Probate Department Tentative Rulings for Thursday

Probate

Courtroom 2D

Hon. John Grandsaert

October 28, 2021 9:00 AM

If a court appearance is required, parties must appear remotely through Zoom Video.

Zoom video strongly preferred by the Court. Zoom audio is only to be used if video is unavailable.

Please check in with the clerk by 8:45 am.

Zoom Video Information

Zoom Phone-Only Information Please Note: You must join by dialing in from a telephone; credentials will not work from a tablet or PC

Click on this link to join the Zoom meeting (no meeting ID or passcode required):

Meeting ID: 161 809 3162

PASSWORD: 355238

Phone number: 1 (669)-254-5252

Meeting ID: 161 809 3162

PASSWORD: 355238

 

Approved - Non-Appearance

Appearance

Continued or Dropped Matters

 

Case No

Case Name

Case No

Case Name

Zoom OK?

Case No

Case Name

 

 

 

114832

 

Marissa M. Martinez 2006 Irrevocable Trust (line 1)

Status Conference//*APPEAR for trial setting.

Yes

 

**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.

 

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

 

 

124228

 

Conservatorship of Jason Paolo L. Young (line 2)

Order to Show Cause//**The matter is TRANSFERRED to Alameda County.

Yes

17-01298

 

Charles A. Jones Trust (line 4)

Status Hearing//**CONTINUED at request of parties to January 14, 2021 for further status hearing

 

 

 

16-00376

Conservatorship of Louise Rose Doyle (line 3)

Petition to Approve Final Account and Discharge Conservator//**DENIED without prejudice due to failure meet the requirements of PC§1064: Petitioner failed: (1) to explain why and under what authority Petitioner distributed Conservatorship assets of the Estate prior to approval of the final account and report, and, (2) to support their claim for fees with regard to the sale of financial instruments.

Yes

21-00693

 

Estate of Donald Koppel (line 13)

OFF CALENDAR-Petition withdrawn

 

 

 

18-01356

Estate of Gerardus Eduardus Maria Asselbergs (line 5)

Petition for Final Distribution//**DENIED for failure to file an Inventory and Appraisal for all assets on hand at the beginning of the Account and failure to submit a plan for distribution that addresses specific gifts listed in the decedent’s will.

Yes

 

 

 

 

 

 

 

 

 

19-00394

Estate of Osborne Jesse Hollins (line 6)

Petition for Letters of Administration Hearing with ATA//**GRANTED; bond will be set at $1,165,000; Letters to issue upon the filing of Duties of Personal Representative (form DE-147) and Supplement (form DE-147S) as required by Local Rule 4.18.4.

Yes

 

 

 

 

 

19-01235

The Andrew Peng Qualified Personal Residence Trust, The Neinchiu Wang Qualified Personal Residence Trust, Andrew Peng V. Neinchiu Wang (line 7, 8)

Motion of Leave to File Motion for Judgment on the Pleadings//*Motion GRANTED; Request to Strike Opp. DENIED.

Yes

 

 

 

 

 

20-01397

 

Guardianship of Julian Delagnes, James Delagnes (lines 9, 10)

Appointment of Guardian for Estate of Minor, Status Hearing//*Appearance required. Julian Delagnes and James Delagnes are appointed Guardians for the Estate of the Minor, pursuant to Stipulation.

Yes

 

 

 

 

 

21-00362

 

Trust FBO Hillary Champion (line 11, 12)

Petition to: 1) Compel Accounting; 2) Remove Trustee; 3) Suspension of Trustees Powers; 4) Surcharge, etc.//**All matters are CONTINUED, including the hearing on the Petition to Approve Accounting dated 11/5/21, to January 28, 2022; the parties are ordered to attend mediation.

Yes

 

 

 

 

 

20-01430-A

 

Estate of Michael Mark Cianci (line 14)

Spousal Property Petition//**DENIED; There remains an insufficient showing of the nature of the community property interest, despite a continuance from 8/23/21 to cure. Order does not include attachments described.

Yes

 

 

 

 

 

109846-A

 

Estate of Jean Muir Sharp (line 15)

Letters of Administration Hearing with ATA//**DENIED; Petitioner to file an Amended Petition, as the court cannot grant Letters of Administration for an older will, when a more recent will has already admitted to Probate

Yes

 

 

 

 

 

21-00895

 

Estate of Gebreysus H Giday (line 16)

Letters of Administration Hearing with ATA//**DENIED for failure: (1) to file proof of service for all heirs, (2) to submit Duties of Personal Representative Supplement (form DE-147S) as required by Local Rule 4.18.4, and, (3) to list Petitioner’s name and relationship to decedent on Attachment 8.

Yes

 

 

 

 

 

21-00897

 

Estate of Yumi Kobayashi (line 17)

Letters of Administration Hearing with ATA//**DENIED without prejudice due to failure: to list and serve all alternate co-executors are required by Local Rule 4.19F, to submit the Duties and Liabilities of Personal Representative Forms DE-147 and DE-147S as required by Local Rule 4.18.4, and to provide a proof of service satisfying the requirements of Probate Code §8113. 

Yes

 

 

 

 

 

 

 

 

 

 

 

 

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