Jul 19, 2018

 

 

 

TENTATIVE RULINGS

Probate Calendar

7/19/18 3:00 p.m. Courtroom 18

Judge René Chouteau

Probate matters will be heard as follows: 

Courtroom 18 is located at the Civil and Family Law Courthouse:

3055 Cleveland Avenue, Santa Rosa, California 95403

PROBATE CALENDAR ORDERS WILL BE AVAILABLE AT 2:30 P.M. ON FRIDAY JULY 20TH IN THE PROBATE DEPARTMENT, LOCATED AT 3055 CLEVELAND AVENUE.

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ANNOUNCEMENT: Beginning August 2, 2018, the Probate Calendar will be heard by the Honorable René Chouteau on Thursdays at 2:30 p.m. in Courtroom 18.

The Probate Law & Motion Calendar will be heard by the Honorable René Chouteau on Wednesdays at 3:00 p.m. in Courtroom 18.

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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 3:45 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.  CourtCall Video is now available for remote court appearances on the Probate Calendar.

1.  HAEUSER, T

    

CONS/TRUST OF MICHAEL CARR

SPR-59105

CONT FROM 6/14/18

ACCT & RPT

TENTATIVE RULING:  Approved. Bond increase by $324,286.00. Petitioner shall not pay attorney fees without a court order. Trustee’s and attorney fees approved as prayed.

2.  PASSALACQUA, R

EST OF FLORENCE SOTAK

SPR-70482

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

3.  WINTERS, A

     MANWELL, M

TRUST OF ROSEMARIE BLOOD

SPR-87248

TRUST PETITION

TENTATIVE RULING: Approved.

 

4.  CHAMBERS, T

     MORRILL, J

TRUST OF KATHERINE NASH

SPR-089502

ACCT & RPT

TENTATIVE RULING: The hearing is continued to August 30, 2018, at 2:30 p.m., in Department 18. Petitioner must file proof of service of the petition on all those entitled to notice as well as statement of all compensation paid to the attorneys of the fiduciaries which contains sufficient information for the court to be able to analyze the reasonableness of the rate and the amount of time devoted to each matter.

 

5.  COPENHAVER, E

EST OF VICTOR ANTHONY BRAIN

SPR-090107

FINAL DIST

TENTATIVE RULING: The petition is approved. Petitioner is to provide a second amended order which includes an updated proposed distribution of property on hand, which is to be attached to the order. Petitioner should also correct the typos at 1:25 of the proposed order.

 

6.  RODRIGUEZ, M

EST OF ROXANNE PATRICIA CORNEJO

SPR-090354

ACCT & RPT

TENTATIVE RULING: Approved.

 

7.  GULLOTTA, E

EST OF MOHAMAD TAGHI NAJMABADI

SPR-090558

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

8.  SINIGIANI, C

EST OF DOUGLAS CHESTER OSTROWSKI

SPR-090584

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

9.  PASSALACQUA, R

EST OF AUDREY B TOBONI

SPR-090808

WAIVER OF ACCT & RPT

TENTATIVE RULING: The hearing is continued to August 2, 2018, at 2:30 p.m., in Department 18, to allow petitioner to file the spousal election required by CRC, Rule 7.652.

 

10. ZSHORNACK, E

TRUST OF PILAR D GUEVARRA

SPR-091333

TRUST PETITION

TENTATIVE RULING: Per request of counsel, the hearing is continued to October 25, 2018, at 2:30 p.m., in Department 18.

 

11.  COPENHAVER, E

TRUST OF THOMAS J NEGRINO

SPR-091367

TRUST PETITION

TENTATIVE RULING: Approved.

 

12.  SRL

PTN OF ASHLEY FORTSCH

SPR-091410

CHANGE OF NAME FOR MINOR’S

TENTATIVE RULING: The hearing is continued to August 23, 2018, at 2:30 p.m., in department 18 to allow petitioner to file proof that the petition was published in a local newspaper as required by Cal. Civil Code of Procedure section 1277(a)(2) and to file proof of service of the Order to Show Cause on the non-consenting parent of the minor as required by Cal. Civil Code of Procedure section 1277(a)(4). If petitioner is unable to locate the other parent, petitioner should file Local Form PR-7, Declaration of Diligent Search, available from the court’s website.

 

13.  JACOBS, K

EST OF MARGARET HUNTER

SPR091455

LTRS OF ADMIN

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.

 

14.  JOHNSTON, R

TRUST OF MICHAEL R PAINE

SPR-091575

PTN CONFIRMING ASSETS TO TRUST

TENTATIVE RULING: The petition is approved as to the various items of jewelry, silver, gold, and palladium coins and bullion held in a safe deposit box with Exchange Bank. The petition establishes that the decedent signed an Assignment of Personal Property assigning all articles of personal property to the trust. The petition is denied as to Exchange Bank accounts ending with 0768 and 5186. The petition does not establish that the decedent intended to hold these accounts in trust; they are not an article of personal property and are not listed with other accounts on Schedule A of the trust.

