May 30, 2017

TENTATIVE RULINGS

Probate Calendar

5/25/17 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)

 

 

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.  SHINDLEDECKER, T

SNT OF CRUZ HERNANDEZ

SPR-82937

CONT FROM 4/27/17

3RD ACCT & RPT

TENTATIVE RULING:  Approved. 

2.  LIPPMAN, E

CONS OF BARRY HETTICK

SPR-84184

2ND ACCT 7 RPT, FEES

TENTATIVE RULING:  Having read the Report of the Court Investigator filed on May 18, 2017, the Second account and Report is continued to July 27, 2017, at 8:30 a.m., in Department 12.

 

Conservator is directed to file and serve a verified declaration, no later than July 6, 2017, explaining and providing documentation for the following items:

 

a.             Conservator is to provide an amended Summary of Account correcting the amount recorded for    Non-Cash Assets for property on Hand at End of Account Period.

 

b.            On Schedule B-2—Receipts: Rental Income: Explain why Trust Assets were deposit into the conservatorship of estate; why varying rent amounts were deposited; why deposits were only made in 2014 and not 2015.

 

c.             On Schedule C—Gains: Provide the Bank of America Corp. statements for the date of sale to verify the gains.

 

d.            On Schedule D—Disbursements:

                          i.                    Explain why the Windchime of Marin is charging for medication, when the conservator is being reimbursed for providing medications.

 

                        ii.                    Explain why payments to Windchime of Marin care facility payments do not conform to the invoices provided by Windchime of Marin.

 

                       iii.                    Explain why payments to Windchime of Marin stopped as of 4/3/2015, when the accounting period continues until 12/31/2015 and invoices from Windchime of Marin are provided until 12/1/2015.

 

                       iv.                    Explain why DMV fees and automobiles insurance are being paid out of the conservatorship estate, when there is no such property mentioned in the Inventory and Appraisal.

 

                         v.                Explain what the traveler’s insurance is for.

 

                       vi.                    Explain why there were payments to Security Public Storage for storing conservatee’ s belongings when there is no mentioned of personal property at the beginning or end of the accounting period non in the Inventory and Appraisal.

 

                      vii.                    Explain why funds in the amount of $96,614.85, were transferred from the conservatorship estate into the Barry C. Hettick Living Trust were made.

 

                     viii.                Explain why a large amount totaling $96,614.85 was needed to be transferred to the Trust.

 

                       ix.                    Explain why distribution from the Barry C. Hettick Living Trust in the amount of $38,351.62, needed to be transferred to the conservatorship of estate.

 

                         x.                    Explain why expenses totaling in the amount of $179,064.11 was paid with conservatorship of estate funds, when services were provided for trust properties.

 

e.             On Schedule E—Losses: Provide the American Express Bank, SFB Salt Lake City UT CD statements for the date to verify the losses.

 

f.              Explain why services rendered by Jeff Moseley for work completed for Trust assets need to be confirmed and approved in the conservatorship of the estate.

 

g.            Explain why conservator has again mistakenly paid herself in advance and is seeking confirmation and approval of this advance fee already paid. Conservator is to provide a time diary for the advanced fees received.

 

h.            Attorney is to provide a time diary for fees requested.

 

 

3.  PASSALACQUA, T

EST OF OLAF E ANDERSON

SPR-85199

OSC

TENTATIVE RULING: The OSC issued by this court on April 20, 2017, is dropped. Appearances are required on the Petition for Final Distribution.

4.  HAEUSER, T

     JOHNSTON, R

     THOMAS, R

EST OF LAURA RENEE CRANE

SPR-86223

1ST & FINAL ACCT, FEES, DIST

TENTATIVE RULING: The petition is approved, in part, and denied, in part. Reimbursement of costs are not approved as no list of costs paid by counsel has been provided.  Counsel and the personal representative are ordered to appear and show cause pursuant to Prob. Code section 12205 why the court should not reduce compensation to the personal representative and counsel for failing to timely close this estate. Petitioner shall submit an order consistent with this ruling.

5.  DENNIS, A

EST OF JAMES FREDERICK GUTSCH

SPR-87277

ACCT & RPT

TENTATIVE RULING: The petition is approved as requested.

