Nov 20, 2017

 

TENTATIVE RULINGS

Probate Calendar

11/16/17 8:30 a.m. Dept. 12

Judge Bradford DeMeo

 

Dept. 12 is located at:

Hall of Justice – 600 Administration Drive

Santa Rosa, CA  95403 (2nd Floor)

 

Beginning January 2018, the Probate Calendar will be heard on Thursdays at 10:30 a.m. in Dept. 22.  Limited Conservatorship matters will be heard on the LPS calendar on Tuesdays at 1:30 p.m. in Dept. 23. 

 

Depts. 22 and 23 are located at the Civil and Family Law Courthouse – 3055 Cleveland Avenue.

 

UPDATED INSTRUCTIONS FOR THE PROBATE CALENDAR: Regular probate calendars will resume court session November 30, 2017.  We will continue to post tentative rulings on Wednesday of each week.  If a party wishes to be heard regarding a tentative ruling, please follow the procedure pursuant to Local Rule 6.2, F, 2, b.  Your case will be set for hearing on a regular probate calendar after November 30, 2017, as space permits.  We appreciate your patience and understanding in this unprecedented challenging time for Sonoma County and its citizens.

 

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, 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.  CourtCall Video is now available for remote court appearances on the Probate Calendar.

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. 

 

SNT OF EUGENE VERN CULBERTSON

SPR-86082

ACCT & RPT

TENTATIVE RULING:  Continued to January 11, 2018, for petitioner to lodge financial statement pursuant to PrC§ 2620 (c) (3) and PrC§§ 1060-1064. Petitioner is ordered to submit time diary pursuant to Local Rule 6.5 C 3a.

 

 

2.  COOPER, D

     COPENHAVER, E

EST OF JACK W. FELAND

SPR-86284

CALENDAR CONTROL

TENTATIVE RULING: The court ordered mandatory appearances for November 16. However, as the court is not holding any probate hearings on that date, the hearing is continued to December 14, 2017, at 8:30 a.m., in Department 12. Petitioners are ordered to appear on that date for the status of discovery and the accounting.

 

 

3.  EPSTEIN, P

TRUST OF WEST FAMILY

SPR-86854

TRUST PETITION

TENTATIVE RULING: The hearing is continued to December 21, 2018, at 8:30 a.m., in Department 12. Petitioner needs to provide: a statement of compensation for all attorneys hired by the Trustee including a description of the services provided; a schedule setting forth the proposed distribution including calculation of previous disbursements to each beneficiary to show the total amount for each beneficiary; and, a statement of authority to support petitioner’s request regarding the share belonging to Chris West. Petitioner is to send notice of the December 21 hearing to all those requiring notice.

 

 

4.

EST OF SARAH ALLISON ABRAMSON

SPR-87034

STATUS REPORT

TENTATIVE RULING: Approved.

 

 

5.  CAMPOPIANO, H

EST OF JOHN FREDRIK CARL EKSTROM

SPR-88824

STATUS REPORT

TENTATIVE RULING: Approved.

 

 

6.

EST OF SUSAN MARIE DANIEL

SPR-88904

WOA & RPT

TENTATIVE RULING: The petition is approved. As petitioner has not adequately explained the need for a larger reserve, the court will allow a reserve in the amount of $2,000.

 

Note: Counsel is to note Prob. Code section 12200’s timelines and report requirements.

 

 

7.  TAPELLA, C

CONS OF CATHERINE T PACHECO

SPR-89113

ATTY’S FEES

TENTATIVE RULING:  Approved.

 

Conservator’s fee approved in the amount of $1,489.56. 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 conservatorship of similar size and complexity.

 

Attorney fees are approved in the amount of $2,353.50. 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. Costs and expenses are approved in the amount of $1,051.85 pursuant to SCLR 6.5 D (1) (a). The Court denies costs and expenses in the amount of $421.62 pursuant to SCLR 6.5 D (1) (b). Counsel shall reimburse the estate in the amount of $421.62 for the previously paid costs and expenses.

 

The order has been revised to conform to this ruling.

 

 

8.  MCCARTHY, J

     PENSON, D

TRUST OF RUBY Z WONG

SPR-089503

ATTY’S FEES

TENTATIVE RULING: The hearing on the petition is continued to December 21, 2017, at 8:30 a.m., in Department 12. As objections have been filed, pursuant to SCLR 6.2 (G)(2) and (3), 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. 

 

 

9.  COPENHAVER, E

EST OF THELMA CYRISE BURGER

SPR-089522

ACCT & RPT

TENTATIVE RULING: The hearing is continued to December 14, 2018, at 8:30 a.m., in Department 12. Petitioner’s Rejection of Oakmont Village Association aka Aspen Meadows Owner’s Association should be mailed c/o United Trustee Services at 696 San Ramon Valley Blvd. Suite 353. Petitioner should note that the wrong creditor’s claim was attached to the proof of service for the Allowance of Claim for J&L Collection Services, Inc.

 

Petitioner shall provide a supplement establishing what was done prior to donating the Saturn VUE; i.e., when notice of the proposed action was given; what steps, if any, were taken to sell the vehicle; and how it was determined that the cost of collecting, maintaining, and safeguarding the property would exceed its fair market value.

