Nov 11, 2019

TENTATIVE RULINGS

Probate Calendar

Thursday, October 31, 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

 

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

3055 Cleveland Avenue, 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.

 

Below are Tentative Rulings for cases originally scheduled for hearing on 10/31/19 and continued because of the emergency closure. Tentative Rulings for cases originally scheduled for November 7, 2019 begin immediately below.

 

 

 

 

 

 October 31, 2019 cases continued to November 7, 2019:

 
 
 
1. MARBLESTONE, R
CONS OF AMBER WEISSENBACK
SPR-61054
PTN TO TRANSFER PROCEEDINGS TO SAN MATEO COUNTY
 
TENTATIVE RULING: Petition granted.
 
 
2. SRL
EST OF MARY PRICE
SPR-82392
ACCT & RPT
 
TENTATIVE RULING: Approved.
 
 
3. SRL
EST OF JACQUELINE RUTH NOVOTNY
SPR-87467
TRANSFER OF PROPERTY
 
TENTATIVE RULING: The petitioner has not provided the additional information or proofs of service noted by the court’s September 5, 2019 ruling. Accordingly, the petition is dismissed.
 
 
4. JOHNSTON, R
     THOMAS, R
EST OF ARTHUR DALE WEINSHANK
SPR-88624
ACCT & RPT
 
TENTATIVE RULING: Approved.
 
 
5. STUBBS, G
     GARDNER, L
CONS OF L KENT MCREE
SPR-89116
PTN FOR TERMINATION;FEES
 
TENTATIVE RULING: Sean Morgan is appointed successor conservator of the person with medical authority pursuant PrC 2355. Aprille Rafidison is discharged as conservator of the person.
 
 
6. BRICENO, F
     CARROLL, K
EST OF BARBARA JEAN MILLIKEN
SPR-090227
1ST & FINAL ACCT & RPT
 
TENTATIVE RULING: The court approves the petition, including the split of statutory fees and award of extraordinary fees in the amount of $2,250 to Porter Simon, PC. The approval is premised on the stipulation filed 10/10/19 having the effect of withdrawal of the pending objection. If such was not intended to be withdrawn, the objector should request to appear to clarify. 
 
 
7. JOHNSTON, R
      KOLKO, E
EST OF CARL P BELLOVICH
SPR-090441
WAIVER OF ACCT & RPT
 
TENTATIVE RULING: The court is inclined to approve the petition on the condition that the creditor withdraw the pending creditor’s claim and/or a DE-174 be filed; and that a copy of the release signed by Mr. Cummings (referenced in the petition) be filed on or before the hearing. If these are not filed prior to the hearing, the court will continue the matter to December 5, 2019 at 2:30 p.m.
 
 
8. WEINKAUF, G
EST OF RAYMOND GEORGE ROBERTSON
SPR-090742
WAIVER OF ACCT & RPT
 
TENTATIVE RULING: Approved. The court will sign the revised order submitted on 10/16/2019.
 
 
9. STERNFELD, J
CONS OF ANASTASIA PASCU
SPR-091744
SALE OF PROPERTY
 
TENTATIVE RULING: Appearances required at 2:30 p.m. for confirmation of sale of conservatee’s personal residence.
 
 
 
10. JENSEN, D
EST OF GEORGE FRANCIS SIELA, JR
SPR-091861
WAIVER OF ACCT & RPT
 
TENTATIVE RULING: Approved.
 
 
11. GARDNER, L
EST OF MURRAY LEVISH
SPR-092208
WAIVER OF ACCT & RPT
 
TENTATIVE RULING: Approved.
 
 
12. COPENHAVER, E
GDN OF ELIZABETH RAE SIELA AND MICHAEL GEORGE SIELA
SPR-092895
CONT FROM 7/25/2019 REQUEST FOR §2590; FILING OF I & A; STATUS UPDATE RE SETTLEMENT AGREEMENT
 
TENTATIVE RULING: Continued to December 12, 2019, at 2:30 p.m. in Department 18 to allow time for the Estate of George Siela, SPR-091861 to be finalized and distributed.
 
