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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

Honorable Elliot L. Daum for Honorable Jennifer V. Dollard
July 26, 2024, at 9:30 a.m.

  1. Matter of Robert James Stitt Trust
    24PR00352
    Petition for Order Confirming Trust Assets

Tentative Ruling: The petition is GRANTED. The court will sign the proposed order submitted April 12, 2024.

 

  1. Matter of Debra Sweeney Trust
    24PR00373
    Petition for Instruction on an Irrevocable Trust

Tentative Ruling: On May 2, 2024, the petitioner filed a dismissal without prejudice as to this entire action. This matter is dropped from calendar.

 

  1. Matter of Roger and Deanna Sanborn Joint Living Trust
    24PR00402
    Petition for Request for Duty to Account, Request for Mediation

Tentative Ruling: This matter is CONTINUED to November 8, 2024, at 9:30 a.m. in Dept. 23 for the reasons set forth below.

As this is a petition regarding the internal affairs of a trust brought pursuant to California Probate Code §17200, all beneficiaries and all trustees are entitled to notice of this proceeding. California Probate Code §17203. The petitioner has failed to serve trust beneficiaries Deanna Sanborn and Sandra Ryan with the notice of this proceeding. The petitioner is required to serve timely, code-compliant notice of the continued hearing date upon Deanna Sanborn and Sandra Ryan and file proof(s) of service in advance of the continued hearing date.

Pursuant to California Probate Code §1021(a)(1) a petition filed pursuant to the California Probate Code must be verified. Sarah Sanborn has failed to properly verify the petition. The jurat does not indicate the place of signing, nor does it sate “under the laws of the State of California.” California Code of Civil Procedure §2015.5. Substantial compliance with the statute is insufficient.  See Kulshrestha v. First Union Commercial Corp., (2004) 33 Cal.4th 601. The petition must be verified before the Court will proceed.

Pursuant to California Rules of Court (“CRC”) Rule 7.102, the title of each pleading and of each proposed order must clearly and completely identify the nature of the relief sought or granted. The title of the petition indicates that it requests an accounting and mediation, and nothing further. Therefore, to the extent the petition seeks other relief, the title of the pleading is defective, and the Court does not consider those other issues to be properly before the Court.

As this is now a contested matter, the parties are ORDERED to meet and confer in compliance with local rule 6.2.F.2 and file statements of issues in compliance with local rule 6.2.F.3 at least seven (7) court days in advance of the continued hearing date.

The Court directs the petitioner’s attention to Sonoma County Local Rule 6.8.A, which requires all petitions filed pursuant to Division 9 of the Probate Code to include a copy of the entire trust instrument(s) relevant to the action, etc. While the Court has referred to a copy of the trust attached to the opposition, the petitioner should ensure that any future filings comply with this rule.

 

  1. Matter of Raymond Nizibian and Mildred Louise Nizibian Trust
    24PR00404
    Petition for Order Confirming Trust Assets

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

 

  1.  Matter of the Anderson Family Trust
    SPR094893
    Status of Trust Accounting

Tentative Ruling: This matter is CONTINUED to October 25, 2024, at 9:30 a.m. in Dept. 23 for status of the second accounting. If the second account and report has been filed, appearances may or may not be required.

 

  1. Matter of the Henry J. LaFranchi Trust dated February 21, 1991
    SPR097112
    Petition for: (1) Removal and Surcharge of Trustee; (2) Suspension of Trustee's Powers Pending Removal; (3) Appointment of Successor Trustee; And (4) Compelling Trustee to Account

Tentative Ruling: APPEARANCES REQUIRED. The Court is inclined to set this matter for trial. Counsel for the parties should be prepared to discuss trial availability and estimates for length of trial.

The Court does not order suspension of Trustee Cheryl LaFranchi at this time.

 

  1. Matter of the Gunter M. Klug Revocable Trust
    SPR097937
    Petition to Determine Heirship

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order submitted April 26, 2024.

 

  1. Matter of the Ranch Trust
    SPR098012
    Petition for: (1) Removal and Surcharge of Trustee; (2) Suspension of Trustee's Powers Pending Removal; (3) Appointment of Successor Trustee; And (4) Compelling Trustee to Account

Tentative Ruling: APPEARANCES REQUIRED. The Court is inclined to set this matter for trial. Counsel for the parties should be prepared to discuss trial availability and estimates for length of trial.

The Court does not order suspension of Trustee Cheryl LaFranchi at this time. 

 

***End of Tentative Rulings***

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