Jan 16, 2017

TENTATIVE RULINGS

Probate Calendar

1/12/17 8:30 a.m. Dept. 13

Judge Bradford DeMeo

 

Dept. 13 is located at:

Hall of Justice – 600 Administration Drive

Santa Rosa, CA  95403 (2nd Floor)

 

 

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. 

 

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.  GARDNER, L

     SONOMA CO PD 

LTD CONS OF JAMES BLASCHKA

SPR-65879

ACCT & RPT

TENTATIVE RULING:  Approved. 

2.  GAULKE, P

     NORTON, T    

CONS OF TIMOTHY SAENZ

SPR-78848

CONT FROM 12/1/16

ACCT & RPT

TENTATIVE RULING: Continued to March 2, 2017 at 8:30 a.m. in Department 13.

3.  SHINDLEDECKER, T

     DE LA FOREST, C

CONS OF VIOLET TUFTS

SPR-81034

ACCT & RPT, ATTY FEES & FOR DISCHARGE

TENTATIVE RULING:  The fourth and final account of the conservator is approved.  Conservator fees are approved in the amount requested.  The Court finds that $2,975.00 is reasonable compensation for the services provided by the attorney for the conservator.  Costs are approved in the amount requested.  Upon the filing of a Receipt and an Ex parte Petition for Final Discharge and Order, Caron Schmierer shall be discharged as conservator of the estate and the surety on her bond exonerated.  Petitioner is directed to submit an order that conforms to this ruling.   

4.  NORTON, T

TRUST OF NORCIA FAMILY

SPR-84359

TRUST PETITION

TENTATIVE RULING: The petition is continued to March 16, 2017, at 8:30 a.m., in Department 13. Petitioner is ordered to file a supplemental declaration providing, in detail, the purpose of attorney fees charged by Beyers Costin Inc. and Fox & Associates. (Prob. Code §§ 1062, 1064(a)(3).)

5.  SHINDLEDECKER, T

TRUST OF LAURA A MEYER

SPR-84637

MOTION TO SET ASIDE DEFAULT

TENTATIVE RULING: Given the conclusive photographic proof of the condition of the property, the motion is denied. Deborah Wagner shall remain as Trustee with the power to sell the Trust’s real property according to the terms of the trust. 

6.  ROYBAL, A

     CAVERLY, K

     NORTON, T

TRUST OF ALLISON MCBRIDE

SPR-84976

TRUST PETITION

TENTATIVE RULING: Approved, as modified. Paralegal fees will be reduced to $135 per hour. Petitioner is to provide a revised order consistent with this ruling which indicates that updated amount of attorney fees, the hourly rates of the attorneys and paralegals, and the number of hours billed by each.  

7.  VANDYK, C

     PASSALACQUA, R

GDN OF LIAM GALINIS

SPR-85765

CHILD CUSTODY/VISITATION

TENTATIVE RULING:  Continued to February 1, 2017, at 8:30 a.m. in Dept. 22.  

8.  EASON, M

EST OF BEVERLY JEAN ECUYER

SPR-87404

FINAL DIST

TENTATIVE RULING: Approved.

9.  CHAUVEL, R

EST OF SHIRLEY CHATALIAN

SPR-87711

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Appearances required to provide the court with the information required by CRC, Rule 7.550(b)(3)(4), and (8). Petitioner is also to provide a revised order showing the amount of money to be distributed to each beneficiary. The court will allow a $5,000 reserve.

10.  BARBER, G

EST OF ANETA G HADLEY

SPR-88014

PRELIM DIST

TENTATIVE RULING: Approved, as modified. Petitioner is authorized to pay SuttleLaw, PC, $5,305.39—half of the statutory fee. Extraordinary fees are denied without prejudice. Detailed declarations are required, showing how much time each spent on the respective matters.

11.  NEVIN, J

EST OF KRYSTAL ANNE CORREIA

SPR-88161

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved, as modified. As no declaration was provided showing work performed for the requested extraordinary fees, attorney fees are only awarded for the full statutory amount of $8781.01.

12.  ELLIOTT, M

EST OF PENNY KITTLER

SPR-88518

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

13.  INGERSOLL, K

EST OF MARTIN MORALES

SPR-88764

FINAL DIST

TENTATIVE RULING: Approved, as modified. The rate billed for paralegals is reduced to $135. Petitioner has not provided authority that the court may alter the distribution provided for in the decedent’s will. Absent authority, the court will require the distribution of the assets, after payment of attorney fees and costs, to be split 50-50 between the two beneficiaries. Petitioner is to provide a revised order consistent with this ruling.

14.  EHLENBACH, J

EST OF DAVID ALLEN FARRER

SPR-88876

PTN FOR APPT OF GUARDIAN AD LITEM

TENTATIVE RULING: The petitions to appoint guardians ad litem for the four minors are approved.

