May 26, 2016

TENTATIVE RULINGS

Probate Calendar

5/26/16 at 2:30 p.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 2:45 p.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.  GALVIN, D

EST OF ANTHONY UNCIANO

SPR-88975

PROBATE OF WILL

TENTATIVE RULING: If proof of publication is filed prior to the hearing, the petition is granted.  If not, the matter is continued to June 23, 2016, to allow petitioner to file the affidavit.

2.   MACKAY, B. for Leslie Grevin

      RAMSEYER, R. for Thongsy Phetsinorat

EST OF IDA M SPILLER

SPR-88682

CONT FROM 4/7/16

LTRS OF ADMIN

TENTATIVE RULING: Upon further review of the competing petitions, the court will appoint Thongsy Phetsinorat as the personal representative. (Prob. Code § 8465(a),(c).) Bond is fixed at $830,298.

3.   CROWLEY, D

EST OF MARSHA GAIL GASTWIRTH

SPR-88978

LTRS OF ADMIN

TENTATIVE RULING: If proof of publication is filed prior to the hearing, the petition is granted.  If not, the matter is continued to June 23, 2016, to allow petitioner to file the affidavit.

4.   PASSALACQUA, T

EST OF JOSEPH MARIO PIERONI

SPR-89006

LTRS OF ADMIN

TENTATIVE RULING: If proof of publication is filed prior to the hearing, the petition is granted.  If not, the matter is continued to June 23, 2016, to allow petitioner to file the affidavit.

5.   WARD, T. for Petitioner Robert Sciaini

EST OF JANICE M SCIAINI

SPR-49992

CONT FROM 4/14/16

TRIAL SETTING CONFERENCE

TENTATIVE RULING: Appearances required at 2:30 p.m. for case status.

6.   KORN, K.for Petitioner Alec Candia

      NORTON, T. for Special Administrator William Zuur

EST OF JOSEPH CANDIA

SPR-75629

CONT FROM 4/14/16

ACCT & RPT, FEES

TENTATIVE RULING: Approved.

7.   GEORGE, V

      MITCHELL, S

EST OF WILLIAM NICHOLAS DUBS

SPR-86483

ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved. However, the Closing Reserve is lowered to $7,500 and petitioner is ordered to provide an information accounting within six months as stated in the court’s order.

8.   COPENHAVER, E

EST OF RAFAEL H MEDINA

SPR-86989

CONT FROM 4/28/16

ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved.

9.    EBERTS, A

       WERTZ, A

EST OF BEVERLY J OLSEN

SPR-87754

CONT FROM 2/24/16

ORDER OF EXAMINATION

TENTATIVE RULING: Continued to July 28, 2016, at 2:30 p.m. per request of counsel. Final continuance. Counsel are directed to meet and confer and resolve all issues prior to the next appearance.

10.   FAGEL, B

      SCHOEL, B

MENDEZ V ST JOSEPH HEALTH

SCV-255134

CONT FROM 5/4/16

ESTAB SNT

TENTATIVE RULING: Lacking jurisdiction this matter is dropped from the calendar.

11.  CORLETT, D

       MAYO, M

TRUST OF ROSE LOONEY

SPR-76911

12TH & FINAL ACCT & RPT; ATTY FEES & COSTS; NTC BY TTEE OF TERM OF THE TRUST

TENTATIVE RULING: Approved.

12.  CIALONE, F. and SINIGIANI, C. for Petitioner Charles Schlangen

       LASSART, J. and  PIASTA, J for Objector Trustee William Schlangen

 

TRUST OF SCHLANGEN

SPR-86514

SETTLEMENT OF ACCTS & APPROVAL OF ACTS & TRANSACTIONS OF TTEE FOR THE CAL YEAR 2015

TENTATIVE RULING: Appearances required.

