Mar 20, 2019
Probate Calendar
Thursday, March 21, 2019, 2:30 p.m. – Hon. Jennifer V. Dollard
Courtroom 18, 3055 Cleveland Avenue, Santa Rosa
 
 
Probate matters will be heard as follows
 
Law & Motion Calendar: Wednesday at 3:00 p.m. in Courtroom 18
Probate Calendar: Thursday at 2:30 p.m. in Courtroom 18
Limited Conservatorship Calendar: Friday at 1:30 p.m. in Courtroom 15 
 
Courtroom 18 is located at the Civil and Family Law Courthouse:
3055 Cleveland Avenue, Santa Rosa, California 95403
 
Courtroom 15 is located at the North end of the Hall of Justice:
600 Administration Drive, Santa Rosa, California 95403
 
 
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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, CourtCall is 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. SIMI, R
EST OF STEPHEN W LIEURANCE
SPR-86872
ATTORNEY’S FEES
TENTATIVE RULING: The hearing is continued to May 2, 2019, at 2:30 p.m., in Department 18. It appears that there are four beneficiaries in this case; however, the proof of service does not show service was made on all beneficiaries. With proper notice, the court is inclined to grant the request for extraordinary fees. The court notes that fees for preparation of taxes, and winding up of the business were previously allowed as extraordinary fees in 2016. The court also notes that while fees incurred transferring records and information related to a successor administrator could arguably be ordinary, in this case the administrator quit without notice, justifying treatment of the fees as extraordinary. Similarly, the preparation of pleadings and appearance at court hearings is generally treated as ordinary, however here the fees sought are for supplemental work and a hearing resulting in the court reconsidering it’s ruling in 2016. The court therefore treats them as extraordinary under the unique facts presented. Finally, the court would not grant the fees associated with the informal accountings as extraordinary, but they are in the same amount (or within $5 of) that waived by counsel. After notice, and absent any objection, the court tentatively approves additional extraordinary fees in the amount of $12,000. The court cannot approve future attorney fees up to a cap, given the lack of certainty created by such a mechanism and that provision would be removed from any order after hearing.
 
 
2. ALBERIGI, L
CONS OF WILBUR VLASTOS
SPR-87308
WAIVER OF ACCT & RPT
TENTATIVE RULING: The final report on waiver of accounting is approved. The Court has determined that attorney fees in the amount of $1,463.00 and paralegal fees in the sum of $1,039.50 are just and reasonable for the services provided. In making this determination, the Court has considered the value of the conservatorship estate, the benefit to the conservatee, the necessity for the services performed, and the time spent in the performance of services. Regarding paralegal fees, the declaration does not satisfy the requirements of §7.703(e), as experience is not listed nor a statement of the length of time the paralegal has practiced. Normally this would require a new declaration and a continued hearing. However, given the size of the balance of the estate and the death of the conservatee this would appear to be inequitable. Instead, the court has reduced paralegal fees to $135.00 per hour, a rate commensurate with minimum experience. 
 
The requirement of a final account is waived. Distribution of the balance of the conservatorship estate as set forth in the Declaration Under Probate Code Section 13100 is approved. Bond is exonerated upon the filing of the Ex Parte Petition for Final Discharge and Order.
 
The order has been revised to conform to this ruling.
 
 
3. STARK, C
EST OF JULIAN ARLIE KARSTROM
SPR-87870
ACCT & RPT
TENTATIVE RULING: The hearing is continued to April 11, 2019, at 2:30 p.m., in Department 18, to allow petitioner to make the following amendments to the accounting.
 
1. From the form of the accounting, it appears that petitioner has reimbursed herself for all of the costs she advanced. It should be clear from reviewing the accounting how much is still owed to petitioner.
 
2. The cash in the bank account, as listed on the inventory and appraisal, needs to be included in the assets on hand at the beginning of the account.
 
3. Losses on the sale of the real property should be calculated using the contract sales price.
 
4. The amended petition should also specify the total amount of legal fees paid to Ditaranto Legal Services, not including costs. The amount already paid in legal compensation must be included as part of the total amount of ordinary (statutory) fees.
 
