Jan 21, 2018

TENTATIVE RULINGS

Probate Calendar

1/18/18 10:30 a.m. Courtroom 22

Judge Bradford DeMeo

Department 12

 

Probate matters will be heard as follows: 

 

Probate Calendar: Thursday at 10:30 a.m. in Courtroom 22. 

Limited Conservatorship Calendar: Tuesday at 1:30 p.m. in Courtroom 23. 

 

Courtrooms 22 and 23 are located at the Civil and Family Law Courthouse – 3055 Cleveland Avenue, Santa Rosa, California 95403

 

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 10:45 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.  WILSON, E

EST OF DIXIE YEAGER

SPR-53233

PTN TO REMOVE EXECUTOR AND FOR ACCOUNTING

TENTATIVE RULING: Per stipulation and order, the hearing has been continued to March 22, 2018. The hearing will be at 10:30 a.m., in Courtroom 22.

 

2.  KORN, K

     NORTON, T    

EST OF JOSEPH CANDIA

SPR-75629

ACCT & RPT

TENTATIVE RULING: Approved.

 

3.  BARBER, G

EST OF ANETA G HADLEY

SPR-88014

WAIVER OF ACCT & RPT

TENTATIVE RULING: The petition for distribution is approved. Extraordinary fees are approved in the amount of $5,106.50. The remaining request for extraordinary fees is denied; the petition for appointment of executor and for preliminary distributions are ordinary in nature.

 

4.  KELLY, J

TRUST OF ADELE M SUMROW

SPR-88224

MOTION FOR LEAVE

TENTATIVE RULING: Petitioner’s Motion for Leave to File First Amended Petition is continued to January 25, 2018 (10:30 a.m.) for moving party to file and serve a mandatory CRC Rule 3.1324 supporting declaration specifying (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier.  No such declaration was submitted with the motion.  The declaration shall be filed and served by January 22, 2018.

 

5.  DRUMMOND, D

TRUST OF LOUISE SHAFFLEY

SPR-88488

PTN COMPELLING CURRENT TTEE TO ADMINISTER TRUST, FOR SURCHARGE & DENYING COMP TO FORMER TTEE; OPPO TO PTN OF DEBORAH BOWMAN TO SURCHARGE THE INTEREST OF RICKY BOWMAN

TENTATIVE RULING:

1) Petition for Approval of Accounting: The hearing is continued to March 1, 2018, at 10:30 a.m., in Courtroom 22. Petitioner shall file a supplement to the accounting providing a statement of all compensation paid from the assets subject to the account to the fiduciary or to the attorneys for the fiduciary. (Prob. Code section 1064(a)(3).)

 

2)  Petition for Orders to Surcharge the Interests of Ricky Bowman and Shelley Ocaña: The hearing is continued to March 1, 2018, at 10:30 a.m., in Courtroom 22, to be heard alongside the petition filed by Ricky Wayne Bowman. The parties are directed to meet and confer and make a reasonable and good faith attempt to informally resolve the controversy.

 

6.  STERNFELD, J

EST OF DEBRA COLE

SPR-88703

ACCT & RPT

TENTATIVE RULING: The petition is approved. The court has struck language at page 4, number 5 of the order as it is not a finding being made on this petition.

 

7.  SRL

EST OF MARY K ROCHE

SPR-88757

ACCT & RPT

TENTATIVE RULING: Approved.

 

8.  HALL, P

EST OF SHARON K MILLER

SPR-089578

FINAL DIST

TENTATIVE RULING: Upon filing the receipt for the creditor’s claim for Phillips & Cohen Associates, the petition is approved, as follows. Statutory fees are calculated on a fee base of $229,360.89 for $7,587.22 each to the executor and his attorney. Extraordinary fees are approved to Paula Hall in the amount of $2,560. All other requests not specifically mentioned in this order are approved as requested. Any assets remaining in the estate after recalculating fees should be split between the specific devisees named in decedent’s will. Petitioner is to submit an order consistent with this ruling.

 

9.    PASSALACQUA, T

EST OF FRANK D CAUDLE

SPR-089802

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

10.  STAINBROOK, C

EST OF GEOFFREY C ANDREWS

SPR-089902

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

11.  INGERSOLL, K

CONS OF RUTH MARIE TROUT

SPR-090201

AUTHO SALE OF C’TEE’S RESID

TENTATIVE RULING:  Continued to February 22, 2018, for compliance with PrC§ 2610(a).

           

12.  GULLOTTA, E

EST OF THOMAS T TAKEUCHI

SPR-090215

FINAL DIST

TENTATIVE RULING: The petition is approved. The order has been modified; the court calculates the amount of cash to be distributed from the estate, after payment of fees and retention of a $35,000 closing reserve, to be $2,009,001.02. The court will require an informal accounting of the cash reserve as specified in the Closing Reserve Schedule attached to the order.

 

13.  ELZI, C

       FISHMAN, W.

TRUST OF ALBERTA MONTGOMERY

SPR-090504

PTN FOR ORDER REMOVING TTEE; FOR ACCTG; OBJ TO NTC OF PROP ACTION

TENTATIVE RULING: The hearing is continued to February 15, 2018, at 10:30 a.m. in Courtroom 22.

 

14.  SRL

PTN OF WHITNEY BECK

SPR-090821

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.