6.  GARDNER, L

     BROTHERS, M

CONS OF ANNIE BAILLY

SPR-87755

CONT FROM 4/6/17

ACCT & RPT

TENTATIVE RULING:  Continued to June 22, 2017, at 8:30 a.m. in Dept. 12. As objections have been filed, and pursuant to SCLR 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, 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. The Statement of Issues shall be filed on or before June 15, 2017, and a copy served on the Office of the Court Investigator, on or before June 15, 2017.

7.  NORTON, T

CONS OF MARGARET ELIZABETH FRITZINGER

SPR-88061

1ST ACCT & RPT

TENTATIVE RULING:  Approved.

8.  ROGERS, W

TRUST OF WELLMAN & FLORENCE BANISTER

SPR-88440

CONT FROM 3/23/17

COMPLIANCE HEARING

TENTATIVE RULING: Appearances required.

9.  SO CO PUBLIC DEFENDER

     NORTON, T

CONS OF VINCENT J DIRUSCIO

SPR-88642

1ST & FINAL ACCT, TERM OF C’SHIP, DISCHARGE OF C’TOR

TENTATIVE RULING:  Despite irregularities, the First and Final Account is approved.  The Court admonishes the private professional fiduciary and her counsel for receiving payment from outside sources when court approval for fees have not been sought out in the conservatorship of estate, especially when there was funds available for payment in the estate.

 

Upon filing of receipt of transfer of assets, petitioner shall be discharge as Conservator and conservatorship is terminated.

 

Bond is discharged.

10.  FRANCESCHINI, R

EST OF FREDRIC ALLAN BAJURIN

SPR-88961

1ST & FINAL ACCT, ATTY FEES, DIST

TENTATIVE RULING: Approved.

11.  MILKS, J

EST OF LENA PETERSEN

SPR-89266

1ST & FINAL ACCT, ATTY FEES, DIST

TENTATIVE RULING: The petition is approved. However, petitioner is to provide an order in compliance with Local Rule 6.3(D).

12. 

EST OF RONALD LOUIS MURPHY

SPR-089804

LTRS OF ADMIN

TENTATIVE RULING: Appearances required.

13.  SRL

PTN OF CAROLINA CAMPA

SPR-089944

CHANGE OF NAME FOR MINOR

TENTATIVE RULING: Approved.

14.  MCCULLOUGH, K

EST OF SOPHIA STEPHANIE SENTER

SPR-089978

PROBATE OF WILL

TENTATIVE RULING: Approved.

15.  SRL

PTN OF WELDAB UCBAHANES

SPR-090025

CHANGE OF NAME FOR MINOR

TENTATIVE RULING: Approved.

16.  MADERIOUS, J

EST OF MICHELLE LYNN HAINES

SPR-090033

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: Approved.

17.  ADAMS, B

TRUST OF MARSHA E GUNN

SPR-090096

RESIGN. OF TTEE; DECLIN. OF NAMED SUCC TTEE & APPT OF SUCC TTEE

TENTATIVE RULING: Appearances required to determine amount of bond.

18.  COLLIER, D

TRUST OF LI KEISER FAMILY

SPR-090109

PTN TO APPT TRUSTEE

TENTATIVE RULING: Approved.

19.  DRUMMOND, D

EST OF MARILYN PINTAR BYBEE

SPR-090111

PROBATE OF WILL

TENTATIVE RULING: Approved.

20.  WALKER, J

       KOLKO, E

TRUST OF BETTY BENJAMIN

SPR-090112

PTN TO REMOVE TTEE & APPT SUCC TTEE; SURCHARGE TTEE; FINANCIAL ELDER ABUSE & COMPLEL TTEE TO ACCOUNT

TENTATIVE RULING:  Appearances Required.  The Trustee’s powers and authority are suspended until further order of the court.  The parties shall meet and confer for appointment of a temporary administrator pendent lite.  The parties shall be ready to submit a proposed discovery schedule, and CMC conference date to be set on a Friday in the future in Dept. 12. 

21.  ERLACH, M

TRUST OF EDYTH M YOUNG

SPR-090124

PTN TO APPT SUCC TTEE; WAIVER OF BOND

TENTATIVE RULING: Approved.  The Petition for Appointment of Successor Trustee is GRANTED.

22.  SRL

PTN OF ANGELINA GEORGE GEORGIEVSKI

SPR-090128

CHANGE OF NAME

TENTATIVE RULING: Approved.

