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Estates & Other Probate

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:

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To Join Department 23 “Zoom” Online

To Join Department 23 “Zoom” By Phone:

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Guide for Participating in Court Proceedings via Zoom for Dept 23:

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Tentative Rulings

Hon. Rene A. Chouteau for Hon. Jennifer V. Dollard
Wednesday, September 20, 2023 at 9:30 a.m.

  1. Estate of Karen Elaine Bistline
    SPR-095441
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. The matter is set on the February 1, 2024, probate case management conference calendar at 3:00 p.m. in

Department 23 for executor to file proof of payment of the creditor’s claim filed by the Department of Health Services. If executor has filed proof prior to the hearing, no appearances will be required at the hearing and the matter will be dropped.

 

  1. Estate of Peter Lorenz Bertagnolli
    SPR-096097
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Michale William Bistline
    SPR-096314
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Bridgette Kay Jackson
    SPR-096525
    Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are DROPPED from calendar.

 

  1. Estate of Irene Quirolo
    SPR-096863
    Probate of Will and Administration WWA

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 20, 2023, at 9:30 a.m. in Department 23 for Petitioner to file Proof of Publication that includes a request to admit the decedent’s will to probate.

 

  1. Estate of Tom Moreno
    SPR-096991
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar. Petitioner is to submit a new proposed order that includes a list of the property to be distributed including a description and APN for any real property being distributed.

 

  1. Estate of George Francis Cant
    SPR-097172
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Any future Case Management Conference dates are dropped from calendar.

 

  1. Estate of Ramona Louise Crinella
    SPR-097852
    Letters of Administration

Tentative Ruling: This matter is CONTINUED to October 27, 2023, at 9:30 a.m. in Department 23. As objections have been filed, pursuant to local rule 6.2 (F)(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 F.3.

Petitioner Karl Walburg is directed to review the Examiner Notes posted in the case file to review filing deficiencies including lack of proof of publication.

 

  1. Estate of Marilyn Eileen Mazza
    SPR-097864
    Letters of Administration

Tentative Ruling: At the October 11, 2023, hearing the Court ordered that any objections or competing Petitions from Marsan Mazza Gomez must be filed no later than August 30, 2023. As no objections or competing Petitions have been filed by 8/30/23, the objections of Marsan Mazza Gomez are deemed waived.

The Petition for Administration filed by Mona McNulty is APPROVED.  NO APPEARANCES REQUIRED.  No bond is required as all heirs have waived bond. 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 January 9, 2025, probate case management conference calendar at 3:00 p.m. in Department 23 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.

 

  1. Estate of Richard Raymond
    SPR-097977
    Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 20, 2023, at 9:30 a.m. in Department 23 for Petitioner to serve all trust beneficiaries per Probate Code Section 13655 (a)(2). If all trust beneficiaries have been served as parties also named in the will, Petitioner may request appearances at the hearing and inform the Court. If all parties have been served, the Court is inclined to grant the Petition.

 

  1. Estate of Daniel Lewis Laskoski
    SPR-097980
    Determine Succession to Real Property

Tentative Ruling: The Petition does not include a request for real property under Probate Codes section 13151. The Petition is DENIED without prejudice.

 

  1. Estate of Robert Paul Plimley
    SPR-097983
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 20, 2023, at 9:30 a.m. in Department 23.  Please refer to the Probate Examiner Notes posted in the case file.

 

  1. Estate of Bette Krause Spagel
    SPR-097989
    Probate of Will

Tentative Ruling: APPROVED.  NO APPEARANCES REQUIRED.  No bond is required as the will waives bond. 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 January 9, 2025, probate case management conference calendar at 3:00 p.m. in Department 23 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.

 

  1. Estate of Theodore Joseph Williams
    SPR-097991
    Letters of Administration

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to October 20, 2023, at 9:30 a.m. in Department 23.  Please refer to the Probate Examiner Notes posted in the case file.

 

  1. Estate of Brian Albert Berberet
    SPR-097992
    Probate of Will

Tentative Ruling: The Court has received and reviewed the declaration of counsel filed September 15, 2023.  The Court treats the declaration as a supplement to the petition.  CRC Rule 7.3(5).  However, such a supplement “…must be signed and verified by one of the persons who were required to sign and verify the pleading that is supplemented.”  CRC Rule 7.104(b)(1).  The Court does not find that the exception in that section applies as there is no basis to conclude the attorney has personal knowledge of the facts stated.  (Evidence Code section 702).   This matter is CONTINUED to October 20, 2023, at 9:30 a.m. in Department 23 to allow Petitioner time to cure the defect.

The Court also notes that the amended Notice of Hearing filed 9/14/23 was served less than 15 days prior to the present hearing and that the Proof of Publication does not include a request for IAEA authority.

 

  1. Estate of John Cervantes
    SPR-09793
    Probate of Will

Tentative Ruling: The Court has received and reviewed the declaration of counsel filed September 15, 2023.  The Court treats the declaration as a supplement to the petition.  CRC Rule 7.3(5).  However, such a supplement “…must be signed and verified by one of the persons who were required to sign and verify the pleading that is supplemented.”  CRC Rule 7.104(b)(1).  The Court does not find that the exception in that section applies as there is no basis to conclude the attorney has personal knowledge of the facts stated.  (Evidence Code section 702).  If counsel can obtain Petitioner’s signature on a supplement prior to the hearing, they should request to appear for the purpose of presenting it to the Court. Otherwise, this matter is CONTINUED to October 20, 2023, at 9:30 a.m. in Department 23 to allow Petitioner time to cure the defect.

Petitioner is also to complete proper Proof of Service that includes a file stamped proof of service portion of the Notice.

 

**End of Tentative Rulings**

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