13.  CALLAHAN, C. and DEJONG, J. for Petitioner/Objector Deelee Flores

       MILKS, J. for Trustee Melisa Chandler

      Pro per: Richard Davis

TRUST OF LUCILE ELAINE DAVIS

SPR-87644

CONT FROM 4/14/16

PTN MODIFYING TRUST ORDER; APPROVAL OF SETTLEMENT AGMT & FOR PARTIAL DISTRIBUTION PER SETTLEMENT AGMT

TENTATIVE RULING: Appearances required at 2:30 p.m. for case status.

14.  GERARD, A. for Petitioner

TRUST OF KALDENBERG

SPR-87672

CONT FROM 3/16/16

TENTATIVE RULING: The petition to surcharge Removed Trustee, Evelyn Suzanne Neuendorff, is granted. Ms. Neuendorff will be personally surcharged in the amount of $117,549.44, plus interest at the legal rate.  

15.  MACHI, M. for Objector

       YOUNG, M. for Petitioner

TRUST OF GEORGE D & RUTH L BROWN

SPR-88659

CONT FROM 3/23/16

TENTATIVE RULING: Continued to July 7, 2016, at 2:30 p.m. at the request of counsel. Final continuance. Counsel are directed to meet and confer and resolve all issues prior to the next appearance.

16.  MILLER, Q. for Petitioner Vernon Reed

       STARK, C. for Objector Charles Stark

TRUST OF REED FAMILY

SPR-88795

CONT FROM 3/30/16; PTN to remove trustee; surcharge; accounting

TENTATIVE RULING: Continued to July 7, 2016, at 2:30 p.m. per request of petitioner. Final continuance. Counsel are directed to meet and confer and resolve all issues prior to the next appearance.

17.  WEST, J

TRUST OF MARGARET E & JEROME W SCHANK

SPR-88838

PTN OF CO-TTEE TO ACCEPT RESIGN OF CO-TTEE & APPT SUCC CO-TTEE

TENTATIVE RULING: Approved.

18.  STAGG, B. for Barbara Stagg

TRUST OF GALA NORTON

SPR-88863

CONT FROM 4/21/16

PTN FOR REMOVAL OF TTEE/CO-TTEES & APPT OF SUCC; COMPEL TTEE TO ACCT TO BENES & SURCHARGE & DIST OF ASSETS

TENTATIVE RULING: Petition approved. Appearances required to set trial date.

19.  LARSEN, M

TRUST OF PHILLIP MOSER & MARILYN MOLNER

SPR-88932

PTN CONFIRMING TERMS OF TRUST CONFIRMING PTR AS TTEE & APPROVING MODIFICATION OF TRUST TERMS

TENTATIVE RULING: Approved.

20.  HAEUSER, T

TRUST OF CHARLES H & BETTY K SCHWERIN

SPR-88990

PTN TO APPROVE MODIFICATION OF TRUST

TENTATIVE RULING: Approved.

21.  TASKER, C

TRUST OF PERRY AND JULIE KOZLOWSKI

SPR-88996

PTN FOR DETERMINATION THAT A SINGLE TRUST SHOULD BE IN EXISTENCE

TENTATIVE RULING: Approved.

22.  MACKAY, B

TRUST OF MARK A KVALHEIM

SPR-89003

PTN TO TERMINATE TRUST

TENTATIVE RULING: Approved.

23.  SRL

PTN OF NHUT TRUNG CAO

SPR-88872

CHANGE OF NAME

TENTATIVE RULING: Approved.

24.  SRL

PTN OF REBECCA ANN BAKER

SPR-88893

CHANGE OF NAME

TENTATIVE RULING: Approved.

25.  SRL

PTN OF MICHELLE C BRODERICK

SPR-88907

CHANGE OF NAME

TENTATIVE RULING: Approved.

26.  SRL

PTN OF TERI GAE WINTERHOLLER

SPR-88909

CHANGE OF NAME

TENTATIVE RULING: Approved.

27.  SRL

PTN OF OSCAR WILLIAM MOTTERSHEAD

SPR-88928

CHANGE OF NAME

TENTATIVE RULING: Approved.