23.  SRL

PTN OF DANIEL ZORAN DEH

SPR-090129

CHANGE OF NAME

TENTATIVE RULING: Approved.

24.  SRL

PTN OF GEORGE ZORAN DEH

SPR-090130

CHANGE OF NAME

TENTATIVE RULING: Approved.

25.  BIRNIE, T

TRUST OF LOREEN BRUCE

SPR-090136

PTN RE TITLE TO TRUST PROPERTY

TENTATIVE RULING:  Approved.

26.  SRL

PTN OF RAQUEL DOMINQUE DOUGLAS

SPR-090139

CHANGE OF NAME

TENTATIVE RULING: Approved.

27.  SRL

PTN OF HALEY MORGAN RYALS

SPR-090147

CHANGE OF NAME/GENDER

TENTATIVE RULING: Approved.

28.  SRL

PTN OF MICHELLE LOUISE DAWKINS

SPR-090148

CHANGE OF NAME

TENTATIVE RULING: Approved.

29.  LAMBOURNE, C

EST OF MARY ELIZABETH MCLAUGHLIN

SPR-090150

PROBATE OF WILL

TENTATIVE RULING: The hearing is continued to June 29, 2017, at 8:30 a.m., in Department 12, to allow the petitioner to file proof of publication. (Prob. Code section 8121.)

30.  BULLOCH, K

PTN OF PATRICIA BENDER

SPR-090155

CHANGE OF NAME

TENTATIVE RULING:     The hearing is continued to June 29, 2017, at 8:30 a.m., in Department 12. The petition indicates that Mr. Bunyad’s address is unknown. Petitioner shall file a declaration indicating how she knows Mr. Bunyad currently lives at the address upon which service was attempted, and petitioner may serve the Mr. Bunyad by certified mail, return receipt requested.   

31.  MACKAY, B

EST OF KAZUKO COE

SPR-090159

LTRS OF ADMIN

TENTATIVE RULING: Approved.

32.  HARDIN, S

EST OF CHARLES G FOSTER

SPR-090165

LTRS OF ADMIN

TENTATIVE RULING: Approved.

33 CERVANTES, J

EST OF DERMOT A WHELAN

SPR-090168

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: The hearing is continued to June 15, 2017, at 8:30 a.m., in Department 12. Proof of mailing must comply with CCP § 1013a. (Prob. Code section 1261.) The petitioner must serve an endorse-filed copy so that the court can determine the notice, prior to being mailed, contained the date and time of the hearing. (CCP § 1013a.)

34.  SRL

PTN OF MICHELLE LOUISE ORTIZ

SPR-090180

CHANGE OF NAME

TENTATIVE RULING: Approved.

35.  SRL

EST OF SUSAN JANE WALKER

SPR-090192

LTRS OF ADMIN

TENTATIVE RULING: Approved.

36.  MADERIOUS, J

EST OF MORRIS RODNEY BRIDGES

SPR-090200

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: Approved.

37.  GULLOTTA, E

EST OF THOMAS T TAKEUCHI

SPR-090215

PROBATE OF WILL & ADMIN WWA

TENTATIVE RULING: Appearances required for confirmation that predeceased spouse, Hisayo Takeuchi—who is listed as having an interest in the decedent’s real property—did not have any next of kin.

38.  COPENHAVER, E

 

 

Cons of Diaz

SPR-090154

CONT FROM 5/4/17

APPT OF C’STOR

TENTATIVE RULING:  The Petition for Appointment of Conservator of the person and estate of Rodolfo O. Diaz is granted.  Guadalupe “Gidi” S. Diaz is appointed conservator.  Powers pursuant to PrC § 2355 are granted.  Bond is waived.  Having received notice from the Court Investigator that proposed conservatee, Guadalupe Diaz, is deceased, the petition is dismissed as to her only.

 

Appearance of counsel is required relative to the issue of dementia powers.  If dementia powers are still requested; an attorney will be appointed to represent the proposed conservatee pursuant to PrC§2356.5 (f)(1).

If an attorney is appointed, the matter is continued to June 29, 2017 for the report of appointed counsel and the granting of powers pursuant to PrC§2356.5 on that issue only.

 

Bond is waived.

 

© 2017 Superior Court of Sonoma County