of the Louise Shaffley Lynch Trust is granted as follows. Deborah Bowman is hereby removed as Trustee and Shelley Ocaña is appointed in her place, without requirement of a bond. Deborah Bowman is ordered to account within 30 days from the date of the service of this order for all trust assets, income, disbursements, and all other related activity for the period commencing December 20, 2014, and concluding on the date of the order. The request to surcharge and deny Deborah Bowman trustee’s fees is denied without prejudice. The court has insufficient evidence prior to Ms. Ocaña’s accounting to determine whether Deborah Bowman should be surcharged or denied trustee’s fees. The request for attorney fees is also denied without prejudice. Petitioner has not provided and discussed authority allowing the court to grant petitioner attorney fees in this instance. Petitioner is to provide an order consistent with this ruling.

19.  Passalacqua, T. in pro per

TRUST OF MARY B FINCHER

SPR-88900

CONT FROM 5/12/16

1st & FINAL ACCT & RPT OF SUCC TTEE & ALTERNATIVE SUCC TTEE; FEES

TENTATIVE RULING: The court hereby orders the petitioner to provide the following documents to the court by July 28, 2016: The appraisal and sales documents for 45 and 74 Merrill Street, Geyserville, CA; invoices for all attorney fees and costs paid or incurred from September 23, 2014, through the present; receipts from Shriners Hospital for the amounts already distributed; invoices for consulting fees paid on October 1, 2014; the invoice for the appraisal fee paid on February 18, 2015; all tax documents showing taxes due or paid for 45 and 74 Merrill Street, Geyserville, CA, and all other trust property; and the invoice for notary Kay Gregory paid on June 9, 2015. In addition, the petitioner is ordered to serve all documents, including the First and Final Account, the Supplement to the First and Final Account, and the above documents to those entitled to receive notice as provided for in Probate Code section 1220, and to the Attorney General pursuant to Prob. Code section 17203. Proof of Service as ordered above shall be filed by July 21, 2016. The hearing is continued to August 11, 2016, at 2:30 p.m., in Department 18.

20.  GOMEZ, J

TRUST OF ROGER G & NAOMI R GRANISS

SPR-88976

PTN TO CONFIRM TRUST; DETERMINE QUESTIONS OF CONSTRUCTION; CONFIRM 1ST & 2ND AMENDMENT; ACCEPT RESIGNATION

TENTATIVE RULING: Approved.

21.  INGERSOLL, K

       NORTON, T

TRUST OF RUDOLPH L JUAREZ

SPR-89042

PTN TO CONFIRM TRUST PROPERTY

TENTATIVE RULING: Continued to July 28, 2016.  Petitioner is to provide further briefing which addresses the applicability of Carne v. Worthington (2016) 246 Cal.App.4th 548 to the determination of this petition.

22.  NORTON, T

TRUST OF WALTER W & KATHLEEN WARD

SPR-89071

PTN FOR INSTRUCS

TENTATIVE RULING: Continued to August 4, 2016. The exhibits referenced in the petition are not attached thereto. Petitioner is ordered to re-file and re-serve the complete petition.

23. 

TRUST OF YVONNE O’CONNELL PERLENDA

SPR-89073

PTN TO ESTAB TRUST’S CLAIM OF OWNERSHIP TO PROP & ORDER DIRECTING ITS TRFR TO TRUST; ATTY FEES & COSTS

TENTATIVE RULING: Continued to August 4, 2016, per Bank of America’s section 852 request.

24.  ANDREWS, W

       SHIRLEY, M

TRUST OF BETTINELLI

SPR-89077

PTN TO ESTAB TRUST’S OWNERSHIP OF PROPERTY

TENTATIVE RULING: Approved.

25.  SRL

PTN OF REBECCA LYNN BLAKE

SPR-88859

CONT FROM 5/19/16

CHANGE OF NAME

TENTATIVE RULING: Approved. 

26.  SRL

PTN OF WILLIAM MICHAEL WILLIAMS

SPR-88926

CONT FROM 5/19/16

CHANGE OF NAME

TENTATIVE RULING: Per Letter received by Sonoma West Publishers, Inc. the matter is continued to July 21, 2016, at 2:30pm. If the Proof of Publication is filed prior to the hearing date the petition is approved.  If not, the petition is dismissed.

27.  SRL

PTN OF KELLY ELIZABETH EHM

SPR-89014

CHANGE OF NAME

TENTATIVE RULING: Approved.  

