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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN
AND FOR THE COUNTY OF SAN MATEO
Probate
Department 1
Courtroom 2H
Hon. Leland Davis, III
May 26, 2023 - 9:00 AM
If an appearance by Zoom is allowed,
parties must appear through Zoom Video.
Zoom Audio is only to be used if Zoom
Video is unavailable.
Please check in with the clerk by 8:45
AM.
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If a tentative ruling contains “APPEARANCE ORDERED (Zoom allowed/not
allowed)”, failure to appear may cause the Petition to be denied or Opposition
stricken. If Zoom is not allowed, an in-person appearance is required.
If a
tentative ruling contains “APPEARANCE OPTIONAL”, failure to appear is a
waiver of oral argument and the Court may issue orders differing from the
tentative ruling. Zoom is allowed for all optional appearances.
If a
tentative ruling contains “NO APPEARANCE”, an appearance is not required,
as the matter has been pre-approved, continued, or dropped, as described.
You must notify the probate clerk at dept1@sanmateocourt.org
if you wish to be heard in response to the tentative ruling. Any interested
party who wishes to be heard in opposition to a petition must notify all
other parties of the intent to appear. Both notifications must be completed
no later than 4:30 p.m. on the court day immediately preceding the day of
the hearing. Unless notification has been given as provided above, the
tentative ruling shall become the rulings of the Court.
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PRO036690
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Estate of GEORGE NIELSEN
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Petition for Approval
of Accountings and Approval of Actions of Trustee
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Line 1
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Petitioner: Berlin, Stephen (LOEW, JEFFREY R.)
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Petitioner: NIELSEN, GEORGE RUSSELL
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Decedent: NIELSEN, GEORGE
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Objector: NIELSEN, CHRISTOPHER (THIRKELL, EDWARD D.)
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Objector: NIELSEN, GEORGE, JR (THIRKELL, EDWARD D.)
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Objector: NIELSEN, JEFFERY (THIRKELL, EDWARD D.)
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Attorney: FRANK L. HANNIG
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Status Hearing
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Tentative Ruling:
APPEARANCE
OPTIONAL
CONTINUED to September
25, 2023 at 9:00 am for status. Parties are ordered to file status
reports ten (10) days before the next hearing. Mediation is ordered
to be completed within 90 days.
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PRO115142
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CONSERVATORSHIP OF SHIRLEY F. HUMPHREY
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9th
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Line 2
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Conservatee: HUMPHREY, SHIRLEY F.
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Conservator: SAN MATEO CO PUBLIC GUARDIAN (NIBBELIN,
JOHN D.)
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Payor: Payor
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Petition to Approve
Final Account, Terminate/Discharge Cons.
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Tentative Ruling:
NO APPEARANCE
Petition GRANTED
absent cogent objection.
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PRO123694
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CONSERVATORSHIP OF JACK E. PAYE
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Line 3
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Conservatee: PAYE, JACK E
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Conservator: DONAHUE, DANIELLE B (REYNOLDS, LAURA L.)
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Participant: DONAHUE, YVONNE (Pro Se)
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Participant: PAYE, EMMA B (Pro Se)
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Participant: PAYE, GEORGIA A (Pro Se)
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Participant: PAYE, HANNAH K (Pro Se)
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Participant: PAYE, JOHN P (Pro Se)
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Participant: PAYE, KATHLEEN (Pro Se)
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Participant: STORM, EDWARD (Pro Se)
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Father: PAYE, JOHN A (Pro Se)
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Mother: DONAHUE, DANIELLE B (REYNOLDS, LAURA L.)
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Conservatorship
Review - Biennial
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Tentative Ruling:
NO APPEARANCE
Matter CONTINUED
to September 19, 2023 at 9:00 am for Petitioner to file the review
documents and for the court investigator to complete their report.
Petitioner is directed to file all review documents no less than 45
days prior to the next hearing, the following documents are
mandatory: 1) A Confidential Status Report (PR-19) pursuant to Local
Court Rule 4.81.18; 2) A Conservatee’s Information List of Relatives
(PR-1); 3) An account of the estate pursuant to Probate Code section
2620 or a request for Waiver of Account (PR-24).
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19-PRO-01514
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IN RE THE ELIZABETH A. NIELSEN 1984 LIVING TRUST
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Petition for Approval
of Accountings and Approval of Actions of Trustee
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Line 4
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Petitioner: Berlin, Stephen (LOEW, JEFFREY R.)
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Decedent: NIELSEN, GEORGE RUSSELL
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Objector: NIELSEN, CHRISTPHER (THIRKELL, EDWARD D.)
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Objector: NIELSEN, GEORGE (THIRKELL, EDWARD D.)
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Objector: NIELSEN, JEFFERY (THIRKELL, EDWARD D.)
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Status Hearing
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Tentative Ruling:
APPEARANCE
OPTIONAL
CONTINUED to September
25, 2023 at 9:00 am for status. Parties are ordered to file status
reports ten (10) days before the next hearing. Mediation is ordered
to be completed within 90 days.
