Probate Law & Motion/LPS Weapon Retention

PLEASE NOTE:  Masks need not be worn in the courthouse if you are fully vaccinated.

Persons are considered vaccinated two weeks after the final dose in a primary series of vaccinations.

All unvaccinated persons entering any Sonoma County Superior Courthouse, including any remote jury selection location, shall wear a face covering at all times compliant with all California State Health Orders and CAL/OSHA standards which must completely cover both the nose and mouth. 

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 23 “Zoom” Online

• Navigate to website: https://us02web.zoom.us/j/85441142253?pwd=L2Vocnhwb3lKU01QbjV1bXVpdnJlZz09
• Enter Meeting ID: 160 825 4529
• And Password: 611386

To Join Department 23 “Zoom” By Phone:

• Call: +1 669 900 6833 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.

1. Matter of Williams Family Trust Dated April 17, 2007
   SPR097068

Motion For Order Declaring Expert Witness Information Was Timely Served Or To Allow Submission of Tardy Expert Witness Information

Tentative Ruling: The motion is GRANTED on the condition set forth below.

The motion is granted pursuant to California Code of Civil Procedure (“CCP”) §2034.710. While the moving party’s expert witness disclosure was served after the date specified in his own demand to exchange expert witness information, the correct statutory deadline for service of the expert witness disclosure was August 24, 2023. Therefore, the disclosures, served August 18, 2023, were served prior to the correct statutory deadline, and thus the Court finds good cause to grant the motion pursuant to CCP §2034.710.

The Court does not impose sanctions under CCP §2034.730 against Respondents because the Court finds they opposed the motion with substantial justification, as the opposition asserts the important point that Respondents have not had a reasonable opportunity to depose the expert witness.

The Court therefore conditions this order on the Petitioner producing the expert for deposition within seven (7) days of the hearing, or, but only if requested by Respondents, a later date. 

This ruling does not address any of the other requests for relief raised in the opposition, such as a continuance of trial, re-opening discovery, or bifurcation of issues at trial.

***End of Tentative Rulings***