Jul 28, 2015

TENTATIVE RULINGS

Probate Calendar

7/29/15 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. 

 

 

 

1.  KELLY, T, obo petitioner

     ADAMS, B, obo contestant

EST OF ANNELIESE GWINN

SPR-87607

CONT FROM 6/24/15

PROBATE OF WILL; CONTEST

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

2.  SRL

EST OF JULIAN ARLIE KARSTROM

SPR-87870

CONT FROM 6/17/15

PROBATE OF WILL

TENTATIVE RULING: The matter is ordered off calendar.  Petitioner may re-notice the petition after filing a properly completed amended petition and filing proof of service thereof.  Petitioner is urged to seek assistance from an attorney in this matter.  

3.  OBNINSKY, V

EST OF THOMAS FRANCIS HART

SPR-87935

CONT FROM 6/24/15

PROBATE OF WILL

TENTATIVE RULING: Approved. 

4.  WRIGHT, K

EST OF ALBERTA LORETTA DOYLE

SPR-87939

PROBATE OF WILL

TENTATIVE RULING: Approved. 

5.  RONDON, B

EST OF EILEEN NANCY KLUG

SPR-88007

PROBATE OF WILL

TENTATIVE RULING: Approved. 

6.  MYERS, P

EST OF EDWARD MATSCHINEGG

SPR-88057

PROBATE OF WILL & ADMIN WWA

TENTATIVE RULING: Continued to August 26 at 8:30 a.m., at request of counsel.

7.  BUSH, D

EST OF SUSAN LYNN INGALLS

SPR-87898

CONT FROM 6/17/15

LTRS OF ADMIN

TENTATIVE RULING: Continued to August 26 at 8:30 a.m., at request of counsel.

8.  ADAMS, B

EST OF DAVID M BITTLINGMEIER

SPR-88015

LTRS OF ADMIN

TENTATIVE RULING: Approved. 

9.  BROWN, D

EST OF SA-NGASILPA PUNGPRAKEARTI

SPR-88016

LTRS OF ADMIN; SPOUSAL PROPERTY PETITION

TENTATIVE RULING: The Court approves the petition for letters of administration and the spousal property petition. 

10.  KNUDSON, W

EST OF WAYNE MUNDT

SPR-84566

ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

11.  HANDELMAN, A

       WILSON, E

BOEHM FAMILY TRUST OF 1992

SPR-85621

SETTLEMENT

TENTATIVE RULING: The Court approved the settlement agreement on July 1, 2015.

12.  WELTY, M

EST OF JOSE C MONTENEGRO

SPR-87113

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

13.  HARRIS, C

EST OF JEAN E MATHEVET-FEMLING

SPR-87436

FINAL DIST, FEES

TENTATIVE RULING: Approved. 

14.  MADERIOUS, J

EST OF WILLIAM ROSARIO ANASTASIO

SPR-87449

ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. 

15.  GUNN, N

       MORAN, A

EST OF KATHRYN S HENDERSON

SPR-86393

PTN TO COMPEL TTEE TO ACCT OR RPT & FOR TERMIN OF TRUST

TENTATIVE RULING: The matter is ordered off calendar.

16.  ADAMS, B

       ZATMAN, M

TRUST OF GEORGETTE STEWART

SPR-86711

CONT FROM 4/22/15

PTN FOR REMOVAL OF CO-TTEES

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

17.  HESS, S

       MACLEOD, J

       THOMAS, R

       SINIGIANI, C

       ANDREWS, W

       JOHNSTON, R

DON & LUCILLE SMOTHERS TRUST

SPR-87134

CONT FROM 6/10/15

CALENDAR CONTROL

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

18.  BIRNIE, T, obo petitioner

       EPSTEIN, R, obo objectors

       CHRISTO, R, obo objectors

ROY BIBBY & PERRI BIBBY TRUST

SPR-87264

CONT FROM 7/8/15

MODIF OF TRUST & REFORM TRUST DIVISION

TENTATIVE RULING: Appearances are required at 8:30 a.m. on the grantor’s petition for modification of trust and for reformation of the trust division.

19.  HESS, S

       MACLEOD, J

       THOMAS, R

       SINIGIANI, C

       ANDREWS, W

       JOHNSTON, R

DONALD SMOTHERS NONEXEMPT QTIP TRUST

SPR-87432

CONT FROM 6/10/15

CALENDAR CONTROL

TENTATIVE RULING: See item # 17.

20.  HESS, S

       MACLEOD, J

       THOMAS, R

       SINIGIANI, C

       ANDREWS, W

       JOHNSTON, R

DONALD SMOTHERS EXEMPT QTIP TRUST

SPR-87433

CONT FROM 6/10/15

CALENDAR CONTROL

TENTATIVE RULING: See item # 17.

