Probate Law & Motion

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 63 “Zoom” Online

To Join Department 63 “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 63:

  • 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

September 10, 2026, at 3:00 p.m.  

  1. Matter of Salada Living Trust
    24PR00973
    Demurrer

Tentative Ruling:  NO APPEARANCES REQUIRED.  Petitioner filed a notice of conditional settlement of the entire case on September 1, 2026. Upon the filing of a conditional notice of settlement, hearings are vacated. See Cal. Rule of Court, Rule 3.1385(c)(3). Accordingly, the demurrer is DROPPED from calendar and the future hearing on November 13, 2026 at 9:30 is VACATED.

Matter is SET on the case management conference calendar on November 12, 2026 at 3:00 p.m. in Dept. 63 for status of settlement.  If a dismissal or judgment has been filed prior to the hearing, no appearances will be required and the matter will be dropped from calendar.

 

  1. Matter of the Josephine M. Bustamente Trust
    25PR01491
    Appointment of Guardian ad Litem

Tentative Ruling: NO APPEARANCES REQUIRED.  The Court appoints Jacqueline Ocaña as Guardian ad Litem for settlor Josephine M. Bustamente, pursuant to the Court’s Notice of Court’s Own Motion to Appoint a Guardian Ad Litem for Settlor in Response to Receipt of Ex Parte Correspondence, filed August 10, 2026, Probate Code section 1003 and Code of Civil Procedure section 372.  The Guardian ad Litem’s role is limited to protecting the settlor’s interests in this litigation.  The reasonable expenses of the Guardian ad Litem, including compensation and attorney’s fees, shall be determined by the Court and paid as the Court orders.  This minute order shall constitute the order of the Court.  Petitioner is directed to serve a copy of the minutes on the Guardian ad Litem.

 

  1. Estate of Mark Scott Freeman
    25PR01503
    Motion to Compel Deposition

Tentative Ruling: NO APPEARANCES REQUIRED.  On August 28, 2026, the Court ordered the matter stayed regarding Casey’s “Petition for Order Authorizing Surviving Spouse to Remain in Possession of Family Dwelling Pending Hearing on Homestead Set-Aside and Spousal Property Petition,” filed July 2, 2026, pending resolution of the annulment action in 25FL01284.  The Court made that order after the parties had briefed this motion. 

The moving papers here indicate that the deposition’s purpose is to explore the claims made in the July 2, 2026 petition.  This means that the issues which the deposition appears intended to address are stayed.  The Court therefore finds that the proceedings involving this deposition are stayed and, as a result, the Court orders the deposition itself, and enforcement of this order compelling deposition, to be stayed.  Nonetheless, in the interests of justice and judicial economy and efficiency for the Court and the parties, the Court also finds it appropriate at this time to make a determination on the merits of this motion.  The motion to compel Casey Ann Campbell Freeman’s deposition is GRANTED.  Once the annulment action has been resolved and the Court subsequently lifts the stay on the July 2, 2026 petition, depending on the outcome and whether the relevant proceedings here are rendered moot, this order will immediately become enforceable.  Casey Ann Campbell Freeman shall then appear for deposition at a date, time, and location agreed upon by counsel, or, absent agreement, on a date designated by Petitioners that is no fewer than ten (10) days after service of notice of the deposition issued after the lifting of the stay.

The prevailing party shall prepare and serve a proposed order consistent with this tentative ruling.

 

***End of Tentative Ruling***