Dec 07, 2016

TENTATIVE RULINGS

Probate Calendar

12/8/16 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.  CUMMINS, D

CONS OF DAWN ROUSSEAU

SPR-73207

ACCT & RPT

TENTATIVE RULING:  Continued to December 29, 2016 at 2:30 p.m. in Department 18.    

2.  SHINDLEDECKER, T

CONS OF IRIS A SYCHROWSKY

SPR-80266

4th ACCT & RPT

TENTATIVE RULING:  Approved. 

3.  ROBB, P

EST OF RUDOLPH FREDERICK MEISWINKEL

SPR-85854

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: Approved.

4.  SMITH, M

EST OF MARGARET MCHUGH

SPR-87053

CONT FROM 9/29/16

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved, with the admonishment that counsel must fully inform personal representatives under her representation of the laws and rules governing their actions.

5.  ZATMAN, M

EST OF ALICE G LOVELL

SPR-87205

ACCT & RPT

TENTATIVE RULING: Appearances required.

6.  MCCULLOUGH, K

     CAMPOPIANO, H

EST OF EUNICE A SMITH

SPR-87222

ACCT & RPT

TENTATIVE RULING: Approved.

7.  FREEMAN, M

     CAMPOPIANO, H

     PIASTA, J

     ROTH, M

     THOMPSON, C

EST OF EDWIN SAMUEL SMITH

SPR-87316

PTN FOR APPROVAL OF STIPULATION AND SETTLEMENT

TENTATIVE RULING: The Settlement Agreement entered into between Thomas Dorman, Kathe Dorman, and Stephen Smith is approved. The court appoints Stephen Smith as the administrator of the Estate of Edwin Samuel Smith.

8.  BABB, S

     FISHMAN, W

EST OF MALCOLM O MCCOY

SPR-87632

APPROVAL OF SETTLEMENT

TENTATIVE RULING: Appearances required.

9.  POLLAK, R

EST OF BOBBIE GENE RHODES

SPR-87847

WAIVER OF ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: If proper proof of service is filed by the time of the hearing, the petition will be approved. If not, the hearing is continued to December 29, 2016, to allow petitioner to file the affidavit.

10.  INGERSOLL, K

       BORBA, J

TRUST OF CATHERINE E LAVARTA

SPR-87921

CONT FROM 10/6/16

TRUST PETITION

TENTATIVE RULING: Appearances required.

11.  STREETT, J

EST OF PATRICIA HAGGARDT PARKER

SPR-88098

ACCT & RPT

TENTATIVE RULING: Approved.

12.  MAQUIRE, C

       STARK, C

TRUST OF GEORGE H SIMMONS

SPR-88130

CONT FROM 9/29/16 & 11/17/16

TRIAL SETTING CONFERENCE

TENTATIVE RULING: Continued to December 15, 2016, to allow the parties to finalize their settlement.

13.  CYPHERS, K

EST OF DARLYNN THERESA SCOTT-COHEN

SPR-88282

ACCT & RPT, FINAL DIST, FEES

TENTATIVE RULING: The petition is approved, as modified. All matters are approved except extraordinary attorney fees are approved in the amount of $10,075.00. Petitioner is to submit an amended order consistent with this ruling.

14.  DENNIS, A

EST OF CLAY MEREDITH GREENE

SPR-88348

ACCT & RPT

TENTATIVE RULING: Approved.

15.  MANSFIELD, K

EST OF WAYNE MARTIN HULL

SPR-88574

WAIVER OF ACCT & RPT

TENTATIVE RULING: Continued to December 22, 2016, to allow petitioner to file a verified supplemental petition providing information required under CRC, Rule 7.550(b)(3),(6) and (8).

16.  SIMI, R

EST OF KIMBERLEE K HILL

SPR-88614

PTN REQUIRING ACCTG

TENTATIVE RULING: This matter is dropped at the request of counsel.

17. 

EST OF DOROTHY M BRENNER

SPR-88834

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

18.  PIASTA, J

TRUST OF GALA NORTON

SPR-88863

CONT FROM 10/6/16

CASE MGMT CONF

TENTATIVE RULING: Appearances required.

19.  SRL

PTN OF ELIZABETH MARIN

SPR-89294

CHANGE OF NAME

TENTATIVE RULING: Approved.

20.  MICKELSEN, M

EST OF RUTH M BROWN

SPR-89303

PROBATE OF WILL

TENTATIVE RULING: Approved.

21.  SRL

PTN OF PATRICK DAVID JALE DRAUYAWA

SPR-89362

CONT FROM 10/6/16

CHANGE OF NAME

TENTATIVE RULING: If proof of publication is filed prior to the hearing date, the petition is granted.  If not, the petition is dismissed.

22.  SRL

PTN OF ZACHARY MIGUEL CONCEPCION

SPR-89369

CONT FROM 9/29/16

CHANGE OF NAME

TENTATIVE RULING: Approved.

23.  SRL

PTN OF XILIANG QUIN

SPR-89387

CONT FROM 10/6/16

CHANGE OF NAME

TENTATIVE RULING: Approved. 

