Aug 07, 2022
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Tentative Rulings Probate Calendar – CONSERVATORSHIPS
Friday, August 5, 2022, at 9:30 a.m 
Honorable Lawrence E. Ornell
 
Courtroom 23
 
Civil and Family Law Courthouse
3055 Cleveland Avenue,
Santa Rosa, California 95403
 
 
PLEASE NOTE:  Masks need not be worn in the courthouse if you are fully vaccinated.

Persons are considered vaccinated two weeks after the final dose in a primary series of vaccinations.
 
All unvaccinated persons entering any Sonoma County Superior Courthouse, including any remote jury selection location, shall wear a face covering at all times compliant with all California State Health Orders and CAL/OSHA standards which must completely cover both the nose and mouth. 
 
 
Court Call is not permitted for this calendar.
 
If the tentative ruling does not require appearances, and is accepted, no appearance is necessary. 
 
Any party who wishes to be heard in response or opposition to the Court’s tentative ruling MUST NOTIFY the Court’s Judicial Assistant by telephone at (707) 521-6893 and MUST NOTIFY all other parties of the intent to appear, and whether they will appear in person or by Zoom. Both notifications must be completed no later than 4:00 p.m. on the court (business) day immediately before the day of the hearing.
 
Unless notification of an appearance has been given as provided above, the tentative ruling shall become the ruling of the court the day of the hearing at the beginning of the calendar, absent an objection from an interested party per Probate Code section 1043.   
  
 
To Access the Probate Examiner Notes:
 
·         Navigate to the Home page of the Sonoma Superior Court website: www.sonoma.courts.ca.gov.
·         Choose Court Case Portal
·         Choose “Click here to access the Portal”
·         Accept the Terms
·         Choose Smart Search, insert your case number, and follow all instructions.
 
To Join Department 23 “Zoom” Online

Navigate to website: https://us02web.zoom.us/j/83856098726?pwd=WEI3K1BPRCswSk0ZYSs4VUw1OU5ydz09
Enter Meeting ID: 854-4114-2253
And Password: 611386
 
To Join Department 23 “Zoom” By Phone:

Call: +1 669 900 6833 US (San Jose)
Enter Meeting ID: 854-4114-2253
And Password: 611386
 
 
Guide for Participating in Court Proceedings via Zoom for Dept 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.
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-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.
 
***
 
CONSERVATORSHIPS
 
 
1.       
CONSERVATORSHIP OF MING J
SPR095100
ACCOUNT & REPORT
 
 
TENTATIVE RULING:   Continued to August 19, 2022, at 9:30 a.m., in Department 23.
 
Petitioner is directed to file the following documents:
 
1.    Financial statements in accordance with PrC§ 2620(c)(2).
2.    Bill statements for the residential care facility as required by PrC§ 2620(c)(4).
 
 
2.     
CONSERVATORSHIP OF VANESSA B
SPR095412
ACCOUNT & REPORT
 
 
TENTATIVE RULING: The first account and report is approved. The conservator’s expenses are approved in the amount requested of $3,762.20. Unpaid attorney’s fees and costs are approved in the amount requested of $2,552.39.
 
The reimbursement to conservatee’s mother, Barbara Bardella, for loans and advanced attorney’s fees to the conservatorship estate are approved in the amount requested of $63,263.82.
 
Bond is sufficient at $756,080.00
 
The matter is set for review on Thursday,  July 25, 2024, at 3:00 p.m. in Department 23 for status of accounting. If the second account and report has been filed, no appearance shall be required.
 
 
3.     
CONSERVATORSHIP OF JANE MARY K
SPR095531
ACCOUNT & REPORT
 
 
TENTATIVE RULING: Continued to September 9, 2022, at 9:30 a.m., in Department 23.
 
Petitioner is directed to file, no later than September 2, 2022, the following documents:
 
·         An amended first account with the property on hand at the beginning of the accounting period based on the appraised value of the assets on the date the conservatorship was established (mobile home appraised at $79,000.00; vehicle appraised at $500.00; furniture, furnishings, etc., appraised at $2,500.00; and the $2,246.98 in the checking account.)
 
·         Financial statements in accordance with PrC§ 2620(c)(2).
·         Bill statements for the residential care facility as required by PrC§ 2620(c)(4).
·         An amended Exhibit B that reflects the costs advanced by the conservator.
·         A time diary in support of the conservator’s request for fees that includes (1) the date of the service; (2) a description of the service provided; (3) the amount of time spent performing the service; and (4) the hourly rate requested; or in the alternative, the legal authority for granting conservator fees based on a percentage of the value of the estate per year and indicate how the amount requested is 1% of the estate.
 
·         A time diary in support of attorneys’ fees that includes 1) the date of the service; (2) a description of the service provided; (3) the amount of time spent performing the service; and (4) the hourly rate of the person performing the service.
 
The request for an order granting the conservator the power to sell the conservatee’s manufactured home located in Harbor City, California is approved. Court confirmation of the sale is required. Counsel for the conservator is directed to submit an order that conforms to the ruling regarding the sale of property.
 
4.     
CONSERVATORSHIP OF ROSANA C
SPR096783
APPOINTMENT OF CONSERVATOR
 
 
 
TENTATIVE RULING: Continued to September 28, 2022, at 9:30 a.m., in Department 23, per Notice of Stipulated Continuance filed on July 25, 2022.
 
 
5.     
CONSERVATORSHIP OF BETTY COON W
SPR096801
APPOINTMENT OF CONSERVATOR
 
 
TENTATIVE RULING:  The Petition is denied without prejudice. The Petition indicates that the proposed conservatee’s permanent residence remains in Marin County. Thus, venue in Sonoma County is improper and the conservatorship should be filed in Marin County.
 
 
6.
CONSERVATORSHIP OF MADELINE H. M
SPR096804
APPOINTMENT OF CONSERVATOR
 
 
TENTATIVE RULING:   Continued to September 9, 2022, at 9:30 am in Department 23.
 
On August 1, 2022, The Sonoma County Public Defender, Karen Thompson, was appointed to represent the conservatee pursuant to PrC§ 1471(b). This matter is continued to allow for the Public Defender to meet with their client.
 
Counsel for petitioner is directed to serve the Public Defender with all pleadings in this matter on or before August 12, 2022, and file proof of service with the court.
 
 
 
 
 
            7.                                         CONSERVATORSHIP OF                    APPOINTMENT OF CONSERVATOR
                                                         CHRISTINE AGNES G SPR096673                                                              
 
TENTATIVE RULING: Kathleen Renz is appointed conservator of the person and estate of Christine Agnes Goldman with powers pursuant to PrC §2355 and PrC §2356.5(c). Bond is set in the amount of $20,000.
 
The matter is set on Thursday December, 8, 2022, at 3:00 p.m. in Department 23 for review of compliance with the Probate Code sections listed below:
 
-Probate Code § 1830 Notice of Conservatee’s Rights (Judicial Council Form GC-341) and a copy of the Order Appointing Conservator shall be mailed on or before the 30th day following the filing date of the Order Appointing Conservator.
 
-Probate Code § 2352.5 Determination of Conservatee’s Appropriate Level of Care (Judicial Council Form GC-355) shall be filed with the court within 60 days of the date of the court’s order appointing conservator.
 
-Probate Code § 2610 Inventory and Appraisal (Judicial Council Form GC-040) shall be filed with the court within 90 days of appointment of conservator along with the notice of how to file an objection (Judicial Council Form GC-042).
 
If the conservator complies with all requirements above, no appearance shall be required, and a new case management conference date shall be set for one month after the first accounting is due for accounting status.

 

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