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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:

  • Access the Portal
  • Accept the Terms
  • Choose Smart Search, insert your case number, and follow all instructions.

To Join Department 23 “Zoom” Online

To Join Department 23 “Zoom” By Phone:

  • Call: +1 669 254 5252 US (San Jose) and enter 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. Estate of Myra Fuller
    23PR00079
    Final Distribution

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

 

  1. Estate of Steven Harvego
    23PR00254
    Waiver of Account and Report

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

 

  1. Estate of James Fredrick Lycett
    24PR00410
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. 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 November 13, 2025, probate case management conference calendar at 3:00 p.m. in Department 11 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 Melanie Greenberg
    24PR00419
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. The Court may, in its discretion, require the personal representative to furnish a bond (CRC 7.201(b), Probate Code §8571.) As the personal representative is not a resident of California, bond is fixed in the amount of $100,000. 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 November 13, 2025, probate case management conference calendar at 3:00 p.m. in Department 11 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 Donna Joseph
    24PR00528
    Spousal Property Petition

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Roderick Buchignani
    24PR00535
    Probate of Will

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as 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 November 13, 2025, probate case management conference calendar at 3:00 p.m. in Department 11 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 Warren Toomey
    24PR00546
    Spousal Property Petition

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to September 13, 2024, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.

 

  1. Estate of Susan Patricia Shea
    24PR00558
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. No bond is required as sole heir 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 November 13, 2025, probate case management conference calendar at 3:00 p.m. in Department 11 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 Ronald Douglas Hardy
    24PR00560
    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 November 13, 2025, probate case management conference calendar at 3:00 p.m. in Department 11 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 Michael Angelo Salvato
    SPR85837
    Other

Tentative Ruling: NO APPEARANCES REQUIRED. The Petition to Terminate Probate is GRANTED. Any future Case Management dates are DROPPED from calendar.

 

  1. Estate of Gerald Stafford
    SPR097256
    Waiver of Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED.

 

  1. Estate of Susan Jane Kelley
    SPR096776
    Waiver of Account and Report

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

 

  1. Estate of Barbara Alander
    SPR097358
    Account and Report

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to September 13, 2024, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.

Petitioner is also to file a Declaration of Diligent Search for Richard Alander as well as cite legal authority allowing Richard’s Alander’s share to be distributed to the other parties should he not be located within five years.

 

14,15. Estate of Diana Elizabeth Barker
                SPR097556
                Status Report; Preliminary Distribution

Tentative Ruling: NO APPEARANCES REQUIRED. The Petitions for Order Approving Partial Payment of Statutory Administrator and Attorney’s Compensation, Order Approving and Settling First Account of Administrator and Order for Preliminary Distribution are GRANTED.

The matter is SET on the November 13, 2025, probate case management conference calendar at 3:00 p.m. in Department 11 for status of estate or final account and distribution.

 

16. Estate of Abigail Dawn Lybarger
        SPR097604
         Account and Report

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

 

  1. Estate of Gary Gerber
    SPR097940
    Account and Report

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. The Court notes that $435 in fees were waived for the filing of the final petition, but there are sufficient assets for the repayment of the Court fees. Petitioner is to submit a revised order that includes the repayment of the $435 in fees waived as well as the APN for the real property. Any future Case Management Conference dates are DROPPED from calendar.

 

***End of Tentative Rulings***

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