 

15.  ANDERSON, C

       GARDNER, L

CONS OF JAYNE O BROWN

SPR-090827

APPT OF C’TOR

TENTATIVE RULING:  Having reviewed the report of court appointed counsel filed on January 11, 2018, the petition for appointment of probate conservator of the person and estate is denied. 

 

In that the proposed conservatee has estate planning documents in place, 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.    

 

The request to discharge court appointed counsel is continued to February 22, 2018.  Court appointed counsel is directed to file and serve a request for attorney fees and costs, no later than February 15, 2018, for the court to determine the reasonableness of the fee request.

 

16.  SRL

PTN OF SILVIA VALERIA RAMOS MEDINA

SPR-090902

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

17.  SRL

PTN OF ABBY KRISTEN CACHO

SPR-090903

CHANGE OF NAME

TENTATIVE RULING: As proof of publication was not filed five court days prior to the hearing (Local Rule 6.2(D)(4)), the hearing is continued to 3/8/18, to allow petitioner to file proof that the petition was published in a local newspaper as required by Cal. Civil Code of Procedure section 1277(a)(2). If petitioner has proper proof of publication, he/she may bring it to court, and if the court is satisfied the delay in filing was not the neglect of petitioner, this matter will be approved. 

 

18.  HANDELMAN, A

EST OF JEFFREY F KRAHN

SPR-090905

LTRS OF ADMIN

TENTATIVE RULING: The hearing is continued to February 8, 2018, at 10:30 a.m., in Department 22, to allow time for publication.

 

19.  SRL

EST OF MELINDA SUE STRASSER

SPR-090912

LTRS OF ADMIN

TENTATIVE RULING: Approved.

 

20.  SRL

PTN OF VALERIA CORONA BUENROSTRO

SPR-090918

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

21.  SRL

PTN OF ZIADOON JIHAD MURAD AND RAWAD ALASKAR

SPR-090929

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

22.  GLADDEN, M

EST OF MICHAEL CRAIG WALKER

SPR-090933

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: The hearing is continued to February 1, 2018, at 10:30 a.m., in Courtroom 22. The will submitted does not comply with Prob. Code section 6110. As such, evidence will need to be submitted pursuant to Prob. Code section 6110(c)(2). Additionally, the petition, in part, seeks an order confirming that one-half of the subject property belonged to the petitioner. However, there are no facts establishing that the subject property was community property. If petitioner seeks to confirm one-half interest in community property to herself, she must file a supplement to Attachment 7 establishing that the property was community property.

 

23.  MADERIOUS, M

EST OF PERLA ESPINOZA SOBERANIS

SPR-090935

LTRS OF ADMIN

TENTATIVE RULING: The petition is approved except that the request for use of a blocked account in lieu of a bond is denied. Bond will be required in the amount of $50,000 unless bond waivers are filed.

 

24.  SRL

PTN OF SIMON ROBERT LEDEZMA & JESSICA DANIELLE ECCLES

SPR-090939

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

25.  BURNSIDE, L

TRUST OF ANITA J PUIG DE FALL & MICHAEL E PUIG DE VALL

SPR-090942

PTN TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENT; TO ASCERTAIN BENES & IMPOSE  CONSTRUCTIVE TRUST

TENTATIVE RULING: At the request of counsel, the petition is continued to March 22, 2018, at 10:30 a.m., in Courtroom 22.

 

26.  WILSON, M

EST OF DENNIS E MARTIN

SPR-090945

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

27.  YOUNG, M

EST OF CARMEN MCREYNOLDS

SPR-090966

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

28.  SRL

PTN OF SHARI LEE WATT

SPR-090977

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

29.  SRL

PTN OF ELISABETH ANNE LEONARD & ADAM LOUIS HILL

SPR-090978

CHANGE OF NAME AND GENDER

TENTATIVE RULING: Approved.

 

30.  DENNIS, A

       COPENHAVER, E

       SO COUNTY PUBLIC DEFENDER

CONS OF SUZANNE DEKOZAN

SPR-090198

CONT FROM 1/11/18

STATUS

TENTATIVE RULING:  Appearances required at 10:30 a.m. in Courtroom 22. Conservator is directed to arrange transportation for the conservatee to attend the court hearing.


The proposed successor conservator is directed to file all documents for the appointment of successor conservator.

 

The accounting is approved. Conservator’s fees are approved in the amount of $40,136. In making this determination, the Court has considered the value to the estate, the nature and difficulty of the tasks performed, the necessity for the services performed, the results achieved, and the compensation customarily allowed by the court in the community where the court is located for the management of conservatorships of similar size and complexity.

 

Attorney fees for Erika A. Copenhaver are approved in the amount of $14,886.65. In making this determination, the Court has considered the nature and difficulty of the tasks performed, the time spent, the results achieved, and the benefit to the conservatee.

 

31.  NORTON, T

       ALBERIGI, L

SONOMA CO PUBLIC DEFENDER

LTD CONS OF YOHAN TEWELDE

SPR-090973

TRIAL SETTING

TENTATIVE RULING:  Appearances required at 10:30 a.m. in Courtroom 22 for trial setting.

 

32.

EST. OF PAUL UMINO

SPR-090927

LETTERS OF ADMIN

TENTATIVE RULING: The petition is approved. Despite bond waivers, bond will be required in the amount of $200,000. (Prob.Code § 8571.)

 

© 2018 Superior Court of Sonoma County