 

Unless petitioner files a supplemental declaration which adequately explains the need for a larger reserve, the court intends to allow a reserve in the amount of $2,000.

 

The court calculates a fee base of $429,222.29, by subtracting the total value of the Saturn. Statutory fees are calculated at $11,584.45.

 

Petitioner is to submit a revised order for the subsequent hearing.

 

Note: Courts are no longer imposing a graduated filing fee. Consequently, the graduated filing fee does not need to be referenced in a petition for final distribution.

 

 

10.  JOHNSON, S

EST OF PATTI KAY MARTINEZ

SPR-089564

ACCT & RPT

TENTATIVE RULING: The petition is approved. The request for extraordinary fees is denied; the services provided were ordinary in nature. As petitioner has not adequately explained the need for a larger reserve, the court will allow a reserve in the amount of $2,000. The order has been modified to conform to this ruling.

 

 

11.  GULLOTTA, E

EST OF CHRISTOPHER WELSH

SPR-089650

WOA & RPT

TENTATIVE RULING: Approved.

 

Note: Inventory and Appraisals are required to be filed within four months after letters are first issued to a general personal representative. (Prob. Code section 8800(b).)

 

 

12.  BIRNIE, T

EST OF CHRISTINA MARIE MASSINGILL

SPR-089806

FINAL DIST

TENTATIVE RULING: Approved.

 

 

13.  ZATMAN, M

       REESE, D

TRUST OF GEORGIA L PEOPLES

SPR-089876

FINAL DIST

TENTATIVE RULING: The hearing is continued to December 14, 2017, at 8:30 a.m. in Dept. 12.  As objections have been filed, pursuant to SCLR 6.2 (G)(2) and (3), 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. 

 

 

14.  SYKES, K

EST OF LEE JAY HUDKINS

SPR-089904

WOA & RPT

TENTATIVE RULING: Approved.

 

 

15.  LAWRENCE, M

EST OF ALVIN NAKAGAWA

SPR-089939

WOA & RPT

TENTATIVE RULING: Approved.

 

 

16.  GOLDBERG, S

TRUST OF RICHIE ANN HECK

SPR-089969

TRUST PETITION

TENTATIVE RULING: Approved.

 

 

17.  GOLDBERG, S

TRUST OF RICHIE ANN HECK FAMILY

SPR-089971

TRUST PETITION

TENTATIVE RULING: Approved.

 

 

18.  NAUMAN, D

EST OF THOMAS HENDERSON

SPR-090014

ACCT & RPT

TENTATIVE RULING: The petition is granted, as follows. The court finds that under the circumstances of this case, extraordinary fees for the personal representative are reasonable in the amount of $275. As petitioner has not adequately explained the need for a larger reserve, the court will allow a reserve in the amount of $2,000.  The court calculates the amount of cash on hand to distribute as being $137,972.03. All other requests are approved. The order has been modified to conform to this ruling.

 

Notes: Paragraph 21 has been struck from the order as not being an appropriate finding on this petition.

 

The Rev. & Tax.C. provision requiring Franchise Tax Board Income Tax Certificate for certain distributions (Rev. & Tax.C. § 19513) has been repealed (Stats. 2013, Ch. 239). Consequently, the Certificate need no longer be referenced in a petition for final distribution.

 

 

19.  LARSSEN, E

TRUST OF WILLIE L & IDA M GARRETT

SPR-090199

STATUS REPORT

TENTATIVE RULING: The court has been informed that this case has settled.

 

 

20.  DOHERTY, T

EST OF GARY REID COOK

SPR-090263

SPOUSAL PROPERTY PTN

TENTATIVE RULING: Approved.

 

 

21.  SHEA, W

TRUST OF CLEO O SNYDER & MERLE JERRY SNYDER

SPR-090594

TRUST PETITION

TENTATIVE RULING: Approved upon filing proof of service of notice of the hearing and the petition upon the trust beneficiaries.

 

 

22.  SRL

EST OF MAY ANDREOLI

SPR-090623

DETERMINE SUCCESSION TO R/P

TENTATIVE RULING: Petitioner has filed a petition to clear title to decedent’s property under Prob. Code section 13150 et seq. Section 13150 et seq. may not be used to transfer personal property alone; nominal personal property transfers outside probate should be effected by § 13100 affidavit. As the petition only seeks to transfer personal property, the petition is denied as defective.

 

While the petition indicates that the decedent died “intestate”; i.e., without a will, the petition also states that decedent named executors in her will. If the decedent left a will, the original will should be delivered to the probate clerks regardless of whether petitioner intends to commence probate.

 

 

23.  MANGINI, J

TRUST OF JUNGHANS N HASSOLD & JOHN N HASSOLD

SPR-090624

TRUST PETITION

TENTATIVE RULING: Approved.

 

 

24.  BURAU, J

EST OF KATHLEEN M MCLAIN-PORTER

SPR-090625

LTRS OF ADMIN

TENTATIVE RULING: Approved.