21.  BRICENO, F

EST OF ALVARO GARCIA TAPIA JR

SPR-87805

CONT FROM 6/10/15

SPOUSAL PROPERTY PETITION

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

22.  PASSARINO, G

TRUST OF RICHARD P GROFF

SPR-87848

PTN TO DETERMINE EXISTENCE & CONTSTRUCTION OF TRUST, & DETERM REASONABLE ATTY COMP

TENTATIVE RULING: Approved. 

23.  McCULLOUGH, K

       STERLING, T

THE KENNETT TRUST

SPR-87980

CONT FROM 7/1/15

PTN FOR APPROVAL OF AMENDMENT OF IRREV TRUST

TENTATIVE RULING: Approved. 

24.  MURPHY, K

EST OF FRED HARRY OKERT III

SPR-88009

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: Approved. 

25.  FERGUSON, D

TRUST OF MARIA A CRUZ

SPR-88011

PTN FOR ORDER CONFIRMING ASSETS IN TRUST

TENTATIVE RULING: Approved. 

26.  O’DONNELL, D

TRUST OF ANTOINETTE MARIE FELCIANO

SPR-88026

PTN DECLARING VACANCY IN OFC OF TTEE, APPT SUCC TTEE & CONFIRM ASSETS

TENTATIVE RULING: Approved. 

27.  JOHNSTON, R

       THOMAS, R

       REESE, D

TRUST OF RICHARD K KUHLITZ

SPR-88035

PTN TRANSFERRING TRUST ASSETS TO TRUST

TENTATIVE RULING: Approved. 

28.  SRL

PTN OF ELIZABETH ANNE SUTTON

SPR-87844

CONT FROM 6/17/15

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 September 9 at 8:30 a.m., at which time the petition will be dismissed unless proof of publication has been filed.

29.  SRL

PTN OF CARISSA AMIRAL

SPR-87863

CONT FROM 6/24/15

CHANGE OF NAME

TENTATIVE RULING: If the affidavit required by Health & Safety Code § 103430 is filed prior to the hearing, the petition is approved.  If not, the matter will be continued to August 19, 2015 to allow the Petitioner to file the affidavit.  If the affidavit has not been filed by August 19, 2015, the Petition will be dismissed.

30.  SRL

PTN OF LOUWEGIE WADE REDE

SPR-87885

CHANGE OF NAME

TENTATIVE RULING: Approved. 

31.  SRL

PTN OF JOSE DIAZ, ANA CONTRERAS, LUIS & ANA FARIAS

SPR-87959

CHANGE OF NAME

TENTATIVE RULING: Approved. 

32.  SRL

PTN OF KATLYN TYLER MARIE RIGBY

SPR-87975

CHANGE OF NAME

TENTATIVE RULING: Approved. 

33.  SRL

PTN OF HARRY JOHN PEGAN

SPR-87979

CHANGE OF NAME

TENTATIVE RULING: Approved. 

34.  SRL

PTN OF BRENDA MALDONADO COLIN

SPR-87996

CHANGE OF NAME

TENTATIVE RULING: Approved. 

35.  SRL

PTN OF EMMA SOPHIA DEIGNAN-CHAVEZ

SPR-88002

CHANGE OF NAME

TENTATIVE RULING: Approved. 

36.  SRL

PTN OF MATTHEW SOLOMON DICKINSON

SPR-88006

CHANGE OF NAME

TENTATIVE RULING: Approved. 

37.  SRL

PTN OF PAMELA RAE MONTOVA

SPR-88012

CHANGE OF NAME

TENTATIVE RULING: Approved. 

38.  DE LA FOREST, C

       NORTON, T

CONS OF LUCILLE WARDELL

SPR-85102

ACCT & RPT, FEES

TENTATIVE RULING:  Continued to August 19, 2015, due to the workload of the court investigator.

39.  DENNIS, A

       SO CO COUNSEL

CONS OF COLLEEN BAKER

SPR-87500

FEES

TENTATIVE RULING:  Approved.   

40.  LIBICKI, S

       SO CO PD

CONS OF E.C. PHILLIPS SR

SPR-87591

CONT FROM 7/1/15

APPT OF C’TOR

TENTATIVE RULING:  Continued to September 2, 2015, at 8:30 a.m., for the Public Guardian to investigate the case and to either file a petition for conservator of the person and estate or to recommend an alternative to the Public Guardian’s Office.  Ten Days prior to the hearing for the appointment, the Public Guardian shall file the results of the investigation with recommendation or a petition for appointment as conservator.

41.  MACKAY, B

CONS OF MICHAEL GYAPJAS

SPR-87614

CONT FROM 6/10/15

APPT OF C’TOR (P)

TENTATIVE RULING:  The petition for appointment of Probate Conservator is dismissed at the request of counsel for the petitioner as an LPS conservatorship has been established for the conservatee and a Probate Conservatorship is not necessary in this situation.

