Feb 26, 2017

TENTATIVE RULINGS

Probate Calendar

2/23/17 8:30 a.m. Dept. 13

Judge Bradford DeMeo

 

Dept. 13 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, 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. 

 

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.   PUTNAM, J

      BANTI, C

      ERLACH, M

CONS OF ELISABETH LUCAS

SPR68120

ACCT & RPT, FEES

TENTATIVE RULING:  Continued to March 30, 2017, at 8:30 a.m., in Department 13.

 

Petitioner is directed to file a verified declaration (or amended accounting), no later than March 23, 2017, that explains the discrepancy between the property on hand listed on the Summary of Account and the property on hand listed on Schedule E.

 

Counsel is directed to file a statement of fees, no later than March 23, 2017, that complies with CRC§§ 7.751(b), 7.702 and 7.703(e).

2.   MCCULLOUGH, K

      ADAMS, B

      O’NEILL, S

      BUMERTS, P

      NORTON, T

TRUST OF THERESA LOUVAR

SPR76161

 

                                          

TRUST PETITION

TENTATIVE RULING: Judge DeMeo recuses himself from this matter. The hearing is continued to Wednesday, March 8, 2017, at 3:00 p.m., in Department 18.

3.  WEINROTH, D

EST OF JOHN COTTON

SPR84552

TERM OF FURTHER PROCEEDINGS & DISCHARGE OF PERS REP

TENTATIVE RULING: Approved.

4.   AARON, R

      ROWE, J

      SHINDLEDECKER, T     

CONS OF DAVID ABEYTA

SPR85746

1ST & ACCT & RPT, FEES & REDUCTION OF BOND

TENTATIVE RULING: Approved with the exception of reimbursement for mileage requested by conservator/trustee pursuant to Local Rule 6.54 D.1.b.iv.  Reimbursement of mileage is denied. 

5.   ANDREWS, W

     

EST OF NICHOLAS ANAST

SPR87785

1ST & FINAL ACCT & RPT, FEES, FINAL DIST

TENTATIVE RULING: Approved.

6.   DENNIS, A

      SHINDLEDECKER, T

      GARDNER, L

CONS OF ELLEN LOCHNER

SPR87873

ATTY FEES

TENTATIVE RULING:  Approved.

7.   BARTON, L

GDN EST OF RAUL A & KRYSTAL M TREVINO

SPR88086

ACCT & RPT

TENTATIVE RULING:  Continued to March 23, 2017 at 8:30 a.m. in Department 13 for compliance with CRC§§ 7.71(b), 7.702 and 7.702(e).  Petitioner shall also provide a declaration with a breakdown of the time entries on 2-16-15, 2-1-15, 3-9-15, 4-7-15, 4-14-15, 9-3-15, 2-12-16 and 9-8-16.  Specifically, was petitioner acting as an attorney or a guardian when the services were provided.  Said declaration shall be filed on or before March 14, 2017 with a copy served on the Office of the Court Investigator. 

8.  DALE, S

SNT OF AIDEN MCQUINN

SPR88215

1st ACCT & RPT

TENTATIVE RULING: Continued to March 30, 2017 in department 13 at 8:30 a.m.

 

Petitioner is directed to file and serve a verified declaration, no later than March 23, 2017, explaining the Preschool Tuition reimbursement to the mother in light of Family Code §3900 and the AAA membership and the Auto Insurance Policy disbursements.

 

Said declaration shall also be served on the Office of the Probate Court Investigator no later than March 23, 2017.

9.  ALBERIGI, L

EST OF WILLIAM HEBENSTREIT

SPR89082

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

10. 

EST OF AUDREY JEAN DOLZADELL

SPR89385

1ST & FINAL DIST, FEES

TENTATIVE RULING: Approved.

11. DENNIS, A

      SINIGIANI, C

TRUST OF JIM LARSON

SPR089589

CONT FROM 12/22/16

COMPEL ACCTG, SURCHARGE, REMOVE TRUSTEE

TENTATIVE RULING: Appearances required.

12. ROTHSTEIN, G

TRUST OF NICHOLAS P POPOV

SPR089643

TRUST PETITION

TENTATIVE RULING: Approved.

13.  BANTI, C

TRUST OF HAROLD F RICHARDSON

SPR089716

TRUST PETITION

TENTATIVE RULING: The hearing is continued to March 23, 2017, at 8:30 a.m., in Department 13, to allow petitioner to file proof of service on all trustees. If proof of service is not filed five days before the next hearing, the matter will be dismissed.

14.  SRL

PTN OF ROBERT MICHAEL LONG

SPR089735

CHANGE OF NAME

TENTATIVE RULING: Approved.

15.  MILKS, J

CONS OF JOHN KENNETH LAVELL

SPR089739

APPT OF C’TOR

TENTATIVE RULING:  The petition for appointment of probate conservator of the person and estate is denied.    

 

A capacity declaration has not been submitted in support of the powers requested and the need for a conservatorship has not been shown by clear and convincing evidence.  

