Feb 13, 2016

TENTATIVE RULINGS

Probate Calendar

2/10/16 8:30 a.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 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.    HASTINGS, J, obo Patricia Hinrichs

       STRAUSS, J, obo Patricia Hinrichs

       SHEA, W, obo Terry Rowland

       SINIGIANI, C, obo Terry Rowland

JACK A HUDSON & MARILYN R STAVISH TRUST

SPR-87287

CONT FROM 12/2/15

PTN TO RETURN & DIST PROP

 

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

2.   MILLER, M

TRUST OF MARILYN M SALATA

SPR-87801

CONT FROM 1/13/16

4TH ACCT & RPT

TENTATIVE RULING:  Continued to March 2, 2016, at 8:30 a.m., to allow court investigator to receive the completed trust files from Alameda County.

3.   LAFRANCHI, A

      RONDON, B

      SHINDLEDECKER, T

CONS OF LELAND SPAULDING

SPR-57246

ACCT & RPT, FEES, APPT OF SUCC

TENTATIVE RULING:  Approved.  

4.   COPENHAVER, E

     

CONS OF LISA CARAVACCI

SPR-86888

CONT FROM 1/27/16

ACCT & RPT, FEES

TENTATIVE RULING: The first consolidated account and report of the conservator of the estate and trustee, and petition for approval of account and report, conformation of acts of trustee, trust assets, and fees for the attorney and trustee are approved as follow:

 

1.      Despite irregularities, the first consolidated account and report of the estate and special needs trust is approved. Future accountings shall not be consolidated and in the event the estate meets all of the requirements of PrC §2628 to waive an account, pursuant to Sonoma County Local Rule 6.4.F.5 (b), the conservator shall request the waiver of account by completing and filing local form PR6.

 

The property on hand at the beginning of the second account and report of the special needs trust shall be $356,372.26, which is the property on hand at the end of the first consolidated account minus the Social Security Income.

 

2.      Attorney fees are approved in the amount of $2,449.50. In making this determination the Court has considered the nature and difficulty of the tasks performed, the time spent, the results achieved, and the benefit to the Conservatee/beneficiary.

 

3.      Conservator fees are proved in the amount of $4,818.00. 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 conservatorships of similar size and complexity.

 

4.      Bond is set in the amount of $405,000.  Petitioner shall provide evidence that such Bond has been obtained.

 

Counsel is ordered to prepare an order in conformance with the Court’s ruling. 

5.   RONALD, B

CONS OF RALPH SMITH

SPR-88554

APPT OF C’TOR

TENTATIVE RULING:  Continued to February 24, 2016, at 8:30 a.m., at the request of counsel.

6.   DE SANTIS, L

CONS OF CAROL JEANNE ARNETT

SPR-88568

APPT OF C’TOR

TENTATIVE RULING: Having received information from the office of the probate court investigator that the temporary Conservatee has died, the court directs counsel for the petitioner to file a Request for Dismissal (Judicial Council form 982 (a) (5)). No appearances are required.

 

The request for attorney fees is continued to March 30, 2016, at 8:30 a.m. Counsel is directed to file and serve, no later than March 23, 2016, a statement of facts in support of fees that complies with the requirements of CRC 7.751 (b) and 7.702 along with time records to support the statement of facts (SCLR 6.5C3 (a)). The documents shall also be served on the office of the Probate Court Investigator on or before March 23, 2016.

 

Counsel is ordered to prepare an order in conformance with the Court’s ruling. 

 

© 2016 Superior Court of Sonoma County