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Probate Case Management Conference Calendar

If the tentative ruling is accepted, no appearance is necessary unless otherwise indicated. You must notify the probate clerk at (707) 521-6893 if you wish to be heard in response to the tentative ruling. You must inform the clerk concerning your appearance choice: Zoom or in person. Any interested party who wishes to be heard in opposition to a petition must notify all other parties of the intent to appear. Both notifications must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing.

Unless notification to the probate clerk has been given as provided above, the tentative rulings shall become the rulings of the court at 3:15 p.m. on the day of the hearing.  

To Join Department 12 "Zoom" Online

To Join Department 12 "Zoom" by Phone

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

Guide for participating in court proceedings via Zoom for Department 12.

  • 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 
January 30, 2025 at 3:00 p.m. 

  1. Matter of Ben Edward McCutchan, Barbara Louise McCutchan Trust
    24PR00320
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED.  This matter is CONTINUED to February 27, 2025, at 3:00 p.m. in Department 12 to allow time for the completion of the transfer of the Contra Costa case to Sonoma County.  The parties are ordered to continue informal meet and confer efforts pursuant to local rule, particularly about practical methods for efficiently moving the case towards resolution.  The parties are specifically asked to consider the following:

1) As each petition in a probate action is equivalent to a separate civil action (and may have different burdens of proof, legal standards, etc.), is consolidation appropriate, as opposed to relating the matters?  The Court is inclined to order the cases related.

2) Should any issues be severed for trial first, such as the validity of the last trust amendment? Would this result in any economies or increase the possibility of successful settlement discussions?  Is a jury trial requested for an portion of the claims raised?

3)  Should the Court order the parties to mediation (ala Breslin) prior to their ability to demand an evidentiary hearing?  Should any such order to mediation occur before or after resolution of the validity of the last trust amendment?

4) Should a special administrator be appointed for the estate case with the limited ability to marshal assets and preserve them, or facilitate their transfer to the trust?  If the parties agree this is in everyone’s best interests, and they agree on who to appoint as special administrator, they may immediately seek such an appointment by drop-off ex parte application.  The Court would lift the stay on the estate case for this limited purpose.

5)  As there is presently no personal representative for the estate, what effect does this have on Barbara’s trust petition.  If Barbara’s trust petition is dismissed, what remedies or issues that need to be adjudicated are lost, if any?  If the parties agree dismissal is appropriate, authority to request dismissal may be included with any powers granted to a special administrator.

The Court’s preliminary view is that it is unlikely to consolidate all claims into a single evidentiary hearing.  And if new claims are raised, it is unlikely to fold those into any already set evidentiary hearing.  Statements of issues addressing the above items, and discussion of any other issues the parties believe is necessary, shall be filed no later than seven days prior to the hearing.

 

  1. Estate of Della Claire van der Plas
    24PR00554
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED.  Alice Fishler is appointed Guardian ad Litem.  Administrator’s petition is GRANTED and he is directed to submit an order after hearing consistent with this ruling.

 

  1. Marissa Mendoza Special Needs Trust
    SCV204322
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is DROPPED from calendar in light of the Ex Parte Order Terminating Special Needs Trust filed January 9, 2025.

 

  1. Conservatorship of Brenda Lee Peterman
    SPR089568
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED. Matter is DROPPED in light of the February 21, 2025, hearing on the Petition for Final Account.

 

  1. Estate of Mater of Harold Richardson Revocable Trust, dated June 16, 2006, as amended.
    SPR094267
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to April 17, 2025, at 3:00 p.m. in Dept. 12 for status of settlement negotiations. Parties are ordered to file statements of issues seven days prior to the hearing. If statements are not filed, appearances will be required to update the court on the status of the settlement.

 

  1. Mellinger Family Trust
    SPR095509
    Case Management Conference

Tentative Ruling: APPEARANCES REQUIRED for an update on informal resolution or further proceedings.

 

  1. Matter of Eva V. Washington Trust
    SPR096062
    Case Management Conference

Tentative Ruling: APPEARANCES REQUIRED.  The Court understands that the parties have agreed to have disputed issues resolved on the pleadings, rather than via an evidentiary hearing.  The parties should be prepared to identify the issues to be decided, and to set a briefing schedule and hearing date for oral argument. 

The Court also orders this case and case 24PR01029, the case transferred from Riverside County, related.

 

  1. Estate of Rebecca Jean Dustman
    SPR096132
    Case Management Conference

Tentative Ruling: APPEARANCES REQUIRED for status of final account and distribution.

 

  1. Estate of Gary Walter Peters
    SPR096512
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED.  Matter is CONTINUED to April 3, 2025, at 3:00 p.m. in Department 12 for status of Final Account and Distribution.

 

  1. Estate of Al Lee Fowler
    SPR096662
    Case Management Conference

Tentative Ruling: APPEARANCES REQUIRED for status of Inventory and Appraisal as well as Final Account and Distribution.

 

  1. Estate of Gregory H. Miller
    SPR097163
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED. The Case Management Conference set for January 30, 2025, was vacated by order of the court on December 20, 2024.

 

  1. Estate of John Russell Plunkett
    SPR097296
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED.  Matter is CONTINUED to April 3, 2025, at 3:00 p.m. in Department 12 for status of Final Account and Distribution.

 

  1. Estate of Lynn Newton
    SPR097589
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED. This matter is CONTINUED to the Probate Case Management Conference on May 1, 2025, at 3:00 p.m. in Dept. 12 for status of estate administration.

 

  1. Estate of Lucille Cristo Harrison
    SPR097822
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED.  Matter is CONTINUED to April 3, 2025, at 3:00 p.m. in Department 12 for status of Final Account and Distribution.

 

  1. Matter of the Norman A. Stuart, Jr. and Linda E. Stuart 2000 Trust dated February 1, 2000, as Amended and Restated
    SPR097912
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED.  The Court presumes more time is needed to effect the terms of the settlement.  Matter is CONTINUED to April 3, 2025, at 3:00 p.m. in Department 12 for status of settlement agreement or dismissal of case.

 

  1. Estate of Stephen Compagni Portis
    SPR097952
    Case Management Conference

Tentative Ruling: NO APPEARANCES REQUIRED. Matter is DROPPED in light of January 31, 2025, hearing on the Petition for Final Distribution.

 

***End of Tentative Rulings***

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