 
 
13. COLLIER, D
EST OF ELSIE ANN EGRI
SPR-092900
ACCT & RPT
 
TENTATIVE RULING: Approved.
 
 
 
 
 
 
 
14. CYPHERS, K
EST OF JEFFREY CRAIG HUDSON
SPR-093023
PTN DIRECTING SECURITY BENEFIT LIFE INS CO TO DIST FUNDS FROM IRA TO BENE
 
TENTATIVE RULING: Approved. Petitioner to submit a revised order.
 
 
15. FISHER, R
EST OF GENEVIEVE YANG LOTA
SPR-093113
SPOUSAL PROPERTY PETITION
 
TENTATIVE RULING: Appearance required to address whether the house must be sold immediately and to set the matter for trial.
 
 
16. GLADDEN, M
TRUST OF DALLAS E WRIGHT AND MARY J WRIGHT
SPR-093197
1ST & FINAL ACCT; TERM & DIST DECEDENT’S TRUST; DISCHARGE
 
TENTATIVE RULING: This matter is dropped pursuant to the Ex Parte Order on First and Final Account and Petition to Settle Account, Terminate and Distribute Decedent’s Trust, Discharge and Release Co-Trustees, and Vacate Hearing entered on October 18, 2019.
 
 
17. ERCOLINI, E                            
TRUST OF LOUIS PAUL DEMARTINI AND WYNNE R DEMARTINI
SPR-093206
PTN TO MODIFY TRUST
 
TENTATIVE RULING: Approved. The Court notes that a consent filed on October 7 was in fact signed by Louis P. DeMartini the Third even though it states that it is being signed by Petitioner. It appears that Mr. DeMartini the Third signed the form prepared for his father, as opposed to a form that correctly identifies him. Although imperfect, the Court finds this sufficiently evidences Louis P. DeMartini the Third’s consent.
 
 
18. DE LA FOREST, C
TRUST OF CAROLYN ANNE PERKINS
SPR-093216
PTN TO CONFIRM TRUST ASSETS
 
TENTATIVE RULING: Approved.
 
 
19. GETCHELL, M
TRUST OF KENSEI OGATA AND CLAIRE L OGATA
SPR-093250
PTN TO MODIFY TRUST
 
TENTATIVE RULING: This matter was continued from the original hearing date of September 19 to permit Petitioner Kensei Ogata to either file a consent by contingent remainder beneficiary Leianne O’Connor or to provide additional evidence to the Court that continuation of the Trust under its terms “would defeat or substantially impair the accomplishment of the purposes of the trust” within the meaning of Prob. Code § 15409. As to the further evidence, it was contemplated that it would take the form of a supporting declaration describing with some particularity conversations Petitioner or the drafting attorney may have had with deceased settlor Claire L. Ogata about the primacy of the tax benefits or the lack of concern or discussion with the deceased settlor regarding the use of an A/B trust to control disposition of the remaining assets in the bypass trust. As of November 5, 2019 no consent or further evidence has been filed. The matter is therefore continued to December 12, 2019 at 2:30 pm in Department 18 for the same purpose as the prior continuance. Petitioner shall file the consent or further evidence on or before December 5, 2019 or the Petition may be denied.
 
 
20. NELSON, S
      FRANCESCHINI, R
TRUST OF MORTON H GOTHELF
SPR-093253
PTN TO COMPEL ACCTS & REMOVE TRUSTEE
 
TENTATIVE RULING: This matter is continued to November 21, 2019 at 2:30 pm in Dept. 18 for trial setting. The parties were previously ordered to file a statement of issues at least five court days before the hearing (per LR 6.2 (G)(3)) and include a time estimate for trial and possible available dates for setting of an evidentiary hearing. Neither party did so. The parties are again ordered to file the statement of issues at least five court days before the continued hearing date.
 
