Probate Law & Motion

Court Call is not permitted for this calendar.

Advisements

If the tentative ruling is accepted, no appearance by Zoom 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

• Navigate to website: https://sonomacourt-org.zoomgov.com/j/1603772262
• Enter Meeting ID: 160 377 2262
• And Password: 419097

To Join Department 12 “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 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.

1. Matter of the Robert L. Herrick and Ann M. Herrick Family Trust
   SPR097669
   Motion to Compel Mediation

Tentative Ruling: As the parties have agreed to participate in the Court’s Probate Settlement Conference Program, the Court is not inclined to order mediation before the parties have had an adequate opportunity to participate in the settlement conference. Therefore, the hearing on this motion is CONTINUED to July 3, 2025 at 3:00 p.m. in Dept. 12. All deadlines for service and filing of papers related to this motion will be measured from that date. Michael Herrick’s April 25, 2024 filed petition for breach of trust, etc. will trail the motion to compel mediation.

The motion is not rendered moot by the Court’s Order of Referral to Court’s Probate Settlement Conference Program. Where a probate court orders the parties to mediation, and parties receive notice of a mediation but choose not to participate, the non-participating parties forfeit their rights to contest the agreement reached as a result of the mediation, and also forfeit their right to an evidentiary hearing on the underlying issues. Breslin v. Breslin (2021) 62 Cal.App.5th 801, 806–807. The referral order merely gives the parties an option to participate in the settlement conference program.  It does not have the same effect as an order to mediate made pursuant to Breslin. Also, should the settlement conference not occur or not be successful, a formal mediation may still be desired by the movant, so the motion may remain necessary.

2. Estate of James Craig Allen
   SPR089966
   Motion to be Relieved as Counsel; Order to Show Cause Re: Dismissal

Tentative Ruling: No proof of service of the moving papers has been filed. This motion to be relieved as counsel is CONTINUED to May 15, 2025, at 3:00 p.m. in Dept. 12 to allow the petitioner an opportunity to timely serve the moving papers and file proof of service. The Order to Show Cause Re: Dismissal will continue to trail the motion to be relived as counsel.
 

***End of Tentative Rulings***