 
4. SAX, R
     WALKER, D
EST OF SANDRA MAE TAYLOR
SPR-089882
STATUS UPDATE
TENTATIVE RULING: It appears that the last issue left in this case is whether the creditor claims of Kerry Taylor should be accepted. The personal representative intends to file a petition for acceptance of his claims. The court will review that petition upon its filing and proper notice. As no action needs to be taken at this time, the court will drop this hearing.
 
 
5. MADERIOUS, J
TRUST OF MARGARET ROSE AUDISS
SPR-090036
ENFORCE SETTLEMENT AGMNT; REMOVE TTEE; APPT SUCC TTEE; ACCT & RPT
TENTATIVE RULING: Appearances required to set the matter for trial.
 
 
6. SO CO COUNSEL
CONS OF MARIA ELENA CARRASCO
SPR-090375
CONT FROM 2/14/19
ACCT & RPT
TENTATIVE RULING: The first account and report of conservator is approved. The Court has determined that attorney fees in the amount of $950.00 are just and reasonable for the services provided. The Court has determined that conservator fees in the amount of $17,408.00 are just and reasonable for the services provided. In making these determinations regarding fees, the Court has considered the value of the conservatorship estate, the benefit to the conservatee, the necessity for the services performed, and the time spent by the conservator in the performance of services.
The order has been revised to conform to this ruling.
 
 
7. GULLOTTA, E
EST OF DANIEL ELGA AUSTIN
SPR-090698
PRELIMINARY DISTRIBUTION
TENTATIVE RULING: Per request of counsel, this matter has been continued to March 28, 2019, at 2:30 p.m., in Department 18.
 
 
8. KWASNESKI, K
EST OF DAVID LEROY WESTCOTT
SPR-091263
ACCT & RPT
TENTATIVE RULING: The hearing is continued to April 4, 2019, at 2:30 p.m., in Department 18, to allow petitioner to comply with Local Rule 6.3.H, specifically, the petition “… shall include an estimate of the amount of costs, taxes, or other expenditures for which the reserve is requested.”
 
 
9. COPENHAVER, E
EST OF FRANKLIN EDWARD COHN
SPR-091366
ACCT & RPT
TENTATIVE RULING: The hearing is continued to April 25, 2019, at 2:30 p.m., in Department 18. The court needs further clarification on the following issues:
 
  1. Is Wolcott Financial Solutions (“WFS”) affiliated with petitioner or does petitioner have any financial stake in WFS?
  2. What were the repayments to WFS for; i.e., to whom did WFS make payments made and for what?
  3. How many people participated in the cleanup of the property? How long did each work and what were they paid?
  4. What, if anything, did petitioner do to find workers in the Valley Ford area; or, why was it more cost effective to bring in workers from elsewhere and set them up in a hotel?
  5. How many miles did the petitioner travel in total?
 
10. ZAKASKY, J
EST OF STEPHEN WILHITE
SPR091466
WAIVER OF ACCT & RPT
TENTATIVE RULING: Petitioner’s counsel requests reimbursement for fees in the amount of $1,445.00 but does not include an explanation as to the nature or purpose of each item constituting the costs as required by CRC Rule 7.550(b)(7).  Upon filing the list of costs, the petition is approved in full.
 
 
11. SARTORI, D
EST OF DONALD P RAMATICI
SPR-091576
ACCT & RPT
TENTATIVE RULING: Approved.
 
 
12. DALE, S
TRUST OF DYLAN ALVAREZ
SPR-091582
ACCT & RPT
TENTATIVE RULING: This matter is continued to April 25, 2019 at 2:30 p.m. in Department 18. Petitioner is ordered to provide the Court, on or before April 16, 2019 with copy provided to the Court Investigator, authority for the payment of trustee fees incurred prior to court approval of the minor’s compromise necessitating the need for a trust, prior to the creation of the trust document, and prior to the funding of the trust.
 
 
13. MAGUIRE, C
EST OF LINDA K CANTRELL
SPR-091670
SALE OF PROPERTY
TENTATIVE RULING: Appearances required for confirmation of the sale of property located at 300 Stony Point Road # 175, Santa Rosa, CA 95401.
 
