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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

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.

Tentative Rulings

Honorable Jennifer V. Dollard
July 03, 2025, at 3:00 p.m. 

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

Tentative Ruling: On June 20, 2025, Nancy Thornhill filed a response to this motion indicating the parties have been working towards a global resolution of this matter and are guardedly optimistic that a global resolution can be achieved. The response suggests that this motion be continued to allow additional time for negotiations and finalization of the settlement. No one has replied to the response, nor has any other status update been filed. Given the circumstances, this hearing is CONTINUED to September 4, 2025, at 3:00 p.m. in Dept. 12.

 

  1. Estate of Carole A Yox
    25PR00252
    Heather Martindale’s Motion for Leave to Supplement Objection Pursuant to CCP §473

Tentative Ruling: DISCLOSURE: The Court discloses that its former courtroom clerk, Avery Roux, left her employment with the court in May 2025 and became employed by the firm of Spaulding McCullough & Tansil as a law clerk.  While the Court makes this disclosure, it finds no basis on which to recuse.  If any party wishes to be heard, or to request more information on the disclosure, they should request to appear for that purpose.

The motion is GRANTED. However, the Supplemental Statement Regarding Residuary Clause and 4131 Heather Road, Long Beach, CA is not verified. See California Rule of Court (CRC), Rule 7.103(b) (“…All pleadings filed in proceedings under the Probate Code must be verified. …”).  The movant is ordered to file both of the supplemental documents separately and to file a verified version of the Supplemental Statement Regarding Residuary Clause and 4131 Heather Road, Long Beach, CA. Moving party shall lodge an updated proposed order that conforms to this ruling.  The ruling granting leave to amend will not be effective until such order is signed.

 

  1. Estate of Carole A Yox
    25PR00252
    Heidi Yox Padilla’s Motion for Leave to Supplement Objection Pursuant to CCP §473

Tentative Ruling: DISCLOSURE: The Court discloses that its former courtroom clerk, Avery Roux, left her employment with the court in May 2025 and became employed by the firm of Spaulding McCullough & Tansil as a law clerk.  While the Court makes this disclosure, it finds no basis on which to recuse.  If any party wishes to be heard, or to request more information on the disclosure, they should request to appear for that purpose.

This motion is CONTINUED to July 31, 2025, at 3:00 p.m. in Dept. 12.  The motion at page 3 lines 22-24 cites to a non-existent case (“Estate of Heil (2016) 2 Cal.App.5th 821” does not exist.) By citing this non-existent case, the movant has violated California Code of Civil Procedure (CCP) §128.7(b)(2). On its own motion, the Court directs the party to show cause why she has not violated CCP §128.7(b)(2) unless, within 21 days of service of this order to show case, the challenged contention is withdrawn or appropriately corrected.  Among the sanctions the Court will consider imposing are an order striking the motion and/or requiring a declaration under penalty of perjury to be filed with each document in the future that the party has checked any legal citations herself and confirmed they are accurate.  If the issue persists, the Court will consider whether the allow the party to continue to represent herself.

 

***End of Tentative Rulings***

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