Probate Department Tentative Rulings for Wednesday

 

 

 

 

 

 

 

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 24, 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.

 

 

 

PRO118295

CONSERVATORSHIP OF EMERITA G. RAMIREZ

7TH

Line 1

Petitioner: FOX, SHJEFLO, HARTLEY & BABU LLP (HARTLEY, SCOTT E.)

Petitioner: RAMIREZ, JUDITH (Pro Se)

Conservatee: RAMIREZ, EMERITA G.

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

Child: DIAZ, RUBY (Pro Se)

Child: RAMIREZ, GERARDO D (Pro Se)

Child: RAMIREZ, JASON (Pro Se)

Child: RAMIREZ, JOSEPH G, JR (Pro Se)

Child: RAMIREZ, ROLANDO D (Pro Se)

Mother: DE GUZMAN, ESPERANZA C (Pro Se)

Payor: Payor

Petition to Approve Final Account, Terminate/Discharge Cons.

 

Tentative Ruling:

 

NO APPEARANCE

 

Petition GRANTED absent cogent objection.

 

 

 

 

 

 

PRO123289

CONSERVATORSHIP OF DUANE ALLEN

FIFTH BIENNIAL ACCOUNTING OF CONSERVATOR AND PETITION FOR ITS SETTLEMENT AND REQUEST FOR FEES

Line 2, 3

Conservatee: ALLEN, DUANE

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

Brother: ALLEN, BRENT (Pro Se)

Brother: ALLEN, JEFFREY D (Pro Se)

Brother: ALLEN, STEVEN (Pro Se)

Court Investigator: Cady, Tamara

Payor: Payor

Conservatorship Review - Biennial

Accounting(Biennial) Conservator and Petition for Settlement

 

Tentative Ruling:

 

NO APPEARANCE

 

The Fifth Account is approved; The Conservatorship shall continue and be reviewed in two (2) years; The fees requested by the Public Guardian and County Counsel are granted; The assessment amount of $850 for the cost of the Court's investigation are ordered to be paid from the conservatorship estate to the Superior Court of California, County of San Mateo, within fifteen (15) days; The Court waives the requirement of an in-person interview by the court investigator for the present review.

 

 

 

 

 

 

18-PRO-01076

Conservatorship of JILL C. PLOUGH

Petition for Instructions Regarding Payment of Former Trustee's Attorneys' Fees Pursuant to Settlement Agreement

Line 4

Proposed Conservatee: PLOUGH, JILL C.

Petitioner: Hong, Bennett

Petitioner: Plough, Kenneth A., II (KING, EDWARD VINCENT, JR)

Petitioner: WIECHMANN, KATHERINE (ROWE, JESSICA L.)

Proposed Conservator: DE LA FUENTE, RYAN

Conservatee: PLOUGH, JILL C.

Conservator: DE LA FUENTE, RYAN (KOHLER, JEAN M.)

Respondent: HONG, BENNETT (RIFFLE, EDWARD J.)

Objector: PLOUGH, KENNETH, II (LEDGERWOOD, HEATHER
KING, EDWARD VINCENT, JR)

Child: PLOUGH, CHRISTOPHER

Child: PLOUGH, MICHAEL

Child: WIECHMANN, KATHERINE (ROWE, JESSICA L.)

Court Investigator: Gonzalez, Leticia

Spouse: PLOUGH, KENNETH, II (LEDGERWOOD, HEATHER
KING, EDWARD VINCENT, JR)

Petition Hearing

 

Tentative Ruling:

 

APPEARANCE OPTIONAL

 

Petition for Instructions is CONTINUED to September 12, 2023 at 9:00 am for a proof of service to be filed.

 

 

 

 

 

 

19-PRO-00273

Conservatorship of SERGE BESS

 

Line 5

Proposed Conservatee: BESS, SERGE (CALLEJO, G FRANCHESCA)

Petitioner: BIBBS, PAULA R. (VANN, DENNIS)

Proposed Conservator: BIBBS, PAULA R. (VANN, DENNIS)

Conservatee: BESS, SERGE (CALLEJO, G FRANCHESCA)

Conservator: BIBBS, PAULA R. (VANN, DENNIS)

Temporary Conservator: BIBBS, PAULA R. (VANN, DENNIS)

Conservatorship Review - Biennial

 

Tentative Ruling:

 

APPEARANCE ORDERED (Zoom allowed)

 

The Court intends to set this matter on September 12, 2023 at 9:00 am for an Order to Show Cause as to why the Conservator should not be removed for failure to file compliance review documents and failure to file an account. The Court also orders counsel be appointed for the Conservatee in this matter.

