Probate Law & Motion

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://sonomacourt-org.zoomgov.com/j/1608254529
• Enter Meeting ID: 160 825 4529
• And Password: 611386

To Join Department 23 “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 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. Estate of Lynn Newton
   SPR097589
   Petition for Instructions to Executor Regarding Sale of Real Property

Tentative Ruling: The Court instructs the executor to sell the real property to Priscilla Robertson and Cynthia Lombardo. The estate is under no obligation to sell the real property to Christopher Fohner. Gualala Ranch Association is directed to provide the appropriate paperwork to the escrow officer in order to close the sale of the real property to Priscilla Robertson and Cynthia Lombardo. The Court will sign the proposed order lodged October 29, 2024 and include therein language consistent with this ruling.

The CC&Rs require any member wishing to exercise a first right of refusal to “deliver by mail or otherwise to the Secretary of the Association a written offer or offers to purchase said property.” CC&Rs section 3. An offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it. Donovan v. RRL Corp. (2001) 26 Cal.4th 261, as modified (Sept. 12, 2001). Christopher Fohner’s attempt to exercise the first right of refusal states, in pertinent part, “The main purpose of this letter is to serve as a description of intent to exercise the first right of refusal and intent to purchase the above mentioned property and is not affected as binding on either side.” The inclusion of this language detracts from an understanding that the seller can enter into an enforceable agreement by accepting the terms contained in the communication. Thus, the Court finds that no “offer,” as required by the terms of the CC&Rs, was made. Thus, the seller can proceed with sale to Priscilla Robertson and Cynthia Lombardo pursuant to section 3 of the CC&Rs.

***End Of Tentative Rulings***