 

15.  STAGG, B

TRUST OF ELMINA M PELS

SPR-091598

CONT FROM 7/5/18

1ST ACCT & RPT

TENTATIVE RULING: Having reviewed the petitioner’s statement of compensation, the petition is approved.

 

16.  WARGO, R

TRUST OF SHROPSHIRE AND TRUST OF DOROTHY SHROPSHIRE

SPR-091647

PTN TO MODIFY TRUSTS

TENTATIVE RULING: The petition is denied. Petitioners have not established that the reason for modifying the trust outweighs the interest in accomplishing a material purpose of the trust or, if section 15300 is applicable, that there is good cause to essentially terminate the trust as to the subject Real Property by allowing its immediate distribution. Petitioners have also not established that the circumstances alleged to support a trust modification, or termination by immediate distribution, are circumstances that could not have been anticipated by the settlors, or that the continuation of the trust under its current terms would defeat or substantially impair the accomplishment of the purposes of the trust.

 

17.  BAILEY, F

TRUST OF GYVEN MCINTOSH & JEAN MCINTOSH

SPR-091649

TRUST PETITION

TENTATIVE RULING: Per request of counsel, the hearing is continued to August 23, 2018, at 2:30 p.m., in Department 18.

 

18.  MANWELL, M

THE WILLIAM H. DAL MOLIN 2002

REVOCABLE TRUST

SPR-091661

TRUST PETITION

TENTATIVE RULING: The petition is approved. Trustee’s fees are approved in the amount set forth in the compromise and settlement.

 

19.  SRL

PTN OF VANESSA CELESTE LUMIERE JASPER

SPR-091665

CHANGE OF NAME FOR MINOR

TENTATIVE RULING: Approved

                                                                                   

20.  EPSTEIN, R

TRUST OF ROBERT E MUSTER & LORETTA C MUSTER

SPR-091671

TRUST PETITION

TENTATIVE RULING: Per request of counsel, the hearing is continued to August 23, 2018, at 2:30 p.m., in Department 18.

 

21.  SRL

PTN OF ERIN KATHLEEN CLARKE

SPR-091672

CHANGE OF NAME

TENTATIVE RULING: Approved

      

22.  SRL

PTN OF NATALIE WILKEY

SPR-091673

CHANGE OF NAME

TENTATIVE RULING: The hearing is continued to August 23, 2018, at 2:30 p.m., in department 18 to allow petitioner to file proof of service of the Order to Show Cause on the non-consenting parent of the minor as required by Cal. Civil Code of Procedure section 1277(a)(4). If petitioner is unable to locate the other parent, petitioner should file Local Form PR-7, Declaration of Diligent Search, available from the court’s website.

 

23.  STAKER, K

EST OF ANN M ROBINSON

SPR-091674

DETERMINE SUCCESSION TO R/P

TENTATIVE RULING: Approved.

 

24.  SRL

PTN OF ELIZABETH RENEE YOUNGS

SPR-091688

CHANGE OF NAME

TENTATIVE RULING: Approved

      

25.  SRL

PTN OF JENNIFER ROSALIND SMITH

SPR-091689

CHANGE OF NAME

TENTATIVE RULING: Approved

      

26.  GRANT, K

EST OF MANUEL GONSALVES

SPR-091690

LTRS OF ADMIN

TENTATIVE RULING: Appearances required.

 

27.  SRL

PTN OF VICTORIA KATHRYN CARPENTER

SPR-091691

CHANGE OF NAME

TENTATIVE RULING: Approved

      

28.  SRL

PTN OF MADISON NORA BOYADJIEFF

SPR-091693

CHANGE OF NAME AND GENDER

TENTATIVE RULING: Approved

 

29.  SRL

GDN OF CURTIS CLINTON GRAHAM WALKER & AUDREY EMILY COLETTE WALKER

SPR-091698

APPT OF GDN [E]

TENTATIVE RULING: Continued to July 26, 2018.  Petitioner is directed to contact the Office of the Court Investigator, no later than July 23, 2018, to advise the name and address of the financial institution where funds will be deposited.

 

30.  SRL

PTN OF DANIEL MICHAEL JOSEPH BRAUNER

SPR-091702

CHANGE OF NAME

TENTATIVE RULING: Approved

      

31.  SRL

PTN OF ALEXANDRA LEIGH HANLEY

SPR-091704

CHANGE OF NAME AND GENDER

TENTATIVE RULING: Approved

 

32.  SRL

PTN OF CHRISTOPHER HARRIS AND BARBARA L TOWNER

SPR-091710

CHANGE OF NAME FOR MINOR

TENTATIVE RULING: Approved

                                 

33.  SRL

PTN OF NICOLE LEANN WOODHAM

SPR-091711

CHANGE OF NAME

TENTATIVE RULING: Approved

      

34.  STERNFELD, J

CONS OF ANASTASIA PASCU

SPR-091744

APPT OF C’TOR

TENTATIVE RULING:  On July 10, 2018, petitioner filed a notice of hearing continuing the matter to July 26, 2018.

 

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