24.  KRASHNA, O

TRUST OF NAOMI CARRIE ROBERTS

SPR-89403

CONT FROM 10/13/16

PTN FOR REMOVAL OF TTEE

TENTATIVE RULING: Appearances required.  

25.  SRL

PTN OF PAT MICHAEL BOLOGNESE

SPR-89419

CHANGE OF NAME

TENTATIVE RULING: Approved.

26.  SRL

PTN OF JORDYN ALEXIS KING-WIKE

SPR-89432

CHANGE OF NAME

TENTATIVE RULING: An Amended Order to Show Cause has been filed by Petitioner continuing the matter to the 1/12/2017 8:30 Dept. 13 Probate calendar located at 600 Administration Drive, Santa Rosa, CA.

27.  MAXWELL, V

EST OF BABETTE MARIE COOPER

SPR-89492

PROBATE OF WILL

TENTATIVE RULING: Approved.

28. 

TRUST OF MARGARET JANE TILDEN

SPR-89500

PTN CONFIRMING REVOCATION OF TRUST; ASCERTAINING BENES & DETERMINING TO WHOM PROPERTY SHALL PASS

TENTATIVE RULING: Appearances required.

29.  SHELF, A

       SPEARS, K

TRUST KATHERINE NASH

SPR-89502

PTN FOR INSTRUCTIONS

TENTATIVE RULING: Appearances required.

30.  MACKAY, B

MTR OF PATRICK J MULHALL

SPR-89515

PTN RE CAPACITY OF SPOUSE

TENTATIVE RULING:  Approved. 

31. 

EST OF CURTIS LEE FLOYD

SPR-89519

PROBATE OF WILL

TENTATIVE RULING: Approved.

32.  COPENHAVER, E

EST OF RYAN BURGER

SPR-89523

LTRS OF ADMIN

TENTATIVE RULING: Appearances required to inform the court on the status of notice.

33.  SO CO DEPT OF CSS

TRUST OF DONALD FLINT

SPR-89530

PTN TO ENFORCE MONEY JDGMNT

TENTATIVE RULING: This action has been dismissed.

34.  SRL

PTN OF JOSEPH ANDREW DRUMMOND

SPR-89533

CHANGE OF NAME/GENDER

TENTATIVE RULING: The hearing on this petition is continued to January 12, 2017, at 8:30 a.m., in Dept. 13. The Declaration of Physician filed by the petitioner does not clearly establish that it meets the standards required by Cal. Health & Safety Code section 103430. Petitioner must file a supplemental declaration stating that petitioner has undergone clinically appropriate treatment for the purpose of gender transition, based on contemporary medical standards.

35.  FISHER, R

TRUST OF EVE L PETERSEN

SPR-89544

PTN TO REMOVE TTEE & APPT SUCCESSOR

TENTATIVE RULING: Appearances required.

36.  FREDRICKS, J

EST OF SUSAN JANE NOBLE

SPR-89552

LTRS OF ADMIN

TENTATIVE RULING: Approved.

37. 

EST OF MERIDYTHE LOU BANGS

SPR-89553

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: The hearing on this petition is continued to January 5, 2017, at 8:30 a.m., in Dept. 13. Petitioner must lodge the decedent’s will with the court and file a copy in this action. Petitioner must also file proof of service of the notice of hearing, now for the January 5, 2017 hearing, on all those required to be served.

38.  VOORHEES, M

TRUST OF CAROL ANN DUPORT

SPR-89554

PTN CONFIRMING ASSETS IN TRUST

TENTATIVE RULING: Approved. The court has removed language from the order indicating that the petitioners are the sole remainder beneficiaries of the trust as this was not an issue before the court.

39.  BAGDASARIAN, G

EST OF SHERYL A GLEASON

SPR-89557

LTRS OF ADMIN

TENTATIVE RULING: Approved.

40.  SRL

PTN OF KAHSAI GEBREMEDHIN TESFA

SPR-89559

CHANGE OF NAME

TENTATIVE RULING: Approved.

41.  SRL

PTN OF AUSTIN HART-TINSLEY

SPR-89561

CHANGE OF NAME

TENTATIVE RULING: Approved.

42.  TRUTNER, C

EST OF DEBORAH J BROYLES

SPR-89575

LTRS OF ADMIN

TENTATIVE RULING: Approved.

43.  SRL

PTN OF KIRA MARIE HEWITT & PAUL ANTHONY HEWITT III

SPR-89581

CHANGE OF NAME

TENTATIVE RULING: Approved.

44.  TINNEY, J

GDN OF MORGAN KIRKBRIDE

SPR-89642

APPT OF GDN (E)

TENTATIVE RULING: Approved as prayed.  Bond is waived. 

45.  INGERSOLL, K

CONS OF ELIZABETH L BEAL

SPR-89659

APPT OF C’TOR

TENTATIVE RULING:  Continued to January 19, 2017 at 8:30 a.m. in Department 13, for the parties or their respective counsel to meet and confer in a good faith attempt to resolve the controversy at a face-to-face conference, if possible, otherwise by telephone conference, as required by Sonoma County Local Rule 6.2 G(2). If such resolution is not achieved, each party shall file a Statement of Issues and ADR Information sheet no later than January 12, 2017, and served on the Office of the Court Investigator on or before January 12, 2017.

 

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