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



Conservatorship of B. Donellan


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



Conservatorship of Eidson

Continued to 10-1-14



Conservatorship of S. Donellan


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.



Estate of Martin

Continued to 9-24-14


Estate of Sanchez


Conservatorship of Foster

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






Conservatorship of Mullin

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


Conservatorship of Villalobos

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






Conservatorship of Marshall


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.






Conservatorship of Barsanti


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






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. 






Estate of Degan



































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