Sep 17, 2021
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TENTATIVE RULINGS                                        

Probate Calendar – ESTATES

Friday, September 17, 2021 at 9:30 a.m.

Hon. Jennifer V. Dollard - Courtroom 18 via Zoom

 

 

PLEASE NOTE: In accordance with the Order of the Presiding Judge, a party or representative of a party may appear personally in Courtroom 18 or may appear remotely through Zoom.  Social distancing among members of the public is no longer required and capacity shall be the normal courtroom capacity. 

 

Masks are required at all times, regardless of vaccination status.  Compliant mask coverings do not include; 1) neck gaiters; 2) masks with valves or other holes; 3) bandanas; or 4) face shields.  This order applies to all interior spaces of the courthouse.  CourtCall is not permitted for this calendar.

 

Probate Matters Will be Heard as Follows: 

 If the tentative ruling does not require appearances, and is accepted, no appearance is necessary. 

The tentative rulings will become the ruling of the Court unless a party desires to be heard.  If you desire to appear and present oral argument, YOU MUST NOTIFY Judge Dollard’s Judicial Assistant by telephone at (707) 521-6893 and all other opposing parties of your intent to appear, and whether that appearance is in person or via Zoom, no later 4:00 p.m. the court day immediately preceding 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 at 9:45 a.m. on the day of the hearing, 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 “Zoom” Online

D18 – Probate 9:30am Friday

MeetingID: 838-5609-8726

Password: 000169

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 Proceedings via Zoom for Dept 18:

 -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.

 

 
ESTATES/OTHER PROBATE
 

 

1.  MAROLD, M.

 

ESTATE OF

JAMES FRANKLIN COTTER

SPR-090678

 

STATUS UPDATE

TENTATIVE RULING: Third Status Report is approved. A review hearing on further status report or accounting is set for September 29, 2022, at 3:00 p.m., in Department 18.

 

 

2.  SRL

ESTATE OF THELMA LOOS

SPR-093203

 

FINAL DISTRIBUTION

TENTATIVE RULING: Matter is continued to October 22, 2021 at 9:30 a.m. in Department 18 for Petitioner to address deficiencies in the filings; Please refer to the Probate Examiner Notes posted in the case file.  In light of the fact petitioner reimbursed all expenses, including $12,052.59 to herself, without first getting required Court approval, and the lack of any time logs or specific facts supporting the $5,000 in extraordinary fees she seeks for herself for the time dealing with the sale of the mobile home, the Court is unlikely to approve extraordinary fees in this case.

 

 

3.   HEALY, S.    

ESTATE OF DAVID LYNCH

SPR-093509

 

FINAL DISTRIBUTION

TENTATIVE RULING: All previously identified defects have been cured except Petitioner has not provided proof of Notice to the Franchise Tax Board in compliance with Probate Code section 9202. Matter is continued to October 22, 2021 at 9:30 a.m. in Department 18 for Petitioner to address deficiencies in the filings; Please refer to the Probate Examiner Notes posted in the case file.  If notice was provided, proof may be filed prior to the hearing and the Court will approve the petition.

 

4.  ELZI, C.

ESTATE OF

DAMA-LINDA COOK

SPR-094702

 

FINAL DISTRIBUTION

TENTATIVE RULING: Matter is continued to October 22, 2021 at 9:30 a.m. in Department 18 for Petitioner to address deficiencies in the filings; Please refer to the Probate Examiner Notes posted in the case file.  If notice was given to the Victim’s Compensation Claims Board (or is not required), proof may be filed prior to the hearing and the petition will be approved.  The Court accepts the structure of promissory notes for the specific bequests, in light of the fact they are secured by a lien on the real properties.

 

 

 

5.  JOHNSTON, R.

ESTATE OF

CRAIG JAMES FOLEY

SPR-094710

 

ACCOUNT & REPORT

TENTATIVE RULING: Approved. Any future Case Management Conference dates are dropped from calendar.

 

 

6.  JACOBS, K.

ESTATE OF

DANIEL HOLTMAN

SPR-094712

 

FINAL DISTRIBUTION

TENTATIVE RULING: Approved. Any future Case Management Conference dates are dropped from calendar.

 

 

 

7.  VALLUZZO, A.

ESTATE OF

WILLIAM HOWLETT

SPR-094890

 

FINAL DISTRIBUTION

TENTATIVE RULING: Approved. Any future Case Management Conference dates are dropped from calendar.

 

 

8.  BERRY, M.

ESTATE OF WILLIAM MATZ

SPR-095010

 

FINAL DISTRIBUTION

TENTATIVE RULING: Approved. Any future Case Management Conference dates are dropped from calendar.

 

 

9.  KETRON, B.

ESTATE OF

DIANNA LYN EDMONDSON

SPR-095375

 

FINAL DISTRIBUTION

TENTATIVE RULING: Approved. Any future Case Management Conference dates are dropped from calendar.

 

 

10, 11.  PASSALACQUA, J.

             MACIEL, M.

ESTATE OF LEILANI MAJOR

SPR-095652

 

SPOUSAL PROP PETITION

LETTERS OF ADMIN

TENTATIVE RULING: Matter is continued to October 22, 2021 at 9:30 a.m. in Department 18 for Petitioner to address deficiencies in the filings of the Spousal Property Petition; Please refer to the Probate Examiner Notes posted in the case file. Pending Petition for Administration is also continued to October 22, 2021 at 9:30 a.m. in Department 18.  As objections have been filed to the Spousal Property Petition, pursuant to local rule 6.2 (G)(2), the parties are directed to meet and confer and make a reasonable and 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 continued hearing date. Local Rule 6.2 G.3.

 

 

 

12.  STUART, G.

ESTATE OF

PATRICIA MALONE

SPR-095690

 

PROBATE OF WILL

TENTATIVE RULING: Despite two continuances, Petitioner has still failed to file the original 2010 will or file a Petition for Probate of Lost Will with a Declaration stating why the presumption under Probate Code 6124 does not apply.  The Petition is Dismissed.

 

 

 

13.  LEVIN, J.

ESTATE OF RUTH SCOTTO

SPR-095901

 

PROBATE OF WILL

TENTATIVE RULING: Matter is continued to October 22, 2021 at 9:30 a.m. in Department 18 for Petitioner to address deficiencies in the filings; Please refer to the Probate Examiner Notes posted in the case file.  If proof of publication is filed prior to the hearing, and no objections are raised, the Court will approve the petition but require bond as stated in the probate examiner notes.

 

 

14.  GARDNER, L.

ESTATE OF

PAMELA LAHEY HAGEN

SPR-095930

 

LETTERS OF ADMIN

TENTATIVE RULING: The petition is approved. Bond is set at $320,000.  Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.

 

The matter is set on the March 16, 2023 probate case management conference calendar at

3:00 p.m. in Department 18 for status of estate or final account and distribution.  No appearances at the hearing will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.

 

[The department in which the matter will be heard is subject to change and may be re-noticed.]

 

 

 

   
*This is the end of these Tentative Rulings*
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