Jun 30, 2015

TENTATIVE RULINGS

Probate Calendar

6/24/15  8:30 a.m.

Courtroom 18 – Judge Nancy Case Shaffer

 

 

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. 

 

ANNOUNCEMENT:  There is no probate calendar on July 22.

 

 

1.  KELLY, T, obo petitioner

     ADAMS, B, obo contestant

EST OF ANNELIESE GWINN

SPR-87607

PROBATE OF WILL

TENTATIVE RULING: Continued to July 29 at 8:30 a.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 Rule 6.2 H(2).  If such resolution is not achieved, each party shall file a statement of issues and an ADR Information Sheet at least 10 days before the hearing date.

2.  BABB, S

     FISHMAN, W

EST OF MALCOLM O McCOY

SPR-87632

CONT FROM 6/3/15

PROBATE OF WILL

TENTATIVE RULING: Appearances are required at 8:30 a.m. on status of the case.

3.  OBNINSKY, V

EST OF THOMAS FRANCIS HART

SPR-87935

PROBATE OF WILL

TENTATIVE RULING: Continued to July 29 at 8:30 a.m. for filing of proof of service (Probate Code § 1260) and proof of publication of notice (Probate Code § 8120 et seq.).

4.  DRAEGER, J

EST OF JAMES W POLK

SPR-87938

PROBATE OF WILL

TENTATIVE RULING: Approved. 

5.  CERRUTI, V

     FARLEY, S

     HESS, S

     ROTHSTEIN, G

EST OF NANCY LESLIE

SPR-83397

CONT FROM 5/20/15

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

6.  NORTON, T

EST OF DAVID L ROSE

SPR-85192

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

7.  YOUNG, M, obo petitioner

     SRL, objector

EST OF SHIRLEY O SMITH

SPR-86138

ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Continued to July 29 at 8:30 a.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 Rule 6.2 G(2).  If such resolution is not achieved, each party shall file a statement of issues and ADR Information Sheet at least 5 court days before the hearing date.

8.  SIMI, R

EST OF VICTORIA LYNN MICKELSON

SPR-86474

CONT FROM 5/6/15

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Continued to September 16 at 8:30 a.m., at request of counsel.

9.  COPENHAVER, E

EST OF CAROLYN ANN KEEVER

SPR-86869

FINAL DIST, FEES

TENTATIVE RULING: Approved. 

10.  SRL

EST OF DANIEL W SCHULTZ

SPR-87019

ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

11.  BADDELEY, M

EST OF NICKOLAI RANKOV

SPR-87114

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

12.  WARGO, R

EST OF REID S BARKER

SPR-87403

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

13.  HUYSENTRUYT, K

EST OF RUTH ANN MYERS

SPR-87463

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

14.  MANWELL, M, obo co-trustees

       SRL, beneficiary

MARK R POWER 2007 TRUST

SPR-83518

ACCT & RPT

TENTATIVE RULING: Continued to August 5 at 8:30 a.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 Rule 6.2 G(2).  If such resolution is not achieved, each party shall file a statement of issues and ADR Information Sheet at least 5 court days before the hearing date.

15.  NORTON, T

TRUST OF NORCIA FAMILY

SPR-84359

1ST ACCT & RPT

TENTATIVE RULING: Approved. 

16.  ZATMAN, M, obo petitioner

       HESS, S, obo respondent

       SHIRLEY, M, obo respondent      

TRUST OF CHARLES G RIGSBY JR

SPR-86806

CONT FROM 5/13/15

PTN TO INVALIDATE AMEND., 1ST ACCT & RPT, REMOVE & SURCHARGE TRUSTEE

TENTATIVE RULING: Appearances are required at 8:30 a.m. on status of the case.

17.  GERARD, A

       MEYER, B

       BIGGS, M

TRUST OF LARSON FAMILY

SPR-87660

CONT FROM 4/22/15

PTN FOR INSTRUCS TO TTEES TO DETERM LIABILITIES OF BENE TTEES & APPROP DIST OF REMAINING ASSETS

TENTATIVE RULING: Continued to August 19 at 8:30 a.m., by agreement of counsel.

18.  MANWELL, M

       BELETSIS, D

       MARTIN, B

TRUST OF GEORGE D RYERSON

SPR-87749

CONT FROM 5/13/15

PTN TO ESTAB TRUST’S CLAIM OF OWNERSHIP TO PROP, ORDER DIRECTING TRFR TO TRUST, BREACH OF DUTY, CONVERSION

TENTATIVE RULING: Continued to August 5 at 8:30 a.m. for finalization of settlement.

19.  NAUMAN, D

TRUST OF WALTER J & ELAINE J DOLGIREFF

SPR-87901

MODIFICATION OF TRUST TERMS

TENTATIVE RULING: Approved. 

20.  CALLAHAN, C

TRUST OF LAWRENCE P & MARGARET A PHILIPSEN

SPR-87909

SALE OF MANUF. HOME FOR RENTS BEING PAID BY BENE & APPROVE RENTAL VALUE OF RES.

TENTATIVE RULING: Approved. 

21.  HANDRON, M V

TRUST OF DENISE JENSEN

SPR-87912

1ST & FINAL ACCT & RPT & ALLOW OF TTEE & ATTY FEES, FINAL DIST

TENTATIVE RULING: Approved. 

22.  CYPHERS, K

 

TRUST OF JACK LIBERTY WILLIAMS

SPR-87918

CONFIRM TRUST’S TITLE TO R/P

TENTATIVE RULING: Approved. 

