Probate Tentative Rulings for Monday


Department 25-Courtroom 2L

Hon. Joseph C. Scott

September 29, 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 Leutholtz


Szanto Trust

Motion to Compel Deposition and Production of Documents, Objection//**  Appear to discuss whether there is any matter currently pending in which Peter Szanto has standing to litigate, and if so, whether the discovery in question is reasonably calculated to lead to the discovery of admissible evidence to any such claim.






Conservatorship of Newman


Estate of Goodman

Citation Requiring Public Administrator to appear and show status//**  Having received a status report, the court is inclined to continue this matter to 2-20-15 for further status.





Conservatorship of Wittman


Conservatorship of Karim

Review, Account//**  The Supplement has addressed most of the CI concerns, but the conservators have claimed $15K of reimbursement from prior accounting periods and appear to intend to present more as they “discover” receipts.  The Conservator’s are ordered to return $4,000 of the reimbursement already claims, and will not be permitted further reimbursement unless expenditure is in the same period as the account.  The review is continued to 10-28-14 and Conservators are ordered to file by 10-17-14 a five year cash flow projection as it appears that at the current spending rate the conservatorship will run out of funds in two years.






Estate of Elliot


Estate of Barhona

Final Distribution//**  Absent admissible evidence that decedent’s son predeceased decedent, the petition is DENIED.  The fact that petitioner does not know her brother’s exact whereabouts does not mean she is entitled to his intestate share of the estate.






Estate of O’Dea


Bozza Trust

Motion to Amend Response//**  Appear. The court is inclined to DENY the request because the amendment is not an affirmative defense, i.e. does not affect the outcome of the present petition before the court, though it may affect the petitioner’s future rights if the instant petition is unsuccessful.  It is a collateral matter than can be raised in a separate petition and tried at a later date.






Conservatorship of Jones


Guardianship of Souza

Appointment//* Appear   The court is inclined to grant the petition.






Estate of Jung

Proof of Publication Required


Barton Trust

OSC, Status//**  Absent objection the court is inclined to surcharge Daniel Miller $11,170 and order that amount to be paid to the trustee, Greg Dean, by 10-3-14.  If the account ordered to be filed by 9-26-14 has not been filed, the court is inclined to continue this matter to 11-4-14 and issue an Order to show cause to Daniel Miller why he should not be sanctioned $1,000 for failing to file an account as ordered.






Estate of Fishman


Estate of Granizo

Probate Petition, Objection//**  Appear.  The court is inclined to overrule the objection and grant the petition because satisfactory evidence of marriage has been provided.






Estate of Frediani


Rust Trust

Order Determining Construction//**  The court is inclined to DENY the petition as the construction offered by Petitioner contradicts the express language of the trust amendment and is not a meaning of which the trust amendment is reasonably susceptible. The intent of the decedent was to equalize the inheritance of the four siblings, and paying everyone except Petitioner $521,250 before dividing the residual equally appears to accomplish that intent.








Estate of Lee

Probate Petition//**  Appear.  The court is inclined to grant the petition absent cogent objection.  While there is a response to an objection concerning residence, no such objection has been filed with this court.







*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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