Probate Department Tentative Rulings for Monday

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 22, 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.

 

Zoom Video/Audio Information

Zoom Phone-Audio 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: 160 844 3738

PASSWORD: 215010

Phone number: 1 (669) 254-5252

Meeting ID: 160 844 3738

PASSWORD: 215010

 

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.

 

 

 

PRO117285

 

CONSERVATORSHIP OF DAVID M. REIS

 

Line 1

Conservatee: REIS, DAVID M.

Proposed Conservator: Reis, Melanie P.

Conservator: REIS, BRIAN J. ( KUBOTA, NOELL K.)

Conservator: REIS, MELANIE P. ( KUBOTA, NOELL K.)

Father: REIS, BRIAN J. ( KUBOTA, NOELL K.)

Mother: REIS, MELANIE P. ( KUBOTA, NOELL K.)

Payor: Payor

Conservatorship Review - Biennial

 

TENTATIVE RULING:

 

APPEARANCE OPTIONAL

 

The Conservatorship shall continue and be reviewed in two (2) years; The account of the conservatorship estate is waived; The assessment amount of $850 for the cost of the Court's investigation is ordered and deferred until the Court determines sufficient funds exist; The Court waives the requirement of an in-person interview by the court investigator for the present review.

 

 

 

 

 

 

 

 

16-PRO-00299

 

THE FRANK ROGER BACON, JR. TESTAMENTARY TRUST

 

Line 2

Petitioner: BACON, THEA B. ( RADDIE, TERESE M.)

Petitioner: BRODKA, MARK ( WOLF, JONATHAN D)

Petitioner: DOLCH, DEBRA J. ( DESMARAIS, MICHAEL G.
BRACCINI, STEVEN P.
KROG, WENDY C
CARDOZO, RAYMOND A.)

Petitioner: MARSHALL, RUSS ( WOLF, JONATHAN D)

Petitioner: MUFG UNION BANK, N.A. ( WOLF, JONATHAN D)

Petitioner: Valentine, Kimberley ( WOLF, JONATHAN D)

Decedent: BACON, FRANK ROGER, JR

Interested Party: SYKES, JAMES ( THIRKELL, EDWARD D.
BONINO, MARK G.
ELLINGSON, STEPHEN P.)

Respondent: Dolch, Debra ( CUNNINGHAM, RYAN D.)

Other: Sykes, James ( BINDER, HEINZ)

Petition Hearing

 

TENTATIVE RULING:

 

APPEARANCE OPTIONAL

 

The Petition for Instructions is DENIED. As this Court previously ruled, Petitioner has not shown that the cotrustees have abused their discretion under the HEMS standard in refusing to pay attorney’s fees from the trust.

 

 

 

 

 

 

 

 

 

17-PRO-01265

 

Conservatorship of SIMEON N. OREJUDOS

PETITION FOR SUBSTITUTED JUDGMENT RE SALE OF CONSERVATEE'S REAL PROPERTY; PETITION TO SELL PROPERTY; FOR AUTHORITY TO ENTER INTO A CONTRACT GRANTING EXCLUSIVE RIGHT TO SELL REAL PROPERTY; AND FOR SHORTENED NOTICE OF SALE PERIOD; OR IN THE ALTERNATIVE

Line 3

Proposed Conservatee: OREJUDOS, SIMEON N. ( PACKARD, DAVID R.)

Petitioner: SAN MATEO COUNTY PUBLIC GUARDIAN ( NIBBELIN, JOHN D.)

Proposed Conservator: SAN MATEO COUNTY PUBLIC GUARDIAN ( NIBBELIN, JOHN D.)

Conservatee: OREJUDOS, SIMEON N. ( PACKARD, DAVID R.)

Conservator: SAN MATEO COUNTY PUBLIC GUARDIAN ( NIBBELIN, JOHN D.)

Child: LEGASPI, AUDREY

Child: OREJUDOS, ARTHUR P.

Court Investigator: Weidner, Julianna

Spouse: OREJUDOS, LYDIA

Petition Hearing

 

TENTATIVE RULING:

 

APPEARANCE OPTIONAL

 

In accordance with the requests of Independent Counsel, the Court GRANTS authority to the Public Guardian to enter into a 90 day Exclusive Real Estate Listing Contract for the sale of Conservatee' one-half(˝) interest in 20 Heath Court, Daly City, CA, subject to court confirmation of the sale. The court GRANTS Public Guardian request to advance the hearing date of the petition/report to confirm sale of real property, if necessary, to avoid a trustee sale. Independent Counsel’s request for fees is GRANTED.

 

 

 

 

 

 

 

 

19-PRO-00643

 

Estate of  DANIEL STRANGE

Motion to Consolidate

Line 4, 5

Petitioner: NOBLE, LISA JO ( PROCHNOW, KENNETH H.)

Decedent: STRANGE, DANIEL

Respondent: Abdeljawad, Eyad ( ABDELJAWAD, EYAD YASER)

Interested Party: SAN MATEO COUNTY PUBLIC GUARDIAN ( NIBBELIN, JOHN D.)