21. KELLY, J
EST OF JOHN H BOULDT
SPR-093341
SPOUSAL PROPERTY PETITION
 
TENTATIVE RULING:  The Petitioner has again not provided any “facts upon which petitioner bases the allegation that the property described in Attachments 7a and 7b is property that should pass or be confirmed to the surviving spouse….” Accordingly, the petition is denied.
 
 
22. SHEA, W
EST OF RICHARD B WALLACE
SPR-093374
PROBATE OF WILL
 
TENTATIVE RULING: Per the parties’ request, the matter is continued to January 16, 2020 at 2:30pm in Department 18.
 
 
 
23. SINIGIANI, C
TRUST OF MICHAEL L MCFEELY
SPR-093404
PTN FOR INSTRUCS RE TERM OF RIGHT TO RESIDE
 
TENTATIVE RULING: Michael L. McFeely, trustee of the Michael McFeely 2012 Trust, dated August 7, 2012 (“Trust”), brings the present petition for instructions seeking a finding that Jane T. McFeely (“Jane”), spouse of decedent/settlor Michael McFeely (“Settlor”), violated the terms of her right of occupancy set forth in the Trust, that as a result of the violation Jane’s right of occupancy is terminated such that she shall vacate the real property commonly known as 1821 Cody Court in Santa Rosa (the “Real Property”) owned by the Trust, and that Petitioner shall sell the Real Property and distribute the proceeds in accordance with the Trust. 
 
The Petition is based on Jane purportedly violating conditions of the right of occupancy set forth in Section 5.d.(i.) of the Trust. The Trust provides that Jane shall be entitled to continue to occupy the Real Property “on a rent free basis, for so long as she fulfills the following conditions: aa. Is unmarried. bb. Continues to make all required property tax and insurance payments, on a timely basis. cc. Continues to maintain or cause to be maintained, the property in good condition and repair, and pays for all reasonable repair and maintenance expenses related to the property, and, dd. Continues to continuously occupy the property as her personal residence…[Jane] shall also be permitted to have other persons, such as a caregiver, reside with her on the property.” It further provides that upon Jane’s death or, if Jane is still living but no longer wishes to occupy the Real Property as her principal residence, or in the event she remarries, or “if she fails to satisfy any of the conditions set forth in subparagraphs aa-dd above, the property shall be sold and the net proceeds of sale shall be allocated and distributed” to the Settlor’s four children from a prior marriage, namely Petitioner, Todd M. McFeely, Erica L. McFeely, and Shannon C. Gardner.
 
While no objection has been filed, it appears to the court that the petition presently fails to state a prima facie basis on which to grant the requested relief. Petitioner contends first that Jane violated the conditions of the right of occupancy by constructing a yurt, small house, and bathroom structure on the Real Property without permission and without the requisite permits from the City of Santa Rosa. But the Petition indicates that there were no current code violations as of June 26, 2017 and that the code enforcement action was closed as of that date. Pet. Ex. K. The fact that the Trust incurred $5,000 in legal expenses to ensure compliance does not provide a basis to terminate the right to occupy. Petitioner contends second that Jane failed to maintain the Real Property in “good condition or repair.” But the conditions of the Real Property described in the Petition and supporting Declaration are not sufficient to show a material violation of the right to occupy where they indicate an improvement to the Real Property (namely construction of a patio) and conditions which appear to be readily reparable (namely corrosion around some windows and walls, “filth,” damaged carpet in one room, and dog feces in the yard) in contrast to evidencing waste, and Petitioner has not indicated that he asked Jane to remedy any of these conditions prior to bringing the Petition in any event. Further, the presence of a subtenant is not a violation of the right to occupy, particularly when having other persons reside with Jane at the Real Property is specifically not precluded by the language of the Trust and the additional persons permitted are not exclusively caregivers.
 