15.  FISHER, R

EST OF DONALD J FREIMUTH

SPR-88918

FINAL DIST, FEES

TENTATIVE RULING: If proof of service is filed prior to the hearing, the petition is approved. Otherwise, the hearing is continued to February 16, 2017, at 8:30 a.m., in Department 13, to allow petitioner to file the affidavit.

16.  MICKELSEN, M

EST OF FRANCES M BERGSTEDT

SPR-89075

WAIVER OF ACCT & RPT, FINAL DIST

TENTATIVE RULING: Approved.

17.  GARDNER, L

CONS OF L KENT MCREE

SPR-89116

APPT OF COUNSEL FOR C’TEE

TENTATIVE RULING:  The request to appoint counsel to represent the Conservatee in the Trust matter is denied without prejudice. There is no conservatorship of the estate, and the Conservatee is not prohibited from retaining counsel to represent him in the Trust matter.

18.  EBERTS, A

       SINIGIANI, C

TRUST OF BARBARA J BLANCHARD

SPR-89255

CONT FROM 9/29/16

PTN TO DETERMINE VALIDITY OF TRUST AMENDMENTS

TENTATIVE RULING: Appearances required for case status.  

19.  WARGO, R

       BROCKWAY, G

EST OF RALPH G BRIGHT

SPR-89297

PROBATE OF WILL & ADMIN WWA

TENTATIVE RULING: Approved.

20.  SRL

PTN OF JORDYN ALEXIS KIING-WIKE

SPR-89432

CONT FROM 12/8/16

CHANGE OF NAME

TENTATIVE RULING: Approved.

21.  CYPHERS, K

TRUST OF DOUGLAS WULBRECHT

SPR-89495

CONT FROM 11/10/16

CONFIRM TITLE TO R/P

TENTATIVE RULING: Approved.

22.  SRL

PTN OF JOSEPH ANDREW DRUMMOND

SPR-89533

CONT FROM 12/8/16

CHANGE OF NAME

TENTATIVE RULING: Approved.

23.  SINIGIANI, C

TRUST OF FRANK A REGAN & EDYTH P REGAN

SPR-89653

CONT FROM 12/29/16

PTN TO ESTAB SINGLE TRUST UNDER TRUST AGMNT; APPT SUCC

TENTATIVE RULING: Approved.

24.  DAI, A

TRUST OF HARRIETT ROUMBANIS

SPR-89654

TRUST PETITION

TENTATIVE RULING: Approved.

25.  HANDELMAN, A

TRUST OF DOROTHY E FREER

SPR-89655

TRUST PETITION

TENTATIVE RULING: Appearances required.  

26.  GARDNER, L

       STERNFELD, J

TRUST OF JOANNE HAWKA

SPR-89661

TRUST PETITION

TENTATIVE RULING: As both the settlor and all beneficiaries of the trust consent to the termination of the trust, the court approves the petition.

27.  BANTI, C

TRUST OF CLEVE A DUERSON & LUCILLE D DUERSON

SPR-89662

TRUST PETITION

TENTATIVE RULING: The hearing is continued to March 16, 2017, at 8:30 a.m., in Department 13, to allow petitioner to serve all beneficiaries of the trust. (Prob. Code §§ 24, 17203.)

28.  ERLACH, M

TRUST OF JOHN H TECKENBURG & VICTORIA TECKENBURG

SPR-89677

TRUST PETITION

TENTATIVE RULING: Approved.  

29.  SRL

PTN OF ANNAN PATERSON

SPR-89691

CHANGE OF NAME

TENTATIVE RULING: Approved.

30.  SRL

PTN OF MICAELA MARGUERITE LUQUE

SPR-89694

CHANGE OF NAME/GENDER

TENTATIVE RULING: Approved.

31.  FALLON, M

EST OF GRETCHEN LEE OLT

SPR-89696

PROBATE OF WILL & ADMIN WWA

TENTATIVE RULING: The petition is approved. Bond is required in the amount of $231,950.

32.  SRL

PTN OF GREGORY BLAKE & DEE MAILIA ROBBINS SITTON

SPR-89698

CHANGE OF NAME

TENTATIVE RULING: Approved.

33.  NORTON, T

EST OF WILLIAM CLARENCE GILSON

SPR-89709

LTRS OF ADMIN

TENTATIVE RULING: Approved.

34.  EHLENBACH, J

 

 

TRUST OF DAVID FARRER

SPR-89674

CONT FROM 1/5/17

PETITION TO MODIFY TRUST

TENTATIVE RULING: Appearances required for petitioner to provide consent declarations for all beneficiaries of the trust.

 

© 2017 Superior Court of Sonoma County