Probate Tentative Rulings for Tuesday

Probate Tentative Rulings

Department 7-Courtroom 8B

Hon. Steven L. Dylina

September 16, 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

 

113595

Guardianship of Barney

050095

Estate of Graham

Petition to Appoint Successor Trustee, Objection//**  Appear.  Given the objection and the pending cross-petition, the court is inclined to appoint the next independent fiduciary on the court’s list unless there is no objection to appointment of Claudia Johnson

Yes

119698

Conservatorship of Schnapp

Continued to 11-25-14

 

116342

Conservatorship of Easterbrook

123055

Estate of Brennan

Confirmation of Sale of Real Property//* Appear for Auction

No

 

 

 

118753

Conservatorship of Torres

124124

Rothchild Trust

Petition to Suspend, Instructions, Account, Objections//**  Appear Continue all matters to Friday 11-14-14 for trial setting.   The first three issues that Petitioner Sharon Ruhnau would set for trial, the ownership of bank accounts, the capacity of decedent, and the acts of Elyse Stein as attorney in fact are outside the scope of the current pleadings, i.e. there is no 850 petition asserting that certain accounts are trust assets, no contest or petition to invalidate a document as executed when decedent lacked capacity, and no petition seeking an account for Elyse’s action under a power of attorney.  There can be no trial on these issues until appropriate pleadings are filed.  While the pending petition for instructions seeks to confirm the accounts as personal property of Elyse Stein, the denial of that petition does not transfer the assets to the trust. 

 

Sharon Rhunau and/or Maxim Engle shall have until 9-17-14 to amend the Petition to suspend to include an 850 petition asserting that property to which Elyse Stein holds legal title is in fact trust property (or alternatively to file a separate 850 petition) with hearing set for 11-14-14.  Response to be filed by Elysee Stein by 10-17-14, Reply by 10-31-14. 

 

Elyse Stein to file an account of all transactions executed pursuant to power of attorney and petition for approval of such account by 9-17-14 with hearing on approval of account set for 11-14-14.  Objections by 10-17-14, Reply by 10-31-14.

 

Sharon Rhunau and/or Maxim Engle to file by 9-17-14 a declaration itemizing the specific items of personal property that they claim is missing or wasted. Response by 10-17-14, Reply by 10-31-14.

 

Either Party may serve Request for Admissions to establish cost of evidence sanctions by 9-17-14, Responses to be filed by 10-22-14, Declarations  on estimated cost of proof sanctions for requests that were not admitted to be filed by 10-31-14.

Yes

 

 

 

118809

Conservatorship of Walsh

124649

Conservatorship of Jensen

Appointment of Limited Conservator//* Appear

No

 

 

 

122407

Guardianship of Gnadig

124809

Darmogray v. Cruz-Martin

Elder Abuse TRO//* Appear, there is no proof of service on file

No

 

 

 

 

 

124810

De Santis v. DeSantis

Elder Abuse TRO//* Appear, there is no proof of service on file

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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