28.  SRL

PTN OF JONATHAN MICHAEL ELAM & SARA MORGAN RYAN

SPR-88937

CHANGE OF NAME

TENTATIVE RULING: Approved.

29.  RONDON, B

TRUST OF MARGARET VINTHER COPELAND

SPR-63543

CONT FROM 4/14/16

3RD ACCT & RPT, FEES

TENTATIVE RULING: Continued to June 9, 2016 at 2:30 p.m. in Department 18 at the request of counsel. 

30.  WEST, J

GDN OF MAXWELL ROCKWOOD

SPR-77781

6TH ACCT & RPT, FEES

 

PTN TO TERMINATE GDNSHIP & TO DEPOSIT MONEY IN BLOCKED ACCT

TENTATIVE RULING:  The Sixth Account of Guardian is approved.  Attorney fees and costs are approved in the amounts requested. 

 

The Petition for Termination of Guardianship is denied as it is not in the ward’s best interest.  (Prob. Code §§ 1600, 1601, 2626) Petitioner’s request to place the funds in a blocked account is approved.  Future accountings shall be waived upon the filing of a Receipt and Acknowledgment of Order for the Deposit of Money into Blocked Account (Form MC-356), signed by an authorized bank representative.  The order has been revised to conform to this ruling.

31.  SO CO COUNSEL

       SO CO DEFENDER

CONS OF PAUL STOBER

SPR-87099

CONT FROM 4/28/16

ACCT & RPT, FEES

TENTATIVE RULING:  The first account and report is approved.  Attorney fees are approved in the amount requested.  Conservator fees are approved in the amount of $17,921.25.  This adjustment to the requested conservator compensation is based upon the criteria described at CRC § 7.756(a). 

32.  URBATSCH, K

CONS OF JAMES L PATTON

SPR-88906

APPT OF C’TOR (E)

TENTATIVE RULING:  Approved.  Lisa Olsen and Linda Spangler are appointed co-conservators of the estate.  Bond is set at $1,486,000.00.

33.  FISHER, R

CONS OF LAURA MARGIRETTE BEARD

SPR-89021

APPT OF C’TOR

TENTATIVE RULING:  Having received information from the Office of the Probate Court Investigator that the proposed conservatee has died, the Court directs counsel for the petitioner to file a Request for Dismissal (Judicial Council Form 982(a)(5)).

34.  NORTON, T

CONS OF BETTIE J. KRAMBS

SPR-89070

APPT OF TEMP C’TOR

TENTATIVE RULING:  The petition for appointment of a temporary conservator of the person and estate is denied.  The petition does not allege facts requiring immediate intervention to ensure the proposed Conservatee’s well-being and/or secure the estate of the proposed Conservatee.

 

The Sonoma County Public Defender is appointed to represent the Conservatee in the proceeding. Counsel for petitioner is directed to serve court appointed counsel, no later than June 2, 2016, with all pleadings and file a proof of service with the court.

35.  PETTLER, P

       POULOS, C

       SHINDLEDECKER, T

CONS OF BRENDAN KOSKOFF

SPR-65297

CONT FROM 5/12/16

ACCT & RPT

TENTATIVE RULING:  Continued to July 21, 2016 at 2:30 p.m. 

 

Petitioner is directed to file a verified declaration, no later than July 14, 2016, explaining the following:

1.     Why the Summary of Account doesn’t balance;

2.     How the calculation on Gains on Sale was derived;

3.     Ownership of 2014 Honda Odyssey—include how percentage of ownership is calculated and how title is held;

4.     Why the calculation for Payroll Taxes totals $7,138.00 and not $7,777.99

5.     Why Schedule C does not balance

 

Said declaration shall also be served on the Office of the Probate Court Investigator no later than July 14, 2016.

 

Petitioner is directed to increase bond by $39,600.00 for total of $686,600.00.  

36.   STERNFELD, J

CONS OF JANET M BANKS

SPR-89067

APPT OF TEMP C’TOR

TENTATIVE RULING:  Approved.

 

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