Aug 11, 2020
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Probate Trust Calendar
 
Friday, August 7, 2020              9:30 a.m. – Hon. Jennifer V. Dollard         
 
Courtroom 18 via Zoom
 
Probate matters will be heard as follows
 
PLEASE NOTE: In accordance with the Addendum to First Amended Omnibus Order of the Presiding Judge issued May 27, 2020, only those persons with court hearings in criminal actions shall enter a Sonoma County Superior Court facility.  Until further notice, all matters set for hearing in this courtroom shall be heard remotely through Zoom.  No party or representative of a party may appear personally in Courtroom 18.  CourtCall is not permitted for this calendar.
 
 

If the tentative ruling is accepted, no appearance by Zoom 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 9:45 a.m. on the day of the hearing. 
 
TO JOIN “ZOOM” ONLINE,
D18 – Probate 9:30am Friday
MeetingID: 838—5609--8726
Password: 000169
https://us02web.zoom.us/j/83856098726?pwd=WEI3K1BPRCswSk0ZYSs4VUw1OU5ydz09
 
TO JOIN “ZOOM” BY PHONE,
By Phone (same meeting ID and password as listed for each calendar):
+1 669 900 6833 US (San Jose)
 
Guide for participating in court proceeding via Zoom D18
 
-After joining the meeting and checking in with the clerk, please mute your audio when not speaking. This helps keep background noise to a minimum.
-Be mindful of background noise when your microphone is not muted. Avoid activities that could create additional noise, such as shuffling papers.
-Position your camera properly if you choose to use a web camera. Be sure it is in a stable position and focused at eye level, if possible. Make sure everything visible in the frame is appropriate for an appearance in court.
-If a confidential session becomes necessary it is incumbent on you to ensure you are able to participate from a private location so that unauthorized people cannot overhear or see the proceedings.
-Chat is enabled for the sharing of documents among participants and the court and to allow attorneys to communicate individually with each other or their clients only. No chat messages should be sent privately to the court as it would amount to an unauthorized ex parte communication. Neither should chat messages be sent to all participants unless directed by the court.
-The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
-Be patient. Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally.
 
 
 

 

 

 

  
 
TRUSTS
 
 
1.    SPR80388, MATTER OF THE HAEL THATCHER SNT
 
The Trustee’s 6th Account and Report is APPROVED. Additionally, pursuant to Probate Code § 15408(a)(2), the court finds good cause to release and waive bond and to require the next accounting to be the final one required upon exhaustion of the trust assets pursuant to Probate Code §16062(a). The court further waives the court filing fees pursuant to Government Code §70652(d).
 
To the extent the Trustee has requested instruction regarding Trust termination, the court notes the Trust expressly provides for termination only upon the death of the beneficiary. (Trust, §5.1(c).) However, the exhaustion of Trust assets - even during the beneficiary’s lifetime - would necessarily result in termination of the Trust. The court would be disinclined to terminate the Trust otherwise.
 
 
2.    SPR82450, MATTER OF DAVID STEWART HUHLE
 
The Fifth Account and Report is approved.
 
As for the petition for trustee and attorney compensation,trustee fees are approved in the amount prayed. Attorney fees are approved in the amount of $4,515.00. The court has reduced the hourly rates of the attorney and his paralegal to $375/hour and $150/hour, respectively. In making this determination, the court has considered the nature and difficulty of the tasks performed, the time spent, the results achieved, and the compensation customarily allowed by the court in the community where the court is located.
 
 
3.    SPR090509, MATTER OF SHARON ANELLO TRUST
 
Approved. The Court will sign the [proposed] order submitted with the Second Supplement on July 8, 2020.
 
 
4.    SPR092567, MATTER OF ROBERT MICHAEL ZAJONC TRUST
 
The Court will approve the settlement agreement and sign the proposed order submitted by attorney Michael Spalding if written consents to the Court’s continuing jurisdiction pursuant to CCP §664.6 are received prior to the hearing. As of noon on August 5, 2020, the Court has not received the consents. All other items identified in the Court’s tentative ruling for the July 24, 2020 hearing have been addressed. If the Petitioner wishes the Court to approve the settlement agreement without continuing jurisdiction under CCP section 664.6, she may call to request an appearance at the hearing and so indicate. The Court would then approve the settlement and sign a modified order. Absent receipt of consents or a request to appear, the matter will be continued to September 11, 2020 at 9:30 a.m. in Department 18.
 
 
5.    SPR094341, MATTER OF JAMES HOSTETTER, BERNITA V. HOSTETTER TRUST
 
A request for dismissal without prejudice of this petition was entered on August 3, 2020.   Therefore, this hearing is dropped from calendar.
 
 
6.    SPR094342, MATTER OF FLORENCE PIEPENBRINK & ROBERT PIEPENBRINK TRUST
 
Petition to Appoint Successor Trustee and Confirm Trust Beneficiaries is APPROVED. The Court will sign the proposed order appointing petitioner as successor trustee (without bond); and confirming the residuary share of Ellen Piepenbrink passes to petitioner as the only other residuary beneficiary under the Trust.
 
 
7.    SPR094359, MATTER OF JULIUS JAHN, GERTRUDE H. JAHN TRUST
 
The petition is APPROVED. The Court will sign the proposed order submitted by petitioner.
 
 
8.    SPR094361, MATTER OF KAREN HAMLOW, EARL E. HAMLOW, JR. TRUST
 
This matter is continued to September 25, 2020 at 9:30 a.m. in Department 18 to allow Petitioner to comply with Prob. Code § 851(c)(1) and (3). Petitioner is referred to the new form DE-115 adopted for mandatory use as of January 1, 2020. This form also provides for an indication that the petition was served along with the notice of hearing. (DE-115, pg 2, no.5.) There is no proof of service of the petition filed with the court presently.  In addition the petitioner should clarify the following apparent discrepancy in the property description. The Trust Schedule A and other documents refer to the Property as 958 McNear Street but the First Amendment refers to the property as 958 McNear Avenue. Upon notice being given as required by law, or waived, clarification that the documents in fact do refer to the same property, and absent any objection, the court would grant the request on its merits. 
 
 
9.    SPR094697, MATTER OF AMY JO MCMAHON TRUST
 
The petition is APPROVED. The court will sign the proposed order submitted by petitioners on July 30, 2020.
 
  
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