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Conservatorships

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:

  • Access the Portal
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To Join Department 23 “Zoom” Online

To Join Department 23 “Zoom” By Phone:

  • Call: +1 669-254-5252 US (San Jose) and enter the same meeting ID and password as listed above.

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.
  • 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.

Tentative Rulings

Honorable Elliot L. Daum for Honorable Jennifer V. Dollard
July 26,  2024 at 9:30 a.m.

  1. Conservatorship of Eric Daniel Stein
    24PR00347

    Appointment of Conservator

Tentative Ruling: CONTINUED to August 16, 2024, at 9:30 a.m. in Department 23. A statement of issues has been filed by conservator requesting more time to obtain a capacity declaration.

 

  1. Conservatorship of Roxanne Johnson
    SPR78053

    Appointment of Co-Conservator

Tentative Ruling: CONTINUED to September 6, 2024, at 9:30 a.m.

After reviewing petitioner’s Declaration filed on July 16, 2024, and the updated Capacity Declaration filed on July 18, 2024, the Court questions the need for a conservatorship, as the conservatee now appears to have capacity.

The petitioner is directed to file a verified declaration no later than August 23, 2024, stating whether a Conservatorship of the Person is still warranted and needed, considering the updated capacity declaration.

The court appointed counsel for the conservatee is directed to meet with the conservatee and file a report by August 30, 2024, indicating whether conservatorship of the person is still warranted.

 

  1. Conservatorship of Brenda Lee Peterman
    SPR089568

    Review

Tentative Ruling: In light of the recent filing of a petition to terminate the conservatorship, this hearing is DROPPED from calendar.

 

  1. Conservatorship of Vanessa Bardella
    SPR095412

    Account & Report

Tentative Ruling: The second account and report is APPROVED. Attorney’s fees and costs are approved in the amount prayed.

Bond is decreased to $701,000.00.

The matter is SET for review on Thursday, July 30, 2026, at 3:00 p.m. in Department 11 for status of accounting. If the third account and report has been filed, no appearance shall be required.

 

  1. Conservatorship of Cynthia White
    SPR097284

    Account & Report

Tentative Ruling: CONTINUED to September 6, 2024, at 9:30 a.m. in Department 23, to allow for sufficient time for notice, as Petitioner served the Corrected Inventory and Appraisal, Amended Account and Report, and Notice of Filing Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property on July 19, 2024.

***End of Tentative Rulings***  

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