Probate Tentative Rulings for Friday

Probate Tentative Rulings

Department 28-Courtroom 2F

Hon. George A. Miram

November 21, 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

 

095986

Conservatorship of Knestrick

115212

Szanto Trust

Motion to Compel Depositions//**Appear.

Yes

119731

Conservatorship of Wickett

Off Calendar-Settled

 

103574

Conservatorship of Keiper

116953

116954

Bovet A Trust

Bovet B Trust

2 Petitions for Enforcement of Money Judgment, Fourth Account//**All matters arte continued to 4-24-15 for status hearing.  There is currently no California Judgment to enforce. And verified petition seeking such enforcement. The Court orders that no further distributions are to be made to Marc Bovet until the Orange County proceeding is completed.

Yes

124536

Russell Trust

Off Calendar-Settled

116315

Guardianship of Singewald

123010

Conservatorship of Marshall

Review, OSC, Account, Attorney Fees//**The OSC is discharged.  The objections are overruled in part.  Independent Counsel’s fees are approved.  Appear on the  Petition for compensation for the Trustee and Attorney for Trustee.    The account is approved. The Substituted Judgment petition as filed was unfounded and petitioner’s response suggests Ms. Gordon still does not understand the concern, however, the court accepts Independent Counsel’s observation that the petition was based upon deficient legal advice.

Yes

 

 

 

122762

Guardianship of Taufalele

123402

McCarthy Family Trust

Account, Surcharge, OSC re Surcharge//**There has been no response to the OSC by Rachel Murray.  The Petition to approve her account is denied.  Rachel Murray is surcharged $398,458.70.  Her 20% allocation of income is voided.

Yes

 

 

 

123348

Estate of Russell

123862

Sweet Trust

Petition to Determine Validity of Amendments//**Appear for trial setting.

Yes

 

 

 

125000

Estate of McDowell

124220

Estate of Amundson

Probate Petition//**GRANTED.

Yes

 

 

 

125002

Estate of Friedman

124775

Lowe Trust

Trial Setting on Removal of Trustee and Validity of Documents//**Continued to 2-23-15 pursuant to the Temporary Trustees request for more time to evaluate.

Yes

 

 

 

125003

Estate of Williams

124919

Woods Trust

Instructions re Abatement//**There is no response to the petition despite inaccuracies contained therein, i.e. misstatement of division of assets,  misidentification of “cousins”, absence of life estate status of San Diego condo, and special gift to Tom Mulkeen.  The court issues an OSC to all beneficiaries to appear and show cause why the requested relief should not be granted..  The hearing is set for January 5, 2015 and petitioner is ordered to, prepare the OSC for the court’s signature and serve such OSCs on the beneficiaries.

Yes

 

 

 

125005

Estate of Myers

124947

Lea Trust

Chorological Summary of Violations, Demurrer and Motion to Strike//**The Motion to Strike is GRANTED.  The demurrer is sustained with 30 days leave to amend to state certain claims and causes of action with claims for relief sought.

Yes

 

 

 

 

 

125048

Hoogasian v Gianini

Elder Abuse TRO//*Appear.

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*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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