However, Petitioner provides evidence that Jane failed to make all required property tax payments on a timely basis. Petitioner contends that Jane failed to pay the June 30, 2018 tax bill totaling $5,803.19 and the April 10, 2019 tax bill totaling $2,601.26. Pet. ¶ 30 & Ex. L. The evidence submitted by Petitioner shows that the first installment of taxes for the 2018 tax year waspaid on January 2019. Thus, the default amounts are for the two installments from tax year 2017 (which were apparently deemed to be in default on June 30, 2018) and the second installment for the tax year 2018 (which was apparently deemed to be in default on April 10, 2019). Pet. Ex. L. But Petitioner has provided no information regarding how or when these specific property tax obligations were communicated to Jane, as the only evidence submitted from the Tax Collector is a letter addressed to Petitioner as owner of the Real Property. Given the fact that there may be further information that can be produced by the petitioner on this point that would establish a prima facie basis for the relief requested, the hearing on this Petition is continued to January 9, 2020 at 2:30 in Department 18. Petitioner may file and serve further evidence, such as a declaration, by December 20, 2019 indicating how and when the past-due property tax obligations were communicated to Jane and whether or not she has, as of the date of the declaration, paid the amount due or reimbursed Petitioner in the event Petitioner has already paid the past-due tax bills. Petitioner shall file and serve a new Notice of Hearing for the continued hearing date.
 
 
24. LOPIN, L
TRUST OF ARTHUR H COLEMAN
SPR-093406
PTN TO CONFIRM SOLE TRUSTEE AND TRUST ASSETS
 
TENTATIVE RULING: The hearing on this matter is continued to December 12 at 2:30 pm in Dept. 18 so Petitioner can file and serve a new Notice of Hearing and new [Proposed] Order addressing the issues set forth herein. Preliminarily, the Court observes that the Petition conflates settlor/decedent Arthur H. Coleman’s (“Decedent’s”) interest in a medical corporation and/or partnership with his interest in the real property which is the subject of this petition, namely the property commonly known as 6315 Third Street, San Francisco. The information provided to the Court indicates that the real property is and was at all relevant times owned by individuals (and/or their trusts), and not a medical corporation or a medical partnership in which Decedent may have owned shares or interests. Therefore, the references in the Arthur H. Coleman Trust dated September 21, 2001 (“Trust”) to the medical corporation or partnership, and the assignment of shares of the corporation to the Trust (Pet. ¶¶ 5, 8; Ex. B at A-1 ¶5; Ex. C) do not speak to Decedent’s ownership of or intent to transfer into the Trust his interest in the real property which is the subject of this Petition. In other words, Decedent’s intentions to transfer his ownership interest in the medical corporation and/or medical partnership, which according to the evidence submitted did not own the real property, is not relevant to the relief sought by the Petition. That said, Schedule A of the Trust does refer to Decedent’s intent to transfer into the Trust “all other real property held in Settlor’s name or otherwise, or held by an agent or nominee of Settlor, whether the property is now known to Settlor or is hereafter discovered.” Ex. B at A-1 ¶ 7. That is sufficient under Ukkestad v. RBS Asset Finance, Inc. (2015) 235 Cal.App.4th 156. 
 
However, the Notice of Hearing on the Petition does not comply with Prob. Code § 851(c)(1) and (c)(3). And the [proposed] order fails to make clear that the order extends only to the interest which is in Decedent’s individual name. As Exhibit G to the Petition makes clear, there is another owner of the real property who is not either Decedent or the Trust, namely William M. Ball, Jr. Thus, Petitioner shall serve and lodge a new [proposed] order that makes clear that the property interest which is the subject of this Petition and which will be the subject of the order is Decedent’s 50% interest held in his individual name, and not the real property as a whole.
 
 
25. SRL
PTN OF CATHERINE BEREZNIY
SPR-093407
CHANGE OF NAME
 
TENTATIVE RULING: Continued to November 21, 2019 at 2:30 pm. in Department 18 so Petitioner can submit an Amended Petition which includes the necessary information at 7.b.(4) place of birth and 7.b.(6) current residence. See Cal. Code Civ. Proc. § 1276(a). Alternately, petitioner may request to appear by following the procedure outlined on the court’s website and bring an amended petition with her or provide the information at the hearing by giving testimony under oath. The court will call the courtroom for any appearances so that no further publication is required for the continued hearing date.
 
