April 18, 2019

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Probate Notes

  Questions regarding fees, forms or status of orderes should be directed to the Probate Unit of The Superior Court of California, County of Stanislaus Clerk's Office at 209-530-3100 between the hours of 8:00 a.m. -  4:00 p.m., Monday - Friday.

Probate Examiner, Nina Wendt, may be reached at 209-530-3180 or nina.wendt@stanct.orgDue to the volume of calls received by the Probate Examiner, it may be necessary for you to leave a message. Telephone calls are returned daily at 11:00 a.m. and 4:00 p.m.

It is the goal of the examiner to have probate notes posted five (5) calendar days prior to the hearing. If defects are noted, they mus t be corrected prior to approval of the moving papers.  If you are filing documents to cure technical defects, file-marked copies must be delivered to the Probate Examiner, City Towers Courthouse, 801 Tenth Street, Sixth Floor, Modesto, CA, at least three court days prior to the hearing (if filed less than five court day prior to the hearing, there will be a $25.00 late filing fee for each document).  For your convenience, a Drop Box is located at the security desk on the sixth floor.  If the door is closed, please slide your documents under the door.

Probate notes will be updated as needed when late-filed documents are reviewed.  Please note:  Late-filed documents that do not contain the hearing date in the caption require more time and effort to be matched to the files.  This may result in an otherwise avoidable continuance.

MONDAY, APRIL 15, 2019

 

Department 22

3:00 p.m.

 

2201093 – JOSEPH R. PICCININI TRUST III – Tentative Rulings

a) Objectors ALSAC/St. Jude Children’s Research Hospital and St. Anthony Foundation’s Motion to Compel Further Responses from Petitioner Louis Giraudo to Form Interrogatories, Set One, and Request for Sanctions in the Amount of $9,975.00 – Continued, on the Court’s motion, to May 13, 2019 at 3:00 p.m. in Dept. 22

b) Objectors ALSAC/St. Jude Children’s Research Hospital and St. Anthony Foundation’s Motion to Compel Further Responses from Petitioner Louis Giraudo to Requests for Admissions, Set One, and Request for Sanctions in the Amount of $9,975.00 – Continued, on the Court’s motion, to May 13, 2019 at 3:00 p.m. in Dept. 22 

c) Objectors ALSAC/St. Jude Children’s Research Hospital and St. Anthony Foundation’s Motion for Summary Judgment – Continued, on the Court’s motion, to May 13, 2019 at 3:00 p.m. in Dept. 22 

d) Beneficiaries Alexandria Valentine Piccinini and Dominic Giovanni Piccinini’s Motion for Summary Judgment – Continued, on the Court’s motion, to May 13, 2019 at 3:00 p.m. in Dept. 22

 

TUESDAY, APRIL 16, 2019

 

Department 22

8:30 a.m.

 

36537 ESTATE OF RONALD JAMES RICHARDSON

Tentative Ruling:  Petitioner Pamela Richardson’s Motion to Compel Response, etc. - GRANTED, in part; DENIED, in part.

The parties do not dispute that the subject discovery was served and that no formal response thereto was made.  Opposing party’s contention that the Court has granted enforcement of the alleged settlement, leaving only entry of judgment and rendering the subject discovery moot, does not comport with the Court’s Minute Order of December 19, 2019, which did not confirm the tentative ruling but instead set the matter for contested long-cause hearing which has yet to occur.  Consequently, moving party’s motion to compel response to the subject discovery is hereby GRANTED.  Opposing party shall serve complete, verified responses without objection within fifteen (15) days of this Order. 

That said, moving party does not dispute that the opposing party previously provided the requested discovery informally.  As such, sanctions are not necessary to ensure compliance with the Court’s Order as moving party already is in possession of the discovery and all that is sought is a formal, verified response.  Moreover, moving party is only entitled to expenses reasonably incurred due to the motion, not to attorney’s fees as a pro se litigant.  (Ghanooni v. Super Shuttle of Los Angeles (1993) 20 Cal.App.4th 256, 262; Kravitz v. Superior Court (2001) 91 Cal.App.4th 1015, 1021.)  Moving party has failed to demonstrate that the $1,000.00 requested is a reasonable expense, other than the $60.00 paid as a filing fee.  Accordingly, monetary sanctions of $1,000.00 are DENIED, except for the filing fee.  Opposing party shall remit this sum to moving party within fifteen (15) days of this Order. 

