Probate Tentative Rulings for Friday

Probate Tentative Rulings

Department 44-Courtroom 2F

Hon. David Flinn

August 22, 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

 

118470

Conservatorship of B. Donellan

120979

Conservatorship of Alexander

Status of Final Account*//  The court is inclined to issue an Order that Conservator Edward Alexander appear on 9-29-14 and show cause why he should not be sanctioned $500 for failure to file a final account

No

122929

Conservatorship of Eidson

Continued to 10-1-14

 

118471

Conservatorship of S. Donellan

123196

Spaducci Trust

Interest in Property, Account, Objections, Motion to Compel, Trial Setting//**  The court is inclined to issue an order that the objections to the account are SUSTAINED and the account and petition to determine interest in property are continued to 10-15-14 for trial setting on the issue of surcharge.  Petitioners are ordered to file declarations establishing the exact monetary amounts they contend should be awarded as surcharge including principal, accrued interest and attorney’s fees.  Response by 9-26-14, Reply by 10-2-14.  The motion to compel is moot as all documents were produced, but sanctions of $4,534 are awarded and ordered paid from trustee’s personal funds within 15 days.

Yes

123410

Estate of Martin

Continued to 9-24-14

121175

Estate of Sanchez

124557

Conservatorship of Foster

Appointment//*  The Court is inclined to DENY the petition for appointment of Conservator.

No

 

 

 

122951

Conservatorship of Mullin

Dementia Petition to be filed in 90 days, status set for 12-3-14

124562

Conservatorship of Villalobos

Appointment//*  The Court is inclined to DENY the petition for appointment of Conservator.

No

 

 

 

123010

Conservatorship of Marshall

124655

Hoffman Trust

Petition for Instructions//** The court is inclined to GRANT the Petition for instructions as the beneficiary has an equitable interest in the trust, not the property owed by the trust.

Yes

 

 

 

123152

Conservatorship of Barsanti

 

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

 

 

 

 

124558

Estate of Snell

 

**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. 

 

 

 

 

124695

Estate of Degan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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