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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

Hon. Jennifer V. Dollard
October 11, 2024 at 9:30 a.m.

  1. Estate of Genette B. Pretty
    24PR00138
    Waiver of Account & Report

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

 

  1. Estate of Susan Camp
    24PR00780
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to November 8, 2024, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.

 

  1. Estate of Eva Santos
    24PR00782
    Probate of Will

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to November 8, 2024, at 9:30 a.m. in Department 23. Please refer to the Probate Examiner Notes posted in the case file.

 

  1. Estate of Justin Patrick Madden
    24PR00738
    Letters of Administration

Tentative Ruling: 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 22, 2026, 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. Matter of John L. Lloyd
    24PR00788
    Other Hearing

Tentative Ruling:  Matter is CONTINUED to November 15, 2024, at 9:30 a.m. in Department 23 to allow petitioner an opportunity to address the below issues. 

  1. Exhibit D to the petition includes a statement that the power of attorney was signed, “after a medical doctor has deemed him to be incapacitated due to a diagnosis of dementia and unable to manage his financial affairs.”  No further information about this is provided in the petition, other than the attorney’s statement that he is satisfied his client had capacity at the time he executed the power of attorney.  The Court requires further information about the prior determination of incapacity (such as a copy of any capacity declaration or letter completed by any doctor and pertaining to Mr. Lloyd’s mental capacity).  Depending on what that information reveals, the Court may also require a current statement from an attending physician that Mr. Lloyd does not suffer from dementia and does have capacity to manage his financial affairs.  The Court is well aware of, and sympathetic to, the need to avoid the more cumbersome options such as a conservatorship when a loved one is facing the daunting diagnosis of dementia.  However, in some cases, they may have waited to long, if they no longer have capacity, to proceed down a less burdensome route.
  2. This petition seeks to compel a third party to undertake an affirmative act, yet it has only been served by mail.  As with a Probate Code section 850 petitions, and consistent with the due process requirements of notice and an opportunity to be heard, the law requires the petitioner to serve Merrill in the manner of a summons with notice of the time and place of the hearing along with a copy of the petition and all supporting papers at least 15 days before the hearing.  See Probate Code section 4544(b).  The Court orders petitioner to also serve a copy of this ruling.

     

 

  1. Estate of Jeanette A. MacDonald
    24PR00794
    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 22, 2026, 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 Veronica Contreras De Hernandez
    24PR00823
    Letters of Administration

Tentative Ruling: APPROVED. NO APPEARANCES REQUIRED. Bond is fixed at $350,000.00. 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 22, 2026, 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 James Henry Anderson
    24PR00829
    Letters of Administration

Tentative Ruling: 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 22, 2026, 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 Penelope Elaine La Montagne
    SPR091729
    Account & Report

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

 

  1. Estate of Rosemary Maki-Ramatici
    SPR096406
    Account and Report

Tentative Ruling: NO APPEARANCES REQUIRED.  APPROVED.  Counsel shall submit a revised proposed order that includes the distribution schedule starting on page 3 of the declaration of counsel filed 10/2/24.

 

  1. Estate of Betty Elaine Freeman
    SPR097544
    Waiver of Account & Report

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

 

  1. Estate of David Phillip Rearic
    SPR097603
    Waiver of Account & Report

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

 

  1. Estate of Rita M. Trujillo
    SPR-097956
    Waiver of Account & Report

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

 

***End of Tentative Rulings***

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