42.  MILKS, J

       RONDON, B

CONS OF PHYLLIS M SACCANI

SPR-87823

CONT FROM 6/24/15

APPT OF C’TOR (P)

TENTATIVE RULING:  Having read and considered the Report of Court Investigator and the Report of Court Appointed Counsel, Brian Rondon, Esq. the Petition for Appointment of Probate Conservator of the Person is approved.  The conservatee is not disqualified from voting.  The proposed order has been modified as to this issue. 

43.  BOLT, J

       DENNIS, A

CONS OF CHARLES HOBART PAGE

SPR-87906

CONT FROM 7/1/15

APPT OF C’TOR

TENTATIVE RULING:  Having received Information from the Court Investigator that additional documents are required to be reviewed, this matter is continued to August 26, 2015 at 8:30 a.m. in Department 18, to be coordinated with #49, the proposed conservatorship of Carmen D. Page. 

44.  GARDNER, L

CONS OF MARY F MILLER

SPR-87953

APPT OF C’TOR (P)

TENTATIVE RULING:  Having considered the Report of the Court Investigator, filed on July 24, 2015, the Court continues the petition for appointment of probate conservator of the person to September 2, 2015, at 8:30 a.m.  The Sonoma County Public Defender is appointed to represent the proposed conservatee in the conservatorship proceeding.  Court appointed counsel’s report is to be filed and served no later than 5 days prior to the hearing set on September 2, 2015.  Petitioner is directed to serve court appointed counsel with all pleadings on or before August 5, 2015, and file a proof of service with the court. 

 

The temporary conservatorship of the person is extended to September 3, 2015.  Petitioner is directed to submit a temporary order that conforms to this ruling.

45.  SO CO PD

CONS OF ROSAMARIA GARCIA

SPR-87962

CONT FROM 7/1/15

APPT OF C’TOR (P)

TENTATIVE RULING:  Approved. 

46.

CONS OF IRMA GIBBONS

SPR-88038

APPT OF C’TOR (P)

TENTATIVE RULING:  Having considered the Report of the Court Investigator, filed on July 22, 2015, the Court continues the petition for appointment of probate conservator of the person to August 26, 2015 at 8:30 a.m.  The Sonoma County Public Defender is appointed to represent the proposed conservatee in the conservatorship proceeding pursuant to PrC§ 2356.6(f)(1).  Court appointed counsel’s report is to be filed and served no later than 5 days prior to the hearing set on August 26, 2015.  The Court Investigator is directed to serve court appointed counsel with all pleadings on or before August 5, 2015, 2015 and file a proof of service with the court. 

 

Petitioner is further directed to give notice of these proceedings to the spouse of the proposed conservatee and file a proof of service with the court. 

47. 

CONS OF MARGARET ELIZABETH FRITZINGER

SPR-88061

APPT OF C’TOR

TENTATIVE RULING:  Appearances required at 8:30 a.m. regarding the temporary conservatorship.

 

Anne N. Dennis, Esq. is appointed to represent the proposed conservatee in the conservatorship proceeding.  Court appointed counsel’s report is to be filed and served no later than 5 days prior to the hearing set on August 26, 2015.  Petitioner is directed to serve court appointed counsel with all pleadings on or before August 5, 2015, and file a proof of service with the court.   

48. 

CONS OF ROBERT P SMITH

SPR-88069

APPT OF C’TOR (E), PTN FOR SUBST JUDGMNT TO CREATE & FUND IRREVOC TRUST

TENTATIVE RULING:  Continued to August 19, 2015 at 8:30 a.m. to allow counsel to amend the petition from temporary to permanent petition or to file the correct petition as required by Probate Code section 2250 which requires that the permanent petition be filed before or with the temporary petition.

49.  DENNIS, A

CONS OF CARMEN D PAGE

SPR-88074

APPT OF C’TOR

TENTATIVE RULING:  Having read and considered the Report of the Court Investigator, the Court continues this matter to August 26, 2015.  The objections of Sandra Beglin shall be filed with the court and served on all parties on or before August 5, 2015.  Pursuant to SCLR 6.2 G. 2, 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 at least five (5) court days before the hearing.  The Statement of Issues shall comply with SCLR 6.2 G. 3 and be filed with the court and served on the Office of the Court Investigator on or before August 19, 2015. 

50.  PASSARINO, G

       WIGDAHL, L

       KIM, F

       WARREN, L 

JACK & BEATRICE WAID TRUST

SPR-86276

CONT FROM 7/15/15

REVIEW

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

 

© 2015 Superior Court of Sonoma County