 

 

 

 

 

 

22-PRO-00160

IN THE MATTER OF JANET L. CRIST-WHITZEL REVOCABLE 2006 TRUST u/d/t dated 3/24/2006

Petition to Confirm Ownership of Trust Assets Probate Code Section 850 (a) (3)
PETITION TO APPROVE ACCOUNTING FOR JANET L. CRIST- WHITZEL REVOCABLE 2006 TRUST

Line 6, 7

Petitioner: Smith, Hyla (GONZALEZ-RONDAN, CAROLINA)

Respondent: Avery, Doreen (ROMA, PATRICIA)

Decedent: Crist-Whitzel, Janet L

Beneficiary: Avery, Doreen (ROMA, PATRICIA)

Petition Hearing

Petition Hearing

 

Tentative Ruling:

 

APPEARANCE ORDERED (Zoom allowed)

 

The 850 Petition is CONTINUED to September 12, 2023 at 9:00 am for proper notice to be given pursuant to Probate Code 851(c) and for a proof of service to be filed. Parties are ordered to appear for trial setting for the Second Amended Petition to Approve Accounting.

 

 

 

 

 

 

22-PRO-00477

Estate of ORSON EDWIN REYNOLDS

FIRST AND FINAL ACCOUNT/ADMINISTRATOR PETITION FOR ALLOWANCE OF STATUTORY FEES TO PERSONAL REPRESENTATIVE AND FOR FINAL DISTRIBUTION

Line 8

Petitioner: Reynolds, Linda Irene (GABRIEL, MICHAEL LYNN)

Decedent: REYNOLDS, ORSON EDWIN

Personal Representative: REYNOLDS, LINDA IRENE

Claimant: BANK OF AMERICA, N.A.

Petition for Final Distribution

 

Tentative Ruling:

 

NO APPEARANCE

 

Petition GRANTED absent cogent objection.

 

 

 

 

 

 

22-PRO-01276

Conservatorship of Michael Antonio Lopez-Guerra

 

Line 9

Proposed Conservatee: Lopez-Guerra, Michael Antonio (STREET, MALORIE M)

Petitioner: Guadarrama, Araceli (FELDMAN, AARON R.)

Proposed Conservator: GUADARRAMA, ARACELI

Proposed Conservator: Lahargoue, Mark Gerard

Appointment of Conservator for Person

 

Tentative Ruling:

 

APPEARANCE ORDERED (Zoom allowed)

 

The Court intends to GRANT the petition and make the following order:

 

1. Araceli Guadarrama and Mark Gerard Lahargoue are appointed limited conservators of the person of Michael Antonio Lopez-Guerra and the court finds that a limited conservatorship of person is the least restrictive alternative to protect the proposed conservatee petition.

2. In lieu of the in-person interview required by Probate Code §1826(a)(1), the Court accepts the court investigator’s video conference with the proposed limited conservatee 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.

3. The following limited powers are granted to the limited conservators pursuant to Probate Code section 2351.5 and the limited conservatee’s civil and legal rights will be limited in the following areas:

• To fix the residence or specific dwelling of the limited conservatee;

• Access to confidential records and papers of the limited conservatee;

• The right of the limited conservatee to contract;

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

• Decisions concerning the education of the limited conservatee.

4. Pursuant to Probate Code §1830, the limited conservators shall file a proof of mailing for Notice of Conservatee Rights (GC-341) within thirty (30) days of appointment.

5. A nonappearance hearing on the limited conservator’s filing of the following documents is set for September 6, 2023.

a. Determination of Conservatee’s Appropriate Level of Care (GC-355)

b. Confidential General Plan (PR-22)

6. The limited co-conservators are ordered to attend the conservator education class within six (6) months of being appointed conservator and a Proof of Completion be filed with the Court. 

7. The assessment of $850 is ordered and deferred at this time.

8. The conservatorship be reviewed in one (1) years time.

 

 

 

 

 

 

 

22-PRO-01388

Guardianship of Eduardo Augusto Conte Maudet

 

Line 10, 11

Petitioner: Camargo Platt, Fabricia (HORNE, JENNIFER ELIZABETH)

Petitioner: Conte, Alex Sandro (HORNE, JENNIFER ELIZABETH)

Ward: Conte Maudet, Eduardo Augusto

Proposed Guardian: Camargo Platt, Fabricia

Proposed Guardian: Conte, Alex Sandro

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, make findings of abandonment and make the following orders:

1. Alex Sandro Conte and Fabricia Camargo Platt are appointed guardians of the person of Eduardo Augusto Conte Maudet.

2. In lieu of the in-person interview required by Local Court Rule 4.77.8 (A), the court accepts the Zoom interview conducted by the court investigator via video conference 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.