 
 
26. ELZI, C
TRUST OF MARGOT VOSSELER
SPR-093413
PTN TO DETERMINE TITLE TO PROPERTY
 
TENTATIVE RULING: The hearing on this matter is continued to December 12, 2019 at 2:30 p.m. in Department 18 to permit Petitioner to supplement the petition with a verified statement as to whom notice is required to be given (Prob. Code § 17201), to provide the 30 day notice to every interested party as required by Prob. Code § 851(b) (as the Notice of Hearing and proof of service indicate that only Wells Fargo and not the beneficiaries were given notice), and to comply with the Notice of Hearing requirements of Prob. Code §§ 851(c)(1) and (c)(3). Furthermore, Petitioner is required to serve and lodge a new [proposed] order which clearly indicates that the Court would be ordering that all accounts at Wells Fargo in Margot Vosseler’s individual name are assets of The Margot Vosseler 2016 Revocable Living Trust dated March 28, 2016, and not that “all” accounts at Wells Fargo are assets of the Trust.
 
 
27. EPSTEIN, R
TRUST OF JUDITH A HALBERSTADT
SPR-093423
PTN TO APPROVE SETTLEMENT AGREEMENT
 
TENTATIVE RULING: Approved.
 
 
28. BAILEY, F
TRUST OF CAROL AND JOE ZUKIN
SPR-093426
PTN TO CONFIRM TRUST ASSETS
 
TENTATIVE RULING: The hearing on this matter is continued to December 12, 2019 at 2:30 p.m. in Department 18 to permit Petitioner to comply with the Notice of Hearing requirements of Prob. Code §§ 851(c)(1) and (c)(3).
 
 
29. VANDYK, C
CONS OF ALLISON SUSIE YOUNG
SPR-093453
APPT OF CONS
 
TENTATIVE RULING: Continued to December 12, 2019, at 2:30 p.m. in Department 18. Petitioner is directed to submit a capacity declaration no later than December 5, 2019.
 
 
30. HARRIS, M
CONS OF CARMELA MONDELLO HOBAUGH
SPR-093528
APPT OF CONS
 
TENTATIVE RULING: The petition for appointment of conservator of the person and estate is approved. Bond is waived.
 
Matter is set for review of compliance with Probate Code sections 1830, 2352.5, and 2610, on Thursday May 7, 2020, at 3:00 p.m., in Department 18.  
 
 
31. SRL
CONFIDENTIAL CASE
SPR-093547
CHANGE OF NAME
 
TENTATIVE RULING: The petition for name change is granted. The court finds that the proposed name is required to be kept confidential by law.  The order after hearing shall be sealed and kept confidential absent further order of the court. 
 
 
 
32. SRL
PTN OF SAYESHA ALLEN
SPR-093565
CHANGE OF NAME
 
TENTATIVE RULING: Approved. The court finds sufficient good cause is stated in the petition by sworn declaration of due diligence to excuse service on the other parent.
 
 
33. SRL
PTN OF ISAAC RODRIGUEZ
SPR-093574
CHANGE OF NAME
 
TENTATIVE RULING:  Approved.
 
 
34. SRL
PTN OF CYNTHIA SHILOH
SPR-093589
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
 
35. SRL
PTN OF CONSUELO GAYTAN
SPR-093590
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
 
36. ALBERIGI, L
EST OF WILLIAM MONTGOMERY GOODWIN
SPR-093612
LTRS OF ADMIN
 
TENTATIVE RULING: The petition is approved. No bond is required because the Will waives bond.   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.
 
 
37. JAYNES, J
EST OF HEIDI CLARA LARSEN
SPR-093614
PROBATE OF WILL
 
TENTATIVE RULING: The petition is approved. No bond is required because the Will waives bond.   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.
 
38. MADERIOUS, J
EST OF GLORIA DEAN HARVEY
SPR-093641
LTRS OF ADMIN
 
TENTATIVE RULING: The petition is approved. No bond is required as it was waived by all heirs.   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.
 