Administrator: NOBLE, LISA JO ( PROCHNOW, KENNETH H.)

Respondent: Alejandro, Marrero

Respondent: Arce, Joyce

Respondent: Dotson-Strange, Gay Lynne

Respondent: National Recovery Solutions

Proposed Personal Representative: NOBLE, LISA JO

Motion to Consolidate

Motion to Consolidate

 

TENTATIVE RULING:

 

NO APPEARANCE

 

Motion GRANTED, absent cogent objection.

 

 

 

 

 

 

 

 

20-PRO-01507

 

Conservatorship of Mary E. Cook

Petition for Payment of Attorney Fees, Reimbursement to Petitioner for Advances Made for Attorney Fees; Reimbursement to Petitioner for Living Expenses of Conservatee; and Reimbursement to Petitioner for Payments Made on Behalf of Conservatee

Line 6

Proposed Conservatee: Cook, Mary E. ( EISENBERG, MARTA C.)

Petitioner: Chervenak, Timothy C. ( STERN, PETER S.)

Proposed Conservator: Garcia, Deborah ( FOX, DEBORAH L)

Proposed Conservator: TEHRANI, DOMINIQUE ( STERN, PETER S.)

Conservatee: Cook, Mary E. ( EISENBERG, MARTA C.)

Conservator: TEHRANI, DOMINIQUE ( STERN, PETER S.)

Temporary Conservatee: COOK, MARY E.

Temporary Conservator: GARCIA, DEBORAH ( FOX, DEBORAH L)

Temporary Conservator: TEHRANI, DOMINIQUE ( STERN, PETER S.)

Conservator: Tehrani, Dominique ( SIRACUSA, LAWRENCE)

Child: COOK, CHRISTOPHER

Petition Hearing

 

TENTATIVE RULING:

 

NO APPEARANCE

 

Petition GRANTED, absent cogent objection.

 

 

 

 

 

 

 

 

 

22-PRO-00075

 

Estate of  Ann Hood Price Kimbel

FIRST AND FINAL REPORT OF EXECUTOR ON WAIVER OF ACCOUNT AND PETITION FOR ALLOWANCE OF STATUTORY COMPENSATION TO EXECUTOR AND ATTORNEY AND FOR FINAL DISTRIBUTION

Line 7

Petitioner: Price, Gary Richard, JR ( SHAFAE, MATTHEW M.)

Decedent: Kimbel, Ann Hood Price

Personal Representative: Price, Gary Richard, JR

Proposed Personal Representative: Price, Gary Richard, JR

Petition for Final Distribution

 

TENTATIVE RULING:

 

NO APPEARANCE

 

Petition GRANTED, absent cogent objection.

 

 

 

 

 

 

 

 

22-PRO-00494

 

Estate of  Jeffrey G. Quan

PETITION FOR AN ORDER TO TERMINATE FURTHER ESTATE PROCEEDINGS FOR LACK OF ASSETS AND AUTHORIZATION FOR DISCHARGE;

Line 8

Petitioner: Kan, Michael ( DAVIDSON, ERIC E)

Decedent: Quan, Jeffrey G.

Personal Representative: Kan, Michael

Petition Hearing

 

TENTATIVE RULING:

 

APPEARANCE OPTIONAL

 

CONTINUED to September 8, 2023 for the filing of a Proof of Service.

 

 

 

 

 

 

 

22-PRO-01115

 

IN THE MATTER OF: GEORGE J. CRIMMINS AND DOROTHY CRIMMINS TRUST, DATED DECEMBER 12, 1974 AS AMENDED.

Petition to Appoint Successor Trustee and Petition re: Non-Court Supervised Bond [Probate Code17200(c)(10)

Line 9

Petitioner: Lassahn, Tirzah Anne ( ALAVI, AVID ELI)

Decedent: CRIMMINS, DOROTHY

Decedent: CRIMMINS, GEORGE

Petition Hearing

 

TENTATIVE RULING:

 

APPEARANCE OPTIONAL

 

Petition GRANTED; bond of $225,000 is required.

 

 

 

 

 

 

 

22-PRO-01335

 

IN THE MATTER OF THE YOUNG CHINA DAILY PUBLISHING CO. STOCK TRANSFER/ TRUST AGREEMENT DATE OCTOBER 25, 1985.

Attorney Fee's

Line 10

Petitioner: MARY A.L. CHUNG BY AND THROUGH MICHAEL ANDEW CHUNG, HER ATTORNEY-IN-FA ( CIOCHON, CARL D.)

 

Petition Hearing

 

TENTATIVE RULING:

 

APPEARANCE OPTIONAL

 

The request for attorney’s fees is DENIED without prejudice. The billings records include multiple conferences with members of the same firm that are charged to the client, rates of over $600/hour, and duplicate work between the director, associate and paralegals on the same components of the Petition. Further, there appears to be an exorbitant amount of time spent drafting a simple Petition to appoint a neutral trustee to fill a vacancy in the office and sell trust property according to the trust instrument. Any amended Petition must remove any such items and provide a reasonable fee at reasonable rates.