3. The guardian shall immediately notify the Court in writing of any significant change in circumstances impacting his ability to continue as the minor’s guardians, including, but not limited to:

a) Changes in the guardian’s address and/or telephone numbers.

b) If the minor is no longer residing in the guardians’ home, why the minor moved and the name, relationship, address and telephone number of the person with whom the minor resides.

c) Any significant physical or mental health issues of the guardians or minor impacting the ability of the guardian to continue in their capacity as guardian.

d)  Any significant change, traumatic event, or major disruption impacting the minor or guardian’s ability to continue in their capacity as guardian.

e) The guardian’s inability to continue their duties and obligations as the child’s guardian.

A copy of any such notice to the court should also be delivered to the Office of the Court Investigator.

4. The Court investigation in this matter is in compliance with the mandates of the Probate Code. All of the assessment of $850 against the guardianship is waived on the basis of hardship.

 

 

 

 

 

 

 

23-PRO-00077

Estate of Dalbir Singh Negi

 

Line 12

Petitioner: Negi, Jyotsana Pearl (JEN, ROXANNE T.)

Decedent: Negi, Dalbir Singh

Proposed Personal Representative: Negi, Jyotsana Pearl

Letters of Administration Hearing

 

Tentative Ruling:

 

NO APPEARANCE

 

Petition GRANTED absent cogent objection.

 

 

 

 

 

 

23-PRO-00080

Estate of Aage Henry Jacobsen

 

Line 13

Petitioner: Thomas, Herb (LUND, GREY R.)

Decedent: Jacobsen, Aage Henry

Proposed Personal Representative: Thomas, Herb

Letters of Administration Hearing with ATA

 

Tentative Ruling:

 

NO APPEARANCE

 

Petition GRANTED absent cogent objection. Formal order required.

 

 

 

 

 

 

23-PRO-00081

Conservatorship of Samuel Beltran Arredondo

LIMITED

Line 14

Proposed Conservatee: Arredondo, Samuel Beltran (WILKINS, PAUL A.)

Petitioner: Arredondo, Zulma Beltran de (CABRASAWAN, FEB ROMAN)

Proposed Conservator: Arredondo Beltran, Jessica Jamelette

Proposed Conservator: Arredondo, Zulma Beltran de

Appointment of Conservator for Person

 

Tentative Ruling:

 

APPEARANCE ORDERED (Zoom allowed)

 

The Court intends to GRANT the petition and make the following orders:

 

1. The Court finds that a limited conservatorship of person is the least restrictive alternative to protect the proposed conservatee and Zulma Beltrand de Arredondo and Jessica Jamelette Arredondo Beltran are appointed limited conservator of the person of Samuel Beltran Arredondo.

2. In lieu of the in-person interview required by Probate Code §1826(a)(1), the Court accepts the court investigator’s video conference with the proposed limited conservatee 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.

3. The following limited powers are granted to the limited conservators pursuant to Probate Code section 2351.5 and the limited conservatee’s civil and legal rights will be limited in the following areas:

• To fix the residence or specific dwelling of the limited conservatee;

• Access to the confidential records and papers of the limited conservatee;

• The right of the limited conservatee to contract;

• The power of the limited conservatee to give or withhold medical consent; and

• Decisions concerning the education of the limited conservatee.

4. Pursuant to Probate Code §1830, the limited conservators file a proof of mailing for Notice of Conservatee Rights (GC-341) within thirty (30) days of appointment.

5. A nonappearance hearing on the limited conservator’s filing of the following documents is set for September 8, 2023:

a. Determination of Conservatee’s Appropriate Level of Care (GC-355)

b. Confidential General Plan (PR-22)

6. The limited conservator Jessica Jamelette Arredondo Beltran is ordered to attend the conservator education class within six (6) months of being appointed conservator and a Proof of Completion be filed with the Court.

7. The requirement to attend the conservator education class for Zulma Beltran de Arredondo is deferred.

8. The assessment of $850 is ordered and deferred at this time.

9. The conservatorship be reviewed in one (1) years time.

 

 

 

 

 

 

 

23-PRO-00084

Guardianship of Chanel Rain Iorio, Nevaeh Rose Ramey, Anthony James Ramey

 

Line 15

Petitioner: Reyes, Barbara Ann (DEMAS, HARRY)

Ward: Iorio, Chanel Rain

Ward: Ramey, Anthony James

Ward: Ramey, Nevaeh Rose

Proposed Guardian: Reyes, Barbara Ann

Appointment of Guardian for Person of the Minor

 

Tentative Ruling:

 

APPEARANCE ORDERED (Zoom allowed)

 

Petition DENIED without prejudice for failure to file an Amended Petition indicating Minor Chanel Iorio’s paternal relatives and failure to file proof of service or consent for all relatives in the 2nd degree.

 

 

Hearings Total: 15

 

© 2023 Superior Court of San Mateo County