 
14. KWASNESKI, K
EST OF DAVID ELMO WATSON
SPR-091958
WAIVER OF ACCT & RPT
TENTATIVE RULING: Approved.
 
 
15. JOHNSTON, R
EST OF RONALD SCARDINO
SPR-091961
WAIVER OF ACCT & RPT
TENTATIVE RULING: Approved.
 
 
16. SRL
EST OF JOHN SEDGWICK ARNOLD
SPR-092011
WAIVER OF ACCT & RPT
TENTATIVE RULING: Approved.
 
 
17. O’DONNELL, D
EST OF LOWELL DEAN GARNER
SPR-092103
WAIVER OF ACCT & RPT
TENTATIVE RULING: Approved.
 
 
18. ALLEN, J
       ROBERTS, M
TRUST OF ANNA JEAN FANUCCHI
SPR-092522
FIRST AMENDED PTN TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENT; IMPOSE CONSTRUCTIVE TRUST; ELDER ABUSE; FOR ACCTGS; ATTY FEES; DAMAGE & REMOVAL OF SUCC TTEE & APPT IND FIDUCIARY
 
REQUEST FOR FULL EVIDENTIARY HEARING & JURY TRIAL
TENTATIVE RULING: The hearing is continued to April 18, 2019, at 2:30 p.m., in Department 18. As objections have been filed, pursuant to local rule 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, if possible, otherwise by telephone conference, before any hearing of the contested petition.
 
 
19. SRL
PTN OF ANTHONY JOSEPH DELMONTE
SPR-092636
CHANGE OF NAME
TENTATIVE RULING: The Court will call this matter to allow the petitioner to sign the petition if present in the courtroom. If the petitioner is not present, the hearing will be continued to April 4, 2019, at 2:30 p.m., in Department 18, to allow petitioner to sign the petition before the continued hearing date. Petitioner must sign not only in the declaration box, but also at the end of the petition. Publication is sufficient and no further publication is required. Once signed, the petition will be granted.
 
 
 
20. SRL
PTN OF TERRANCE ALLEN YOCUM
SPR-092639
CHANGE OF NAME
TENTATIVE RULING: Approved.
 
 
21. CHAVEZ, M
TRUST OF NEAL GRIFFITH
SPR-092642
PTN TO APPT TTEE
TENTATIVE RULING: Approved.
 
 
22. SRL
PTN OF BENJAMIN COLEMAN ADELMANN AND JANE CHARLOTTE PHILLIPS
SPR-092650
CHANGE OF NAME
TENTATIVE RULING: Due to the requirements of Cal. Civil Code of Procedure section 1277.5, this matter may not be approved until March 28. Absent objection, no further hearing will be set and the court will sign the order on March 28. The parties should call the probate clerks at 521-6650 to make sure the order is signed and processed prior to traveling to the courthouse to retrieve the order.
 
 
23. JEFFREY, K
EST OF SUZANNE FURBER
SPR-092651
SPOUSAL PROPERTY PETITION
TENTATIVE RULING: The petition is approved. The order has been modified to indicate that only 50% of the property passes to the petitioner; the language “Decedent’s 50% interest in the subject community property” has been added to Attachment 5a.
 
 
24. SRL
PTN OF JENNIFER VAIL ZUNINO
SPR-092653
CHANGE OF NAME
TENTATIVE RULING: Approved.
 
 
25. SRL
PTN OF RICHARD FORREST TATUM
SPR-092658
CHANGE OF NAME
TENTATIVE RULING: Approved.
 
 
26. BANTI, C
EST OF CHARLES HOWARD TURNER
SPR-092690
DETERMINE SUCCESSION TO R/P
TENTATIVE RULING: Approved.
 
 
27. ZAKASKY, J
EST OF PAGE NORMAN OELLEIN
SPR-092746
PROBATE OF WILL
TENTATIVE RULING: The petition is approved. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
 
28. JOHNSTON, R
EST OF GERALD A STAFFORD
SPR-092756
PROBATE OF WILL
TENTATIVE RULING: Appearances required. The court intends to inquire into whether the original will was found in the safe deposit box.
  
 
29. ERCOLINI, E
EST OF JENNIFER ANN D’AMBROSIO
SPR-092775
LTRS OF ADMIN
TENTATIVE RULING: Per request of counsel, the hearing is continued to April 4, 2019, at 2:30 p.m., in Department 18.
 
 
30. SONOMA CO COUNSEL
CONS OF RONALD CHEK
SPR-092781
   
APPT OF C’TOR
TENTATIVE RULING: Approved.
 
 
 
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