Skip to main content.

Trusts

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 9:45 a.m. on the day of the hearing.  

To Join Department 23 “Zoom” Online

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.

Tentative Rulings

October 4, 2024, at 9:30 a.m.

  1. Matter of Gene P. Orro Trust
    24PR00288

Petition for Order Confirming Trust Asset as Belonging to Shalimar L. Martorano, Beneficiary

Tentative Ruling:  On September 20, 2024 the petitioner filed a dismissal of this petition without prejudice. The dismissal was entered by the clerk on the same day. Therefore, this matter is dropped from calendar.

 

  1. Matter of James E. Gimblett Trust
    24PR00484

Petition for (1) Instructions Regarding Interpretation of the Second Amendment to the Trust, and; (2) Authority to Sell Real Property

Tentative Ruling: This matter is CONTINUED to November 1, 2024, at 9:30 a.m. in Dept. 23, to be heard after the Motion to Change Venue is decided.
 

  1. Matter of Mary Fuller McChesney Trust
    24PR00715

Petition for Approval of Settlement Agreement

Tentative Ruling: Dennis Calabi, a trust beneficiary, is not served with the notice of hearing and a copy of the petition was required by California Probate Code §17203(a)(2). Therefore, this matter is CONTINUED to January 10, 2025, at 9:30 a.m. in Dept. 11. The petitioner is ordered to timely serve code compliant notice of the continued hearing date on all necessary parties.  Alternately, if the petitioner can obtain a waiver of notice from Dennis Calabi and file it prior to the hearing, the petitioner can request to appear and avoid the continuance.  In the absence of an objection, the Court would then approve the petition.

 

  1. Matter of Sylvia Ives Trust
    24PR00721

Petition for Order Confirming Assets in Trust

Tentative Ruling: The matter is CONTINUED to January 17, 2025 at 9:30 a.m. in Dept. 11. There is no proof of service of the notice of hearing and petition in the court’s file. The continuance is to allow the petitioner an opportunity to timely serve code-compliant notice of this hearing to all necessary parties and file proof(s) of service.

The Court also notes that the service list attached to the notice of hearing lists a “Harold Charles Ives.” No such person is listed as a beneficiary in the trust. “Howard Charles Ives” is a trust beneficiary but is not listed in the service list.  Both of the above deficiencies were listed in the probate examiner notes posted in the case on August 22, 2024.

5. Matter of Barry Wade Seidman Trust
24PR00722

Petition for Order Confirming Trust Asset and to Confirm Validity of Trust

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged July 30, 2024.

 

  1. Matter of Carey Timm 2020 Special Needs Trust
    SPR095579

Petition for Approval of the Second Account and Report; and to Pay Compensation to Trustee and Her Attorneys

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged June 20, 2024. The Court will replace “First Account” with “Second Account” in proposed order number two. 

The Probate Court’s review of this Special Needs Trust DOES NOT guarantee Medi-Cal eligibility or any other public benefits provided by any governmental entity. The Probate Court DOES NOT guarantee that all Federal and State requirement have been met.

  1. Matter of Eva V. Washington Trust
    SPR096062

Petition for Approval of Second Account and Report of Aprille Rafidison, Successor Trustee

Tentative Ruling: This matter is CONTINUED to November 15, 2024 at 9:30 a.m. in Department 23 for the reasons set forth below.

A seventy (70) page supplement was served on the opposing party on September 27, 2024 (a court holiday) and filed September 30, 2024, just four (4) days before the hearing and two (2) days before tentative rulings are posted.  The continuance is in part to allow the opposing party adequate time to review and, if necessary, oppose the supplement. Any opposition to the supplement shall be filed by November 1, 2024, or shall be deemed waived.  The Court also requires an opportunity to review the supplement, and any objection to matters raised therein.

The Court’s June 14, 2024, ruling required the parties to meet and confer in compliance with local rule 6.2.F.2 and file statements of issues at least seven (7) court days in advance of the hearing in compliance with local rule 6.2.F.3. No statements of issues have been timely filed. The parties are ordered to comply with local rules 6.2.F.2 and 6.2.F.3 in advance of the continued hearing date.

  1. Conservatorship of Maria Dolores Rodriguez
    SPR096077

Petition for Substituted Judgement to Liquidate Individual Retirement Account

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged July 29, 2024.

  1. Matter of the Joseph E. Paul and Elizabeth A. Paul Trust
    SPR096508

Petition for: (1) Settlement, Allowance and Approval of Second Account and Report, (2) Approval of Proposed Distributions and Purchase, (3) Confirmation and Approval of Trustee’s Acts, Transactions and Proceedings, (4) Determination that a Beneficiary’s Conduct Was in Bad Faith, (5) Instructions to Charge Costs Incurred from the Bad Faith Conduct to that Beneficiary’s Share, (6) Instructions to Reimburse the Trustee, (7) Confirmation and Approval of Prior Distributions, (8) Enforcement of Liens, (9) Compensation of Trustee, and (10) Approval of Proposed Purchase of Tangible Personal Property.

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged June 12, 2024.

  1. Matter of the Jackson Family Living Trust dated June 13, 2016
    SPR096884

Petition to Remove Trustee and Appoint Professional Fiduciary to Administer Trust; Alternatively, to Compel Trustee to Provide Accounting and Distribute Trust Assets Pursuant to Terms of Trust; Request for Attorney's Fees and Costs

Tentative Ruling: The petition is GRANTED as stated below.    

As to proposed orders 1, 2, and 3, the petition is GRANTED. Delette Ziegelmann Jackson is immediately removed as trustee. Heidi Darling is appointed as sole successor trustee. Delette Ziegelmann Jackson is ordered to immediately turn over all trust documents and other property to Ms. Darling. Ms. Darling is authorized to make a distribution to the petitioner, in accordance with the trust terms and her fiduciary duties, once she determines she can do so and still administer the trust appropriately.

As to proposed order 4, it is GRANTED as to costs only at this time. The petitioner shall be entitled to recover costs associated with the petition in an amount to be determined pursuant to a memorandum of costs filed with the court and subject to a motion to tax.  Any request for attorney fees will be determined at a later time and must be by noticed motion and include the authority for an award, as well as support for the amount requested.

The requested proposed order 5 is GRANTED. 

John A. Loveman, Esq. is ordered to lodge an updated proposed order that conforms to this ruling.
 

***End of Tentative Rulings***

Was this helpful?

Yes No
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
Was this helpful?