 

The Court has determined that a conservatorship is not the least restrictive alternative and that the proposed conservatee does not require the protection of a probate conservatorship.

16.  SINIGIANI, C. for Trustee Jayne McGinnis

       TUSSEY, A. for Kim Henderson

TRUST OF WILLIAM H & LORETTA A HENDERSON

SPR089784

ACCT & RPT, FEES, INSTRUCS

TENTATIVE RULING: The hearing is continued to March 23, 2017, at 8:30 a.m., in Department 13, to allow counsel to provide additional information for the amount of attorney fees charged. Counsel should provide the hourly rate charged and the amount requested for each category of service. The statement of facts should contain sufficient information for the court to be able to analyze the reasonableness of the rate and the amount of time devoted to the matter. Time records may be provided to support the statement of facts.

17.  MALONEY, D

       AIONA, T

       MARTINEZ, A

       BANTANIDES, S

 

EST OF CYNTHIA ANN BATANIDES

SPR089793

PROBATE OF WILL

TENTATIVE RULING: Appearances required.  

18.  BERRY, M

EST OF ROBBIN BRUCE HACKETT

SPR089800

LTRS OF ADMIN

TENTATIVE RULING:  Approved.  Bond is fixed at $78,000

19.  JOHNSTON, R

EST OF DONALD EDWARD SQUIRES

SPR089828

LTRS OF ADMIN

TENTATIVE RULING: Approved.

20.  SRL

PTN OF DYAMI JOHN HOLBROOK

SPR089838

CHANGE OF NAME

TENTATIVE RULING: Approved.

21.  GULLOTTA, E

TRUST OF ERIC M SMITH

SPR089840

TRUST PETITION

TENTATIVE RULING: Approved.

22.  SRL

PTN OF SIERRA MARIE PAIGE NAUMANN

SPR089841

CHANGE OF NAME

TENTATIVE RULING: Approved.

23.  MACKAY, B

EST OF ROBERT L BARRON, II

SPR089842

LTRS OF ADMIN

TENTATIVE RULING: Approved.

24.  FARLEY, D

TRUST OF CAROLE A FARLEY & ERVIN U FARLEY

SPR089843

TRUST PETITION

TENTATIVE RULING: Approved.

25.  MANWELL, M

TRUST OF JOHN D & IVA MAYBELLE WILLIAMS

SPR089850

TRUST PETITION

TENTATIVE RULING: Approved.

26.  SRL

PTN OF KATELYN JUNE WANDREY

SPR089851

CHANGE OF NAME

TENTATIVE RULING: Approved.

27.  RONDON, B

CONS OF NICKY BOEHME

SPR089852

APPT OF C’TOR P & E

 

TENTATIVE RULING: Having read the Report of the Court Investigator filed on February 16, 2017, the Court continues the petition for appointment of probate conservator of the person and estate to March 30, 2017, at 8:30 a.m., in Department 13.

 

Janice Sternfeld is appointed to represent the proposed conservatee in the conservatorship proceeding. Court appointed counsel’s report is to be filed and served no later than 5 days prior to the hearing set on March 30, 2017.

 

Counsel for petitioner is directed to serve court appointed counsel with all pleadings no later than March 2, 2017 and file a proof of service with the court.

28.  WERTZ, A

PTN OF BRENNA LEE

SPR089854

CHANGE OF NAME

TENTATIVE RULING: Approved.

29.  DIEPENBROCK, A

   

EST OF ROY J LEMBI

SPR089855

 

TENTATIVE RULING: Approved.

30.  HINDLEY, R

EST OF GERALD CHESTER SEALUND

SPR089856

LTRS OF ADMIN

TENTATIVE RULING: Approved.

31.  SRL

EST OF DAVID WILLIAM MICHAEL

SPR089861

PROBATE OF WILL

TENTATIVE RULING:  Continued to March 9, 2017 at 8:30 a.m. in Dept. 13 to allow time for Petitioner to file proof of service of petition at least five (5) days prior to the hearing, pursuant to Local Rule 6.2(D)(3). 

32.  METZ, N

TRUST OF ROLF C OLNESS

SPR089862

TRUST PETITION

TENTATIVE RULING: The petition is approved, except that the court will not approve use of a Section 13100 affidavit as petitioner has not shown that the gross value of the decedent’s real and personal property combined does not exceed one hundred fifty thousand dollars ($150,000).  

33.  SRL

PTN OF AMANDA CRUISE

SPR089878

CHANGE OF NAME/GENDER

TENTATIVE RULING: The hearing is continued to March 9, 2017, at 8:30 a.m., in Department 13.  

34.  BORELLO, S

 

EST OF BEDOLLA

SPR-88402

CONT FROM 2/9/17

ACCT & RPT

TENTATIVE RULING: The hearing is continued to March 2, 2017, at 8:30 a.m., in Department 13, to allow the court time to review the late-filed Final Closing Statement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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