Probate Tentative Rulings for Monday

Probate

Department 25-Courtroom 2L

Hon. Joseph C. Scott

September 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 Ė Non-Appearance

Appearance Required

Continued or Dropped Matters

 

Case No

Case Name

Case No

Case Name

Court Call OK?

Case No

Case Name

 

121082

Conservatorship of Egan

104168

Estate of Sung

Re-open 1998 Probate//** Appear to explain why probate needs to be re-opened, why a different Administrator,and the appropriate amount of bond for this non-resident petitioner

Yes

073738

Conservatorship of Bates

Continued to 11-12-14

 

121131

Conservatorship of Torres

114069

Al-Zaghari v. Remmert

Request for Court to Order Mediation//**

No Proof of Service, no Opposition filed, Appear

Yes

121335

Conservatorship of McFarland

Continued to 11-19-14

122879

Estate of Augustyn

Written Account Waivers required.

118515

Conservatorship of Mazzera

Accounts, Review, Appointment//*†† The court is inclined to approve the accounts and fees accept the resignation and appoint Laurie Sells and Conservator of Person and Estate

No

123402

McCarthy Trust

Continued to 10-3-14

 

124777

Estate of Berry

Proof of Mailing and Order Required

121022

Vinnicomve Trust

Petition to Set Matters for Trial//** Continue to 11-21-14 for trial setting The Court Orders:†††

Each Party shall each file by 10-3-14 an Exhibit list identifying each document that they intend to present at trial.Each party shall file, by 10-17-14, a response to the Exhibit list filed by the other party stating with regard to each document on such other partiesí list:(1) whether the responding party will stipulate to the authenticity of such document; (2) whether the responding party will stipulate that such document is admissible for the truth of the matter asserted, and (3) any evidentiary objections the responding party intends to raise with regard to the admissibility of such document.Each party shall file, by 10-24-14 a reply to the response provided by the other party to that partiesí Exhibit list.†† Each party shall email an electronic copy of their exhibit list to the courtroom clerk five court days before trial.

 

Each Partyshall each file by 10-3-14,a Witness Listidentifying each witness that they intend to call at trial and a summary of the facts the witnesses are expected to testify to.Each party shall file, by 10-17-14, a response to the Witness list filed by the other party stating with regard to each fact on such other partiesí list:(1) whether the responding party will stipulate to such fact; and (2) any evidentiary objections the responding party intends to raise with regard to the admissibility of such testimony. Each party shall file, by 10-24-14 a reply to the response provided by the other party to that partiesí Witness List. Each party shall email an electronic copy of their Witness List to the courtroom clerk five court days before trial.

 

Each party shall have up to 10-24-14 to propound requests for admissions to the other party asking that party to admit the genuineness of documents, whether such documents may be admitted for the truth of the matter asserted, and any facts that such party intends to prove at trial.Following Trial, each party may file a motion for cost of proof sanctions for each matter that was not admitted and was proven at trial.Absent a showing of good cause, the court will grant, regardless of who is prevailing party, cost of proof sanctions against any party who denied a request for admission and such matter was proven at trial by the party propounding the request for admission.†††

 

 

 

 

124783

Estate of Schneider

123553

Estate of Hill

Confirmation of Sale//*Appear for Auction

No

 

 

 

124785

Estate of Yates

123862

Sweet Family Trust

Petition to Determine Validity of Trust//**

Continue to 11-21-14 for trial setting.The Orders:††

Each Party shall each file by 10-3-14 an Exhibit list identifying each document that they intend to present at trial.Each party shall file, by 10-17-14, a response to the Exhibit list filed by the other party stating with regard to each document on such other partiesí list:(1) whether the responding party will stipulate to the authenticity of such document; (2) whether the responding party will stipulate that such document is admissible for the truth of the matter asserted, and (3) any evidentiary objections the responding party intends to raise with regard to the admissibility of such document.Each party shall file, by 10-24-14 a reply to the response provided by the other party to that partiesí Exhibit list.†† Each party shall email an electronic copy of their exhibit list to the courtroom clerk five court days before trial.

 

Each Partyshall each file by 10-3-14,a Witness Listidentifying each witness that they intend to call at trial and a summary of the facts the witnesses are expected to testify to.Each party shall file, by 10-17-14,, a response to the Witness list filed by the other party stating with regard to each fact on such other partiesí list:(1) whether the responding party will stipulate to such fact; and (2) any evidentiary objections the responding party intends to raise with regard to the admissibility of such testimony.†† Each party shall file, by 10-24-14 a reply to the response provided by the other party to that partiesí Witness List. Each party shall email an electronic copy of their Witness List to the courtroom clerk five court days before trial.

 

Petitioner shall file by 10-3-14 a list of the Expert Witnesses Petitioner intends to call at trial along with a summary of the expert opinions each expert witnesses is expected to provide.Respondent shall file by 10-17-14a list of the Expert Witnesses Respondent intends to call at trial along with a summary of the expert opinions each expert is expected to provide and a response to Petitionerís Expert List stating whether Respondent is willing to stipulate to the qualification of any of Petitionerís experts and/or any of the opinions such experts are expected to provide.Petitioner shall file by 10-24-14 a response to RespondentísExpert List stating whether Petitioner is willing to stipulate to the qualification of any of Petitionerís experts and/or any of the opinions such experts are expected to provide.†† Absent a showing of good cause, the court will order that the first witnesses called will be Petitionerís Experts, followed by Respondentís experts, followed by Petitionerís other witnesses, followed by respondentís other witnesses.

 

Each party shall have up to 10-3-14 to file a petition to allocate the attorneysí fees that party has incurred to another party or another partyís distributive share of the estate, trust or conservatorship.Such petition shall be supported by the authorities authorizing the fee shifting requested, as well as the facts on which fee shifting is based and the estimated amount of fees that are to be shifted..Each party shall file by 10-17-14a response to any fee shifting petition filed by another party.Each party who files a fee shifting petition shall file by 10-24-14, a reply to any response filed to that partyís fee shifting petition.††

 

Each party shall have up to 10-24-14 to propound requests for admissions to the other party asking that party to admit the genuineness of documents, whether such documents may be admitted for the truth of the matter asserted, and any facts that such party intends to prove at trial.Following Trial, each party may file a motion for cost of proof sanctions for each matter that was not admitted and was proven at trial.Absent a showing of good cause, the court will grant, regardless of who is prevailing party, cost of proof sanctions against any party who denied a request for admission and such matter was proven at trial by the party propounding the request for admission.†††

Yes

 

 

 

124786

Estate of Wildman

Proof of Publication Required

124738

Hoo Trust

Petition to Compel Sale, Account, Remove Trustee//**Continue to 11-10-14.Trustee to file account by 10-20-14, Objections to be filed by 10-31-14, Reply by 11-5-14.Appear to discuss whether residence should be placed on market for sale.

Yes

 

 

 

 

 

124753

Guardianship of Oíshea

Appointment//*†† The Court is inclined to Grant the petition.

No

 

 

 

 

 

124758

Ruth Trust

Petition Re Ownership of Trust Property//**Appear

Yes

 

 

 

 

 

 

*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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