28.  SRL

PTN OF VANESSA & LEILANI MARKOWITZ

SPR-89015

CHANGE OF NAME

TENTATIVE RULING: Approved.

29.  SRL

PTN OF NELSON GRANT CHURCHILL

SPR-89018

CHANGE OF NAME

TENTATIVE RULING: Approved.

30.  SRL

PTN OF KRISTEN CLAIRE SCHNACKENBERG

SPR-89036

CHANGE OF NAME

TENTATIVE RULING: Approved.

31.  SRL

PTN OF MEGAN C GIBSON

SPR-89049

CHANGE OF NAME

TENTATIVE RULING: Approved.

32.  SRL

PTN OF SARAH ALICIA ALLEN

SPR-89051

CHANGE OF NAME

TENTATIVE RULING: Approved.

33.  SRL

PTN OF DAVID LLOYD MIKKAEL DWIGHT DAB JR

SPR-89056

CHANGE OF NAME

TENTATIVE RULING: Approved.

34.  FISHER, R

GDN OF MAKAILA HERNANDEZ

SPR-75666

CONT FROM 6/22/16

REVIEW

TENTATIVE RULING:  Continued to August 25, 2016 at the request of counsel.   

35.  JONAS, C

CONS OF JOHN GALLAGHER

SPR-77508

6TH ACCT & RPT, FEES

TENTATIVE RULING:  Continued to July 14, 2016, at 2:30 p.m., for compliance with SCLR 6.2D5. 

 

Petitioner is directed to file a statement of facts in support of fees that complies with the requirements of CRC§§ 7.751(b) and 7.702, no later than July 5, 2016.  Pursuant to CRC§ 7.703(e), the statement of facts in support of fees shall include the qualifications of the paralegal working under the direction and supervision of the attorney.  Petitioner is directed to lodge original statements pursuant to PrC§2620(C)(2) no later than July 5, 2016.

36.  GARDNER, L

       GERARD, A

       HAEUSER, T

       HOLDREDGE, J

       HOLDRIDGE, J

       MANWELL, M

       MILLER, M

       NORTON, T

       RONDON, B

       WIGDAHL, L

       YOUNG, M

CONS OF WANDA N ZIMPHER

SPR-84161

PTN FOR INSTRUCS RE SALE OF R/P & ESTAB DATE FOR REMOVAL OF PERS EFFECTS TO ALLOW SALE

TENTATIVE RULING:  Continued to July 21, 2016, 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 and ADR Information Sheet at least five (5) court days before the hearing.  The Statement of Issues shall be filed on or before July 14, 2016, and served on the Office of the Court Investigator, on or before July 14, 2016.   

37.  SO CO PD

LTD CONS OF STEVEN BARTLEY

SPR-84336

2ND ACCT & RPT, FEES

TENTATIVE RULING:  Continued to July 7, 2016 at 2:30 p.m. in Department 18. 

38.  RONDON, B

CONS OF TATIANA ASSAYKEEN

SPR-86747

1ST ACCT & RPT, FEES

TENTATIVE RULING:  Approved. 

39.  BROTHERS, M

       GARDNER, L

CONS OF ANNIE BAILLY

SPR-87755

OBJ TO I & A

TENTATIVE RULING:  Continued to July 14, 2016 at 2:30 p.m., for the parties or their respective counsel to meet and confer in a good faith attempt to resolve the controversy, as required by Sonoma County Local Rule 6.2 G(2).  If such resolution is not achieved, each party shall file a statement of issues and ADR Information sheet no later than July 5, 2016, and served on the Office of the Court Investigator on or before July 5, 2016.

40.  GARDNER, L

CONS OF L KENT MCREE

SPR-89116

APPT OF C’TOR

TENTATIVE RULING:  Appearances required at 2:30 p.m., for the proposed conservatee to address the Court, per his request.  Petitioner is directed to arrange transportation for the proposed conservatee to attend the hearing. 

 

The petition for appointment of conservator of the person with medical authority pursuant to PrC §2355 is approved.  The Court has determined that the conservatee is not disqualified from voting.  The order has been revised to conform to this ruling. 

41.  MAGUIRE, C

       STARK, C 

           

 

TRUST OF GEORGE H SIMMONS

SPR-88130

CONT FROM 6/16/16

PTN TO INVALIDATE TTEE; REMOVE & REPLACE TTEE

TENTATIVE RULING: Continued to July 7, 2016, at 2:30 p.m. at the request of the Probate Examiner.

         

 

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