 

 

25.  BROWN, D

EST OF ANNA MAE BROWN

SPR-090627

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

 

26.  BERRY, M

EST OF CLAY ELDEN RUFFINO

SPR-090630

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: The petition is granted as to 50% of the decedent’s separate property. (Prob. Code section 6401(c)(2)(B).) The order has been modified to comply with this ruling.

 

 

27.  BRICENO, F

EST OF DAVID THOMAS LITTLE

SPR-090634

LTRS OF ADMIN

TENTATIVE RULING: The petition must be signed by the petitioner’s attorney. The petition will be approved upon providing said signature.

 

 

28.  NAUMAN, D

TRUST OF MICHAEL D WESOLOWSKI & JOYCE L WESOLOWSKI

SPR-090728

TRUST PETITION

TENTATIVE RULING: Per request of counsel, the matter is continued to January 4, 2018. The hearing will be held at 10:30 a.m. in Department 22 located at 3055 Cleveland Avenue.

 

 

29.  BANTI, C

TRUST OF PAUL HAMILTON

SPR-090730

TRUST PETITION

TENTATIVE RULING: Continued to January 4, 2018, at 10:30 a.m., in Department 22 located at 3055 Cleveland Avenue.  As objections have been filed, pursuant to SCLR 6.2 (G)(2) and (3), 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.

 

 

30.  SRL

PTN OF DEBORA MARIE EMMONS

SPR-090736

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

31.  BOHNE, R

EST OF PAUL CORBETT

SPEDICK, JR.

SPR-090737

LTRS OF ADMIN

TENTATIVE RULING: Approved.

 

 

32.  RONDON, B

EST OF MARIAN WINIFRED

DU JARDIN

SPR-090738

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. Bond will be required in the amount of $1,070,000.00.

 

 

33.  SAX, R

EST OF EDRICK K ZANGA

SPR-090739

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: The petition is granted as to 1/3 of the decedent’s separate property. (Prob. Code section 6401(c)(3)(A).) The order has been modified to comply with this ruling.

 

 

34.  HARPER, L

TRUST OF ALBERT AND MARIE CORDOVA

SPR-090740

TRUST PETITION

TENTATIVE RULING: The hearing is continued to December 14, 2017, at 8:30 a.m., in Department 12. Petitioner is to provide a supplement to the petition establishing location of the trust’s principal place of administration and argument if it is petitioner’s position that venue should be based upon something other than the location of the trust’s principal place of administration. (See Prob. Code section 17002; see also Prob. Code section 17005.)

 

 

35.  CAMPOPIANO, H

TRUST OF ANN BAUMANN

SPR-090744

TRUST PETITION

TENTATIVE RULING: Approved.

 

 

36.  SRL

PTN OF STEPHANIE MCCRADY

SPR-090745

CHANGE OF NAME

TENTATIVE RULING: Approved.

                                 

 

37.  DENNIS, A

EST OF MARY LEONA ROGINA

SPR-090746

PROBATE OF WILL

TENTATIVE RULING: The hearing is continued to December 28, 2017, at 8:30 a.m. in Dept. 12.  As objections have been filed, pursuant to SCLR 6.2 (G)(2) and (3), 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. 

 

 

38.  SRL

PTN OF ALLISON KATE THROWER

SPR-090749

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

39.  SHINDLEDECKER, T

TRUST OF KAYE FAMILY

SPR-090750

TRUST PETITION

TENTATIVE RULING: Approved.

 

 

40.  DENNIS, A

EST OF JOHN MAY

SPR-090757

LTRS OF ADMIN

TENTATIVE RULING: Approved.

 

 

41.  GALE, B

EST OF RICHARD MILO THOMSON

SPR-090768

LTRS OF ADMIN

TENTATIVE RULING: At the request of counsel, the hearing is continued to December 21, 2017, at 8:30 a.m., in Department 12.

 

 

42.  SARTORI, D

EST OF RICHARD A OLMSTEAD

SPR-090770

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

 

43.  SPEARS, K

EST OF LAURA MOSS CORSE

SPR-090771

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

 

44.  ERCOLINI, E

EST OF BETTY LOU MITCHELL MAYER

SPR-090773

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. Petitioner Robyn Rosenthal is appointed as administrator with will annexed. (Prob. Code section 8440.) Bond will be required in the amount of $345,000.00 unless bond waivers are provided by the beneficiaries. The will only waives bond for named executors.

 

 

45.  O’DONNELL, D

EST OF MANUEL M VASQUEZ

SPR-090780

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

 

46.  SRL

PTN OF MATTHEW LAYNE CHRISTIANSEN

SPR-090782

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

47.  SRL

PTN OF SOPHIA ALICA STOKER

SPR-090788

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

 

48.  MEZZETTA, M

EST OF LAURA LEE SCHAAD

SPR-090796

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

 

49.  ERLACH, M

CONS OF JAYNE O BROWN

SPR-090827

APPT OF C’TOR

TENTATIVE RULING:  Continued to December 14, 2017, at 8:30 a.m.  Petitioner is directed to personally serve the proposed conservatee, no later than November 28, 2017, with the citation and copy of the petition and file proof of service with the court.

 

 

© 2017 Superior Court of Sonoma County