 
39. KETRON, B
EST OF NERCILLA LEWERS
SPR-093643
PROBATE OF WILL
 
TENTATIVE RULING: The petition is approved. No bond is required because the Will waives bond.   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.
 
 
 
40. HASSAN, J
EST OF MARIA B DWIGHT
SPR-093649
PROBATE OF WILL
 
TENTATIVE RULING: The petition is approved. No bond is required because the Will waives bond.   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.
 
 
41. JOHNSTON, R
EST OF EVE DOHNER
SPR-093665
LTRS OF ADMIN
 
TENTATIVE RULING: The petition is approved. No bond is required as it was waived by all heirs.   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.
 Probate Calendar
 
November 7, 2019 cases:
         
 
1. FISHMAN, W
EST OF ALICE JUNE HILES
SPR-82284
ACCT & RPT
 
TENTATIVE RULING: The court notes that the petition for final distribution, normally filed a year after probate is opened, is brought nearly 10 years after letters were issued. The court notes that in that time two beneficiaries have passed. Also, likely again due to the passage of time, the accounting is far from ideal. That being said, the court finds any of the remedies available to it would have the effect of harming the only remaining beneficiary and are not appropriately exercised. Accordingly the petition is approved.
 
 
 
2. BANTI, C
     ERLACH, M
     GARDNER, L
CONS OF LENA EVELYN MAGUTH
SPR-84234
ACCT & RPT
 
TENTATIVE RULING:   The fourth account and report of conservator is approved. Conservator fees are approved as prayed. Payments to conservator on account shall continue until further order of the court. The Court has determined that attorney fees in the amount of $9,509.00 are just and reasonable for the services provided. In making this determination, the Court has considered the benefit to the conservatee, the necessity of the services performed and the time spent by the attorney in the performance of the services. Attorney costs are approved as prayed. Bond is decreased by $136,000.00 for a total bond of $250,000.00.   The order has been changed in conformance with the Court’s order.
 
 
 
 
3. SPAULDING, G
CONS OF JEANETTE LEE BECKMAN
SPR-87394
PTN FOR TERMINATION; 3RD ACCT & RPT OF TTEE
 
TENTATIVE RULING: Continued to December 12, 2019, at 2:30 p.m. in Department 18 for compliance with the Court’s order of September 12, 2019 and Probate Code § 2620 (c) (2).
 
 
4. PIEROTTI, A
EST OF TERRY A MORGAN
SPR-090115
ACCT & RPT
 
TENTATIVE RULING: At the request of the parties, the matter is continued to January 2, 2020, at 2:30pm in Dept. 18.
 
 
5. FRANCESCHINI, R
EST OF RAYMOND DAVID MYERS
SPR-092476
WAIVER OF ACCT & RPT
 
TENTATIVE RULING: Approved.
 
6. MILKS, J
CONS OF GERALDINE RUBY PUGH
SPR-093054
TERM OF C’SHIP
 
TENTATIVE RULING: The first and final account and report is approved. Attorney fees and costs are approved as prayed. Petitioner is authorized to transfer the balance of the conservatorship estate to himself as trustee pursuant to Probate Code §§ 13100 – 13116. Upon the filing of a receipt for the distribution, petitioner shall be discharged from his duties as conservator, his bond shall be discharged and the conservatorship proceeding shall be terminated.
 
 
7. FREDRICKS, J
EST OF KENNETH BENJAMIN CHATELAIN
SPR-093342
LTRS OF ADMIN
 
TENTATIVE RULING: The petition is approved. No bond is required because the beneficiary waives bond.   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.
 
 
 
 
8. GEREMIA, B
MTR OF STIFEL TRUST COMPANY
SPR-093429
PTN FOR INSTRUCTIONS
 
TENTATIVE RULING: This is a petition by beneficiary Beverly Becerra (“Petitioner”) for instructions regarding construction of the trust, distribution of trust assets, conversion of trust into unitrust and request for evidentiary hearing with respect to whether the Trustee (Stifel Trust Company) acted reasonably in exercising its discretion, pursuant to Prob. Code §§ 16336.5, 16400 et seq., and 1700 et seq. with respect to the Israel and Burta Clare Oretsky Trust (the “Trust”).
 