23.  INGERSOLL, K

TRUST OF CATHERINE E LAVARTA

SPR-87921

APPT & CONFIRM TTEE; DETERMINE TRUST & TERMS

TENTATIVE RULING: Approved. 

24.  DENNIS, A

TRUST OF WISSA

SPR-98730

PTN FOR INSTRUCS; ACCTG & AUTHO ACTIONS OF TTEE; FINAL DIST

TENTATIVE RULING: Approved. 

25.  MANWELL, M

TRUST OF L KENT McREE

SPR-87943

1ST ACCT & RPT

TENTATIVE RULING: Approved. 

26.  SRL

EST OF ANDREW C GORDON

SPR-87972

REQUEST TO WAIVE FEES

TENTATIVE RULING: Petitioner Janice Gordon is required to appear at 8:30 a.m.        

27.  SRL

PTN OF LaSHANDA NICOLE GOLDSTEIN

SPR-87652

CONT FROM 5/13/15

CHANGE OF NAME

TENTATIVE RULING: Continued to July 8 at 8:30 a.m., at request of petitioner.

28.  SRL

PTN OF SARAH ELIZABETH HALL-WILDER

SPR-87800

CHANGE OF NAME

TENTATIVE RULING: Approved. 

29.  SRL

PTN RE ODIN BLUE GALBRAITH

SPR-87861

CHANGE OF NAME

TENTATIVE RULING:  If proof of publication is filed prior to the hearing date, the petition is granted.  If not, the matter is continued to August 5 at 8:30 a.m.

30.  SRL

PTN OF CARISSA AMIRAL

SPR-87863

CHANGE OF NAME

TENTATIVE RULING: Continued to July 29 at 8:30 a.m., for petitioner to file an affidavit of a physician (M.D. or D.O.), as required by Health and Safety Code § 103430.  

31.  SRL

PTN RE VINCENT JOSEPH SNELL

SPR-87864

CHANGE OF NAME

TENTATIVE RULING: Approved. 

32.  SRL

PTN RE WINTER JASMINE MEYERS

SPR-87874

CHANGE OF NAME

TENTATIVE RULING: Petitioners have dismissed the petition for change of name.

33.  SRL

PTN RE ZACHARY ROBERT BINSFELD-KORNFELD

SPR-87886

CHANGE OF NAME

TENTATIVE RULING:  If proof of publication is filed prior to the hearing date, the petition is granted.  If not, the matter is continued to August 5 at 8:30 a.m.

34.  SRL

PTN OF REBECCA DIANE SUTLIFF

SPR-87913

CHANGE OF NAME

TENTATIVE RULING: Approved. 

35.  SMITH, M

       WIGDAHL, L

CONS OF MARCUS MEDIEROS

SPR-57219

CONT FROM 6/3/15

7TH ACCT & RPT, FEES

TENTATIVE RULING:  Continued to July 15, 2015 at 8:30 a.m. to allow further investigation.

36.  BREWER, B

       POLING, S

       URBATSCH, K

MTR OF DAVID STEWART KUHLE

SPR-82450

CONT FROM 6/10/15

 

TENTATIVE RULING:  Approved.  Counsel shall prepare a new order in conformance with the Court’s order. 

37.  PRUSKI, J

       ROSEN, E

       TASKER, C

      

J WEAVER GADDINI TESTAMENTARY TRUST

SPR-83223

CONT FROM 1/21/15

CALENDAR CONTROL

TENTATIVE RULING: Continued to January 13, 2016, at 8:30 a.m., by agreement of counsel.

38.  LEVY, J

GDN OF TAI ZIATZ

SPR-87258

CONT FROM 4/22/15

BOND SETTING

TENTATIVE RULING:  Approved.  Bond set at $9,800.00.  Petitioner is ordered to notify the court within 30 days if other assets requiring bond are determined. 

39.  MILKS, J

CONS OF PHYLLIS M SACCANI

SPR-87823

APPT OF C’TOR (P)

TENTATIVE RULING:  Having considered the Report of the Court Investigator, filed on June 18, 2015, the Court continues the petition for appointment of probate conservator of the person to July 29, 2015 at 8:30 a.m.  Brian Rondon, Esq. is appointed to represent the proposed conservatee as required by PrC§2356.5(f)(1).  Court appointed counsel’s report is to be filed and served no later than 5 days prior to the hearing set on July 29, 2015.  Counsel for petitioners is directed to serve court appointed counsel with all pleadings and file a proof of service with the court. 

40.  INGERSOLL, K

       SHINDLEDECKER, T

CONS OF PATRICIA WRIGHT

SPR-87839

CONT FROM 6/3/15

APPT OF C’TOR

TENTATIVE RULING:  Having considered the Report of Court Appointed Counsel filed on June 11, 2015, the Court appoints Kathleen Moore and Sharon Simoncini as co-conservators of the person and estate with the powers requested.  Bond is set in the amount of $302,500.00.  The order has been revised to conform to this ruling. 

41.  SRL

PTN RE EVELYNN L ZARATE

SPR-87892

CHANGE OF NAME

TENTATIVE RULING:  After last week’s hearing, Petitioner filed a declaration of diligent search explaining her unsuccessful efforts to locate the minor’s father.  The declaration does not indicate that an effort has been made to serve the father at the last known address used for the child support proceedings in San Diego.  Accordingly, the court will continue this matter for six weeks to allow Petitioner time to obtain the father’s last known address from DCSS in San Diego and serve the father at that address.  Petitioner may want to consider a form of service that will return the documents if they cannot be delivered.  The hearing is continued to Wednesday, August 5, 2015.

 

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