2200558 ESTATE OF TIMOTHY APPELBY

Discharge Review Hearing:

  • Ex Parte Petition for Final Discharge and Order omits recording information.

Recommend continuance to 05/23/19 to allow time to cure defect.

Appearance by counsel not required..

 

2201048 ESTATE OF MARIA P. MEJIA

Discharge Review Hearing:

  • Need Receipt on Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

 

2201170 ESTATE OF SANTOS PEREZ JR.

Status Review Hearing continued from 01/24/19 and 03/05/19 and 03/26/19.

PrC§12200 Status Report of Administration continued from 03/05/19 and 03/26/19:
Recommend continuance to 09/25/19 to aloow time to reach settlement agreement.

Appearance by counsel not required.

 

2201185 ESTATE OF MARY F. ROSENBAUER

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/18/19.

Appearance by counsel not required.

 

2201393 ESTATE OF DEANNA U. LOVELADY

Account Review Hearing continued from 03/12/19.

PrC§12200 Status Report of Administration continued from 03/12/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need $140.00 balance of filing fee.
  • Need Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2201455 ESTATE OF BARBARA KURRECK

Petition for Final Distribution on Waiver of Account continued from 01/31/19, 03/01/19 and 03/29/19 recommended for approval.

Recommend Discharge Review Hearing 11/15/19.

Court will sign submitted order, appearance not required..

 

PR18000001 ESTATE OF JAMES A. BRINDEIRO

Petition for Final Distribution on Waiver of Account recommended for approval.

Recommend Discharge Review Hearing 11/15/19.

Recommend vacate 05/12/19 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR18000100 ESTATE OF ROBERT RUSSELL HEINZ

Petition for Termination of Proceedings and for Discharge of Personal Representative for Want of Property Subject to Administration.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000244 ESTATE OF DONNA JEAN GIBSON

Petition for Final Distribution on Waiver of Account continued from 03/26/19 recommended for approval.

Recommend Discharge Review Hearing 11/15/19.

Court will sign submitted order, appearance not required.

 

PR18000511 ESTATE OF WALTER E. ESTEBAN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/16/19.

Appearance by counsel not required.

 

PR18000680 MATTER OF LARRY AND GAIL LEACH REVOCABLE TRUST 

Petition for Order Confirming Trust Assets continued from 01/22/19 and 03/05/19.

Recommended for approval.

Appearance by counsel mandatory.

 

PR19000134 ESTATE OF JOAN A CRUICKSHANK

Petition for Probate of Will and for Letters Testamentary continued from 03/20/19 and 04/10/19 recommended for approval.

Recommend Inventory Review Hearing 10/16/19.

Court will sign submitted order, appearance not required.

 

PR19000158 MATTER OF GLORIA STEAN WILLIAMS TRUST 

Petition for Order Confirming Validity of Trust; Confirm Successor Trustee and Confirm Trust Assets:

  • Petition gives the proper venue as Santa Clara County, not Stanislaus County, in more than one place.
  • Need Notice of Hearing pursuant to PrC§851(c).

Recommend continuance to 05/30/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000162 ESTATE OF ROBERT VICTOR EMILING

Petition for Probate of Will and for Letters Testamentary recommended for approval.

Recommend inventory Review Hearing 10/16/19.

Court will sign submitted order, appearance not required.

 

PR19000215 ESTATE OF JULIA LUISA CUEVAS

Petition for Letters of Administration:

Need Proof of Publication.

Recommend continuance to 05/31/19 to allow time to cure defect.

Appearance by petitioner (pro per) not required.