Trustee/Respondent Stifel raises two procedural issues in its objection: 1) improper notice; and 2) improper venue. As to improper notice, Stifel first contends that remainder beneficiary American Friends of Magen David Adom—the organization designated by Tom Wyrsch—was not provided notice of the Petition. As set forth below, Petitioner shall provide notice to this entity of the continued hearing date. Stifel also contends that Petitioner was required to give notice to the Missouri attorney general as required by RSMo. 456.1-110. However, the Trust specifically indicates that it is governed by California law and Stifel has provided no basis for applying Missouri law to this proceeding. As to improper venue, Stifel argues that the principal place of administration is in Missouri, the location indicated in its Prob. Code § 16061.7 notice to beneficiaries served in October, 2016. While the evidence submitted by Stifel supports its contention as a factual matter, Stifel appears to conflate the legal issues of venue and jurisdiction. Venue refers to the proper county or counties within the state of California which are the proper place for the adjudication of a matter. See Prob. Code § 17005(a) (“The proper county for commencement of a proceeding pursuant to this division is…”) (Emphasis added). However, Prob. Code § 17004 provides that the court may exercise jurisdiction in proceedings under this division “on any basis permitted by Section 410.10 of the Code of Civil Procedure.” Stifel does not contend that this Court cannot exercise personal jurisdiction over it pursuant to Prob. Code § 17004 or Cal. Code Civ. Proc. § 410.10, or that a different county in California is the proper venue for the adjudication of this matter, even if it has properly effectuated a transfer of the principal place of administration of the Trust from California to Missouri.    
 
This matter is continued to January 23, 2020, at 2:30 p.m., in Department 18 to permit Petitioner to provide proper notice to remainder beneficiary American Friends of Magen David Adom. Moreover, 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. If there is no resolution, the parties should file a statement of issues at least five court days before the hearing. LR 6.2 (G)(3). The parties may also consider using the court’s settlement panelist program, and may do so by calling the Court’s judicial assistant at 521-6730. 
 
 
9. ZAKASKY, J
TRUST OF GEORGE OELLEIN
SPR-093436
PTN TO REMOVE TTEE & APPT SUCCESSOR TTEE &/OR DIST TRUST PROPERTY
 
TENTATIVE RULING: Preliminarily, the Court denies Respondent Gina Lowry’s request set forth in her Objection that the Court dismiss the Petition on the basis that Petitioner has no standing because beneficiary Page Oellein is deceased. Petitioner is the personal representative of the Estate of Page Oellein and Page Oellein survived settlor George Oellein by ten years.
 
This matter is continued to December 19, 2019 at 2:30 pm 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. If there is no resolution, the parties should file a statement of issues at least five court days before the hearing. LR 6.2 (G)(3). The parties are encouraged to use the court’s settlement panelist program, and may do so by calling the Court’s judicial assistant at 521-6730. 
 
 
10. SHINDLEDECKER, T
TRUST OF GLANVILLE C WHEELER AND NORMA M WHEELER
SPR-093452
PTN FOR INSTRUCTIONS
 
TENTATIVE RULING:The court is inclined to approve the Petition, but it is presently incomplete. The petition seeks approval pursuant to Prob. Code § 16245 to make a distribution to a pre-existing special needs trust for the benefit of Clayton M. DeMott in lieu of the particular trust for the benefit of Clayton M. DeMott set forth in the Glanville C. Wheeler and Norma M. Wheeler Trust dated October 5, 1999, as amended (the “Trust”), on the basis that the trust for Clayton’s benefit described in the Trust is not in existence. However, the Petition indicates that the relevant provisions of the Trust are attached as Exhibit A and incorporated into the Petition by reference (Pet. ¶ 1), yet no portion of the Trust is in fact attached to the Petition. (The Petition attaches as Exhibit A the special needs trust which the Petition indicates is Exhibit B, and there is no Exhibit B attached to the Petition.) The hearing on this matter is therefore continued to December 19 at 2:30 pm in Dept. 18 to permit Petitioners the opportunity to supplement the Petition with what is, in fact, “[a] true and correct copy of the relevant provisions of the WHEELER FAMILY TRUST.” Pet. ¶ 1. Alternatively, if Petitioners are able to file the supplement in advance of the original hearing date, Petitioners may call in and request an appearance in response to this tentative ruling, for the purpose of presenting the relevant portions of the Trust at the hearing.
 