 

 

 

 

 

 

 

23-PRO-00051

 

The Manilla Trust, dated July 3, 1995

PETITION TO MODIFY THE ADMINISTRATIVE AND DISPOSITIVE TERMS OF THE TRUST

Line 11

Petitioner: Manilla, Edgar Paul ( STEELE, ANNE E.)

Decedent: MANILLA, EARL JOSEPH

Decedent: MANILLA, ERLINDO

Petition Hearing

 

TENTATIVE RULING:

 

APPEARANCE OPTIONAL

 

CONTINUED to September 11, 2023 for Petitioner to supplement his Petition to identify what specific section of the trust he seeks to modify and how he plans to do so. Further, given the doctor’s note attached states that Gloria retains capacity, her consent is required, as she is currently trustee, with standing to petition the Court.

 

 

 

 

 

 

 

23-PRO-00052

 

Estate of  Dorothy Jeanne Schultz

 

Line 12

Petitioner: Pabellan, Yohanne ( YOUNG, MARILYN A.)

Decedent: Schultz, Dorothy Jeanne

Proposed Personal Representative: Pabellan, Yohanne

Probate of Will and Letters Testamentary Hearing w/ ATA

 

TENTATIVE RULING:

 

APPEARANCE OPTIONAL

 

Petition DENIED for failure to file proof of service, failure to file proof of holographic will, and failure to list alternate executor and all beneficiaries listed in the will as required by local rules 4.18.3(6) and 4.18.3(2).

 

 

 

 

 

 

 

 

23-PRO-00054

 

Guardianship of DILAN VICTOR DANIEL MARROQUIN MARROQUIN



Line 13, 14

Petitioner: MARROQUIN MARROQUIN, DILAN VICTOR DANIEL ( PUENTE-ARNAO, XIMENA)

Ward: MARROQUIN MARROQUIN, DILAN VICTOR DANIEL

Proposed Guardian: ROSALES CHOY, MILTON ADOLFO

Appointment of Guardian for Person of the Minor

Petition for Special Immigrant Juvenile Findings

 

TENTATIVE RULING:

 

APPEARANCE ORDERED (Zoom not allowed)

 

The court intends to GRANT both petitions and make findings of abandonment.

 

 

 

 

 

 

 

 

 

23-PRO-00143

 

ROBERT BALIC  vs.  MIRSAD MASIC

 

Line 15

Petitioner: BALIC, ROBERT ( Pro Se)

Respondent: MASIC, MIRSAD

 

Request for Orders to Stop Elder or Dependent Adult Abuse

 

TENTATIVE RULING:

 

APPEARANCE ORDERED (Zoom not allowed)

 

No Proof of Service regarding the Request to Modify on file.

 

 

 

 

 

 

 

23-PRO-00202

 

Conservatorship of RYAN MICHAEL CHEW

LIMITED

Line 16

Proposed Conservatee: CHEW, RYAN MICHAEL ( WILKINS, PAUL A.)

Petitioner: CHEW, MAY ( Pro Se)

Proposed Conservator: CHEW, GLENN MARTIN

Proposed Conservator: CHEW, MAY

Appointment of Conservator for Person

 

TENTATIVE RULING:

 

APPEARANCE ORDERED (Zoom allowed)

 

The court intends to GRANT the petition, and make the following rulings:

 

May Chew and Glenn Martin Chew are appointed limited co-conservators of the person of Ryan Michael Chew and a limited conservatorship is the least restrictive alternative to protect the conservatee.

 

In lieu of the in-person interview required by Probate Code Section 1851(a)(1), the Court accepts the Court Investigator’s zoom interview the conservatee and the court waives the requirement for an in-person interview by the court investigator.

 

Medical Authority under Probate Code Section 2355 is DENIED in favor of medical authority under Probate Code Section 2351.5.

 

The following limited powers under Probate Code Section 2351.5 are granted to the conservator and the conservatee’s rights are limited in the same areas:

 

The power to fix the residence or specific dwelling of the limited conservatee;

The power to access confidential records and papers of the limited conservatee;

To control the right of the limited conservatee to contract;

The power to give or withhold medical consent for the limited conservatee;

The power to make decisions regarding the education of the conservatee;

The power to control the social and sexual contacts and relationships of the limited conservatee;

To consent or withhold consent to the marriage of, or the entrance into the registered domestic partnership by, the limited conservatee;

 

Pursuant to Probate Code §1830, the conservator(s) file a proof of mailing for Notice of Conservatee Rights (GC-341) within thirty (30) days of appointment;

 

A nonappearance hearing on the conservator’s filing of the following documents be set for September 6, 2023:

a.  Level of Care Confidential General Plan (PR-22)

b.  Determination of Conservatee’s Appropriate Level of Care (GC-355), to be filed within sixty (60) days of appointment

 

The conservator attend conservator education classes and a Proof of Completion be filed with the Court within six (6) months of being appointed conservator.

 

The assessment of $850 is ordered and deferred until the Court determines sufficient funds exist.

 

The conservatorship be reviewed in one year’s time.

 

 

 

Hearings Total:  16

 

© 2023 Superior Court of San Mateo County