Probate Tentative Rulings for Friday

Probate Tentative Rulings

Department 28-Courtroom 2F

Hon. George A. Miram

January 23, 2015

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

 

107523

Guardianship of McWhirter

119790

Estate of Macario

Confirmation of Sale of Real Property//*DENIED.  The petition is defective in several ways.  First, a deposit was not required in violation of Local Rule 4.45(F), second, the commission requested exceeds the maximum allowed by Rule 4.46, third, no appraisal within one year of sale is provided, fourth, the petition states bond is not required but the bond was set at zero because assets were unknown, it should be at least the sales price of $650,000.

No

125016

Guardianship of Havili

Off Calendar-Withdrawn

 

118515

Conservatorship of Mazzera

124457

Conservatorship of Fenech

Compliance Hearing, Status of General Plan//* Appear.  If no appearance, the matter will be set for an OSC as to why the conservator should not be removed for failure to file a General Plan as required by the court’s 6-9-14 order.

No

125166

Guardianship of Smith

Continujed to 2-10-15

120338

Guardianship of Majocha

124738

Hoo Trust

Compel Sale of Property, Account, Petition for Relief from Breach of Trust, Surcharge//**The Petition to Compel Sale is DENIED as moot without prejudice to the right of any beneficiary to bring a petition for partition by sale.  The Petition for relief from breach of trust and surcharge of the trustee is continued for ADR and trial setting to February 20, 2015.

Yes

 

 

 

122452

Estate of Wagstaffe

125126

Guardianship of Davis-Jones

Appointment//*Appear.

No

 

 

 

125043

Estate of Chandler

125127

Guardianship of Davis-Duff

Appointment//*Appear.

No

 

 

 

125212

Estate of Newberry

125173

Guardianship of Ramos

Appointment//*Appear.

No

 

 

 

125215

Estate of Grier

 

 

 

 

 

 

125219

Estate of Arruda

Either original will must be lodged, or copy with proof of will and lost will declaration.

 

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

 

 

 

 

125222

Estate of Patterson

Either original will must be lodged, or copy with proof of will and lost will declaration

 

**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. 

 

 

 

 

125228

Estate of Wickstrom

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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