Probate Tentative Rulings for Friday

Probate Tentative Rulings

Department 28-Courtroom 2F

Hon. George A. Miram

October 17, 2014

If a court appearance is required and the court has given the parties permission to appear telephonically at a hearing, parties can make arrangements to do so by contacting CourtCall, an independent vendor.  Parties must contact CourtCall at (888) 882-6878 no later than 4:30 p.m. on the court day prior to the hearing.

Approved – Non-Appearance

Appearance Required

Continued or Dropped Matters

 

Case No

Case Name

Case No

Case Name

Court Call OK?

Case No

Case Name

 

113912

Conservatorship of Sarmento

120724

Estate of Martinez

Motion to Clarify Summary Judgment Order//**Appear for trial setting on objections.

Yes

049315

Conservatorship of Allen

Continued to 12-12-14

 

115769

Conservatorship of Gerald

122577

Whittelsey Trust

Summary Judgment on Petition to Modify;  Summary Judgment on Petition to Reform//**Appear on both Summary Judgment motions.

Yes

121222

Solari Trust

Continued to 11-7-14

116343

Conservatorship of Filman

123107

Estate of Savage

Trial Setting, Motion to Compel Discovery//**Appear.

Yes

121975

Conservatorship of Weinrichter

Off Calendar

 

122523

Guardianship of Fitzgerald

123140

Sturgeon Trust

Petition for Compensation//**Any potential conflict issue has been resolved by settlement and subsequent dismissal of the action. The total amount of compensation requested is not excessive given the work performed and the settlement that was achieved from which the beneficiary Maureen Sturgeon  has clearly benefited.  The objections are overruled and the fee petitions are granted.

Yes

122380

Guardianship of Araquistain

Continued to 11-10-14

 

124391

Estate of Wyatt

124271

Estate of Levy

Petition for Final Distribution//**DENIED.  Probate Code 2645(b) prohibits dual compensation unless approved by the court in advance.  Such approval has not been requested or approved.  Ordinary services are compensated by the administrator’s compensation.  The artifice of paying fees to a law firm for services provided by the administrator does not change the fact that the Administrator’s work can only be compensated by administrator fees.  The administrator is not entitled to extraordinary attorneys’ fees in addition to the administrator’s fee. Nothing in the supplemental briefing changes the legal analysis.

Yes

124462

Guardianship of Siems

Continued to 12-19-14

 

124830

Donnelly Trust

 

124686

Huntington v. Gardella

Elder Abuse TRO//*Appear.

No

124673

Conservatorship of Vann

Continued to 11-14-14

 

 

 

124809

Darmogray v. Cruz-Martinez

Elder Abuse TRO//*Appear.

No

124776

Conservatorship of Solari

Continued to 11-7-14

 

 

 

124837

Stevenson Trust 

Petition to Remove Co-Trustee//An objection to the Petition has been filed 10-15-14. Petitioner is ordered to file a response to the objection by 11-14-14 and the matter is continued for hearing to 11-21-14.

 

Yes.

 

 

 

 

 

 

*Appearance Ordered , Failure to Appear may cause Petition to be Denied or Opposition Stricken

 

 

 

 

 

 

 

**Appearance Optional, However, failure to appear will be viewed as waiver of oral argument and the court may issue an order that differs from the tentative ruling based on argument presented by those who attend, or based on further consideration of the papers. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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