Dec 08, 2022
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PROBATE TRUSTS CALENDAR – TENTATIVE RULINGS 

Friday, December 9, 2022 at 9:30 a.m. VIA ZOOM and IN COURT

Honorable Lawrence E. Ornell - Courtroom 23

 

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. You must inform the clerk concerning your appearance choice: Zoom or in person. 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 PROCEEDINGS VIA ZOOM ONLINE:

Use a web browser of your choice and navigate to the following URL/web address on the World Wide Web: https://zoom.us/join

When prompted, enter the following information:

 

Meeting ID: 854-4114-2253

Password: 611386

 

TO JOIN PROCEEDINGS VIA ZOOM BY PHONE:


Call 1-669-900-6833 (San Jose) and enter same meeting ID and password as listed above.

 


 

 

Guide for participating in court proceedings via Zoom for Department 23.

 

  • 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.

 

 
***


 
1.    In re the Matter of the Conservatorship of Lisa Caravacci, SPR86888
 
Tentative Ruling: Approved. No appearance required. Bond is set at $200,000.
 


 
2.    In re the Matter of the Marilyn G. Low Special Needs Trust, SPR87135
 
Tentative Ruling:   Approved. No appearance required. 


 
3.    In re the Matter of the Jordan Cazarez Special Needs Trust, SPR88644
 
Tentative Ruling:   Approved. No appearance required. 
 


 
4.    In re the Matter of Anna Jean Fanucchi Trust, SPR093522
 
Tentative Ruling: This matter is CONTINUED to 9:30 a.m. on February 3, 2023, in Department 23. 
 
This is a contested matter. Pursuant to Local Rule 6.2.G.2., the parties are ordered to meet and confer and make a good faith attempt to informally resolve the controversy at a face-to-face conference (which is deemed to include video platforms such as Zoom), if possible, otherwise by telephone conference. If the matter has not resolved, the parties shall each file Statements of Issues no later than seven (7) court days before the hearing date. (Local Rule 6.2 G.3.)
 


5.    In re the Matter of the Laverne Willits Trust, SPR096577
 
Tentative Ruling:  No appearance required. Based on judicial recusal this matter is continued to January 6, 2023 9:30 am in Dept. 23.
 


 
6.    In re the Matter of the Clyde P. Smith 1985 Trust Agreement, dated November 21, 1985, as Amended, SPR096877
 
Tentative Ruling: This matter is CONTINUED for Case Management Conference to 3:00 p.m. on February 9, 2023, in Department 23. 
 
Pursuant to Local Rule 6.2.G.2., the parties again are directed to meet and confer and make a good faith attempt to informally resolve the controversy at a face-to-face conference (which is deemed to include video platforms such as Zoom), if possible, otherwise by telephone conference. If the matter has not resolved, the parties shall each file Statements of Issues no later than seven (7) court days before the CMC date. (Local Rule 6.2 G.3.) 
 
 


7.    In re the Matter of the Diana C. Monk Trust Agreement Dated December 13, 1990, SPRT097034
 
Tentative Ruling: This matter is CONTINUED to 9:30 a.m. on February 3, 2023, in Department 23. 
 
This is a contested matter. Pursuant to Local Rule 6.2.G.2., the parties are ordered to meet and confer and make a good faith attempt to informally resolve the controversy at a face-to-face conference (which is deemed to include video platforms such as Zoom), if possible, otherwise by telephone conference. If the matter has not resolved, the parties shall each file Statements of Issues no later than seven (7) court days before the hearing date. (Local Rule 6.2 G.3.)
 


8.    In re the Matter of the Brandon Family Revocable Trust UTA dated September 25, 1995 as Amended, SPR097036
 
Tentative Ruling: The hearing on the Petition filed October 4, 2022, is CONTINUED to 9:30 a.m. on February 3, 2023, in Department 23. 
 
The purpose of this continuance is to afford Petitioner additional time within which to serve notice using the mandatory Judicial Council form DE-115 and file a proof of service. Notice of Hearing was given on form DE-120 and an accompanying Summons, which does not otherwise contain the information required by Prob. Code § 851(c)(1) and (c)(3). Petitioner must file a code-compliant Notice of Hearing for the continued hearing date and file a proof of service establishing code-compliant service was effectuated at least 30 days before the continued hearing date.
 


9.    In re the Matter of Robert K. Gjestland and Wendy C. Gjestland Revocable Trust dated 07/14/2020, SPR097044
 
Tentative Ruling: In the absence of objections or opposition, the Petition on September 9, 2022, is GRANTED. The Court will sign the proposed order submitted with the Petition.
 


 
10 & 11. In re the Matter of Richard L. Holmes and Jacqueline B. Holmes
   Trust, SPR094593
 
Tentative Ruling:   Appearance required. 


 
 
End of Tentative Rulings
 
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