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20-PRO-00316
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Conservatorship of RICHARD SAMUEL PAULSON
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Line 5
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Proposed Conservatee: PAULSON, RICHARD SAMUEL (BRADY,
ROBERT J.)
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Petitioner: WILKINSON, CYNTHIA (ROMA, PATRICIA)
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Petitioner: WILKINSON, JAMES (ROMA, PATRICIA)
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Conservatee: PAULSON, RICHARD SAMUEL (CAVE, ALLEN)
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Proposed Conservator: WILKINSON, CYNTHIA (ROMA,
PATRICIA)
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Proposed Conservator: WILKINSON, JAMES (ROMA, PATRICIA)
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Temporary Conservatee: PAULSON, RICHARD SAMUEL
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Conservator: WILKINSON, CYNTHIA (ROMA, PATRICIA)
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Conservator: WILKINSON, JAMES (ROMA, PATRICIA)
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Interested Party: Lamour, Kristie (DELLA SANTINA, JOSEPH
A.)
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Temporary Conservator: SAN MATEO COUNTY PUBLIC GUARDIAN
(NIBBELIN, JOHN D.)
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Temporary Conservator: WILKINSON, CYNTHIA (ROMA,
PATRICIA)
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Temporary Conservator: WILKINSON, JAMES (ROMA, PATRICIA)
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Objector: PAULSON, KENDALL RICHARD (Pro Se)
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Child: PAULSON, KENDALL RICHARD (Pro Se)
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Child: PAULSON, KEVIN
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Child: WILKINSON, CYNTHIA (ROMA, PATRICIA)
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Appointment of
Conservator for Estate
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Tentative Ruling:
APPEARANCE
ORDERED (Zoom allowed)
The Court intends
to GRANT the petition and appoint the San Mateo County Public
Guardian Successor Conservator of the Estate. Counsel for the former
conservators is ordered to appear and explain why she should not be
sanctioned for failure to file a record of the fees she received in
this matter as ordered by the Court on August 21, 2022 and October
25, 2022. The matter is set on September 19, 2023 at 9:00 am for
former conservators to file the Second and Final Account. Failure to
file a code compliant account may result in surcharge of the former
conservators and imposition of sanctions for their attorney.
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20-PRO-01609
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Guardianship of Courtney Marie Paola Guaraglia
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RE: why petitioners
should not be removed for failure to file the Inventory and Appraisal
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Line 6
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Petitioner: Rolle, John Pasquale (BEHMKE, JORDAN C.)
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Petitioner: Rolle, Rochelle Renee (BEHMKE, JORDAN C.)
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Ward: Guaraglia, Courtney Marie Paola
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Guardian: Rolle, John Pasquale (BEHMKE, JORDAN C.)
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Guardian: Rolle, Rochelle Renee (BEHMKE, JORDAN C.)
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Proposed Guardian: Rolle, John Pasquale (BEHMKE, JORDAN C.)
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Proposed Guardian: Rolle, Rochelle Renee (BEHMKE, JORDAN
C.)
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Temporary Guardian: ROLLE, JOHN PASQUALE (BEHMKE, JORDAN
C.)
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Temporary Guardian: ROLLE, ROCHELLE RENEE (BEHMKE,
JORDAN C.)
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Order to Show Cause
Hearing
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Tentative Ruling:
APPEARANCE
ORDERED (Zoom allowed)
The Court intends
to suspend Petitioners as guardians of the estate for failure to file
an inventory and appraisal as required and previously ordered, and
failure to file an account or request for wavier. The Court intends
to appoint the Public Guardian as Temporary guardian of the estate
for the purpose of marshalling funds and placing them in a blocked
account.
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21-PRO-00787
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IN THE MATTER OF: THE STEVEN GARY HOFFMAN REVOCABLE TRUST
DATED DECEMBER 21, 2016, AS AMENDED
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SECOND ACCOUNT AND
REPORT OF TRUSTEE OF THE STEVEN GARY HOFFMAN REVOCABLE TRUST; SECOND ACCOUNT
AND REPORT OF TRUSTEE OF THE TRUST FOR THE BENEFIT OF MELISSA KAI
HOFFMAN; AND PETITION FOR (1) APPROVAL AND SETTLEMENT OF ACCOUNTS; AND
(2) RATIFICATION
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Line 7, 8
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Petitioner: Hoffman, Melissa (CUMMINS, JAMES R.)
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Decedent: HOFFMAN, STEVEN
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Trustee: LASSAHN, T. ANNE (GRUBER, JOSEPH E., JR)
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Status Hearing
Petition Hearing
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Tentative Ruling:
NO APPEARANCE
CONTINUED to
September 8, 2023 at 9:00 am.