 
11. DE SANTIS, L
CONS OF RONALD W HANCOCK
SPR-093460
APPT OF C’TOR
 
TENTATIVE RULING: Continued to December 19, 2019, at 2:30 p.m. in Department 18.
 
Anne Dennis, Esq. is appointed to represent the proposed conservatee in the establishment of a conservatorship. Counsel for petitioners is directed to serve court-appointed counsel with copies of all pleadings, on or before November 12, 2019, and file a proof of service with the court. Court appointed counsel is directed to file and serve a report no later than December 13, 2019.
 
 
12. PITTS, M
EST OF REED MILTON KILLIAN
SPR-093464
LTRS OF ADMIN
 
TENTATIVE RULING: Appearances required to discuss whether the court may appoint Ms. Ocana as administrator in light of the fact Mr. Richard Killian has not waived his right to act, nor has he nominated Ms. Ocana. The court further notes that Richard’s petition was never dismissed. (See Estate of Lewis (2010) 184 Cal.App.4th 507, 513 [“Members of an inferior class are never entitled to administer when there is a member of a superior class who is not disqualified….”].) Further, the court notes that the proof of publication submitted to the court on November 4, 2019 published a hearing date of 11/17/2019, not 11/7/2019.
 
 
13. MARTORANA, F
TRUST OF ROBIN R GOBLE
SPR-093474
PTN TERMINATING TRUST
 
TENTATIVE RULING: Approved.
 
 
14. FISHER, R                                
TRUST OF BONFIGLI FAMILY
SPR-093476
PTN TO CONFIRM TRUST ASSETS
 
TENTATIVE RULING: Approved. The court notes that while the Notice of Hearing does not comply with the requirements of Prob. Code § 851(c), the only interested party identified by the Petition besides Petitioner himself is beneficiary Carol Marie Bonfigli (Pet. ¶ 7), who filed a declaration supporting the Petition. 
 
 
15. SRL
PTN OF SUSAN KUFFEL
SPR-093575
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
 
16. SRL
PTN OF NORMA PADILLA
SPR-093581
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
17. GIBSON, W
PTN OF MARTIN PISTONE
SPR-093587
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
18. SRL
PTN OF MELANY DUTY
SPR-093603
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
19. SRL
PTN OF SUSAN BJORKLUND
SPR-093606
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
 
20. COPENHAVER, E
CONS OF CONNIE CATOR
SPR-093611
APPT TEMP CONS
 
TENTATIVE RULING: Karen Heimsoth is appointed conservator of the person and estate with medical authority pursuant to PrC 2355. The conservator shall also have the authority to sell the conservatee’s personal residence subject to court confirmation of the sale. All other requests for orders are denied as unnecessary. Bond is set at $21,593.00. Notice to Miranda Cator is waived.
 
The order has been revised to conform to this ruling.
 
Matter is set for review of compliance with Probate Code sections 1830, 2352.5, and 2610, on Thursday May 7, 2020, at 3:00 p.m., in Department 18.  
 
 
21. JEFFREY, K
EST OF LEONARD J KIRCHDOERFER
SPR-093650
PROBATE OF WILL & ADMIN WWA
 
TENTATIVE RULING: The petition is approved. No bond is required because the beneficiaries waived bond.   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.
 
 
22. DAVIS, D
EST OF FRANCINE SHAPIRO
SPR-093651
PROBATE OF WILL & ADMIN WWA
 
 
TENTATIVE RULING: The petition is approved. No bond is required because the Will waives bond.   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.
 
 
 
 
 
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