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21-PRO-00996
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IN THE MATTER OF EDDIE AND ALICE MORIGUCHI 1992 TRUST, DATED
SEPTEMBER 4, 1992
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PETITION FOR ORDER INSTRUCTING
TRUSTEE REGARDING PARTNERSHIP INTEREST AS TRUST ASSET AND CORRECTING
TITLES TO PARTNERSHIP PROPERTIES WITH CONSENT OF SURVIVING SETTLOR,
PARTNERS AND BENEFICIARIES
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Line 9
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Petitioner: MORIGUCHI, ALICE (SHIGEKUNI, LAURIE)
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Decedent: MORIGUCHI, EDDIE
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Petition Hearing
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Tentative Ruling:
APPEARANCE
ORDERED (Zoom allowed)
GRANTED absent
cogent objection.
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22-PRO-00408
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Estate of Anecia Tiempo Bagasbas
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WAIVER OF ACCOUNT AND
REPORT OF ADMINISTRATOR, PETITION FOR ALLOWANCE OF STATUTORY FEES FOR
ATTORNEY, AND FOR FINAL DISTRIBUTION.
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Line 10
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Petitioner: Bagasbas, Felipe T., JR (RILEY, LESLIE)
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Decedent: Bagasbas, Anecia Tiempo
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Personal Representative: Bagasbas, Felipe T., JR (RILEY,
LESLIE)
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Petition for Final
Distribution
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Tentative Ruling:
NO APPEARANCE
Petition GRANTED
absent cogent objection.
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22-PRO-01354
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Estate of August Greyhosky
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Line 11
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Petitioner: Greyhosky, Gary E (SHIGEKUNI, LAURIE)
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Decedent: Greyhosky, August
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Proposed Personal Representative: Greyhosky, Gary E
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Probate of Will and
Letters Testamentary Hearing w/ ATA
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Tentative Ruling:
APPEARANCE
OPTIONAL
Petition DENIED
for failure to lodge will.
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23-PRO-00089
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Conservatorship of Todd Callantine
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Line 12
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Proposed Conservatee: Callantine, Todd (CAVE, ALLEN)
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Petitioner: Callantine, Renee (EMMONS, MELANIE J.)
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Proposed Conservator: Callantine, Daniel
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Proposed Conservator: CALLANTINE, RENEE
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Temporary Conservator: Callantine, Daniel
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Temporary Conservator: CALLANTINE, RENEE
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Appointment of
Conservator for Person and Estate
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Tentative Ruling:
APPEARANCE
ORDERED (Zoom allowed)
The Court intends
to GRANT the Amended Petition for General Conservatorship and make
the following orders:
1. Daniel
Callantine is appointed conservator of the estate of Todd Callantine;
Renee Callantine is appointed conservator of the person of Todd
Callantine and a conservatorship is the least restrictive
alternative.
2. Exclusive
Medical Authority is granted to the conservator of the person.
3. The
conservatee’s attendance at the hearing is waived.
4. The Court accepts
the phone interview conducted by the court investigator In lieu of
the in-person interview required by Probate Code §1851(a)(1) as a
result of the COVID-19 crisis and the court waives the requirement
for an in-person interview by the court investigator for the present
petition.
5. Bond is set at
$1,314,000.
6. The
conservators shall attend conservator education classes and a Proof
of Completion is ordered to be filed with the Court within six (6)
months of being appointed conservator.
7. Pursuant to
Probate Code §1830, the conservator is ordered to file a proof of
mailing for Notice of Conservatee Rights (GC-341) within thirty (30)
days of appointment.
8. A nonappearance
hearing on the conservator’s filing of the following documents is set
for September 12, 2023,:
a. Level of Care Confidential General Plan (PR-22)
b. Inventory & Appraisal (GC-040)
c. Notice How to Object to the Inventory or the
Appraised Value of Property (GC–042)
9. Absent a
judicial finding of hardship and approval of a fee waiver, this
estate is subject to present and future assessments for the cost of
investigation, pursuant to Probate Code §1851.5. The Court orders
payment of $850 from the estate to the Superior Court of California,
County of San Mateo, within ninety (90) days.
10. The
conservatorship shall be reviewed in one year.
11. Independent
Counsel’s request for discharge is granted.
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23-PRO-00092
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Estate of Katherine Ellen Potts
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Line 13
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Petitioner: Potts, Geoffrey Franklin (GENDOTTI, DIANA
T.)
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Decedent: Potts, Katherine Ellen
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Proposed Personal Representative: Potts, Geoffrey
Franklin
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Claimant: STANFORD HEALTH CARE
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Letters of
Administration Hearing with ATA
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Tentative Ruling:
NO APPEARANCE
Petition GRANTED,
nominal bond is set at $20,000 in compliance with Local Rule 4.25.
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23-PRO-00463
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RITA BRADLEY vs. JAMES BRADLEY, JR
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Line 14
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Petitioner: BRADLEY, RITA (Pro Se)
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Respondent: BRADLEY, JAMES, JR
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Request for Orders to
Stop Elder or Dependent Adult Abuse
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Tentative Ruling:
APPEARANCE
ORDERED (Zoom not allowed)
No proof of service
filed.
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Hearings Total: 14
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