 

WEDNESDAY, APRIL 17, 2019

 

Department 21

8:30 a.m.

 

2200804 ESTATE OF JOSE MARIO RAMIREZ SR.

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2201198 ESTATE OF LOLA ROSE HERRERA-TORREGROZA

Account Review Hearing continued from 11/29/18 and 02/28/19.

No documents filed since prior hearings.  Prior notes remain:

  • Need Inventory and Appraisal.
  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2201358 ESTATE OF EVELYN L. COWAN

Inventory Review Hearing continued from 09/07/18 and 03/13/19:

  • Need Property Tax Certificate completed and filed as box not marked in caption of Item 5b of Inventory and Appraisal omitted (need supplement to Inventory and Appraisal curing this defect).

First and Final Account and Report and Petition for Final Distribution:

  • Page 2, line 3, gives incorrect date for issuance Letters.
  • Page 4, line 18, gives incorrect expiration date for filing of a creditor’s claim.
  • Need Schedule showing gain on sales.
  • Page 7, paragraph 5, needs to include Ex Parte Petition for Final Discharge and Order in the sentence.
  • Supplemental Inventory and Appraisal omits Property Tax Certificate in the caption.

Recommend continuance to 05/15/19 to allow time to cure defects.

Appearance by counsel not required.

 

2201404 ESTATE OF BILL HAMPTON

Account Review Hearing continued from 03/13/19.

Recommend confirm 05/14/19 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

PR18000009 ESTATE OF KENNETH LEROY SNARR

Petition for Order Setting Aside Probate Homestead continued from 03/27/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need Memorandum of Points and Authorities.
  • Need proof of personal service to living issue of decedent.

Recommend further continuance to 05/17/19 as requested by attorney to allow time to arrange for personal service for a child living in Japan.

Appearance by counsel not required.

 

PR18000320 ESTATE OF JAMES RUSSELL GRAVES

First and Final Account and Report and Petition for Final Distribution recommended for approval.

Recommend Discharge Review Hearing 11/15/19.

Court will sign submitted order, appearance not required.

 

PR18000518 ESTATE OF ILSE HARPER

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/23/19.

Appearance by counsel not required.

 

PR18000525 ESTATE OF MARGIE MARTINEZ

Related Case No. PR19000244.

Petition for Letters of Administration continued from 10/24/18, 11/27/18, 01/23/19 and 03/14/18 filed by John J. Flores, son of decedent.

No documents filed since prior hearings.  Prior notes remain:

  • Item 8 of petition does not list all relationships.
  • Item 4 of Waivers of Bond by Heir omits name of personal representative.
  • Need Duties and Liabilities of Personal Representative.
  • Need Notice of Petition to Administer Estate.
  • Need Letters with original signatures.

Competing petition filed by Melinda Gonzalez, daughter of decedent.

Recommend continuance to 05/15/19 to coincide with continued hearing on competing petition.

Possible Long Cause Matter.

Appearance by petitioner (pro per) not required.

 

PR18000832 ESTATE OF KENNETH G. KIMBLE

Related Case No. PR19000235.

Petition for Letters of Administration (Ancillary) filed by attorney Kulwinder Kenea Bain on behalf of personal representative of decedent’s estate in Michigan continued from 03/28/19.

  • No written objection filed by John Gorman as ordered in 01/31/19 Minute Order.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000075 MATTER OF THE 2007 WRIGHT FAMILY TRUST

Successor Trustee Casey Brown’s Petition for Instructions continued from 03/13/19:

  • Need Notice of Hearing by mail and personal service.

Recommend further continuance 06/13/19 to allow time to give notice of hearing by mail and by personal service.

Appearance by counsel not required.

 

PR19000163 MATTER OF RAYMOND Q. BLAKE AND RAMONA A. BLAKE TRUST

Petition to Instruct Successor Trustee to Transfer Assets to the Successor Trustee of the Raymond Q. Blake and Ramona A. Blake Revocable Trust Dated 11/16/93 and for an Order Authorizing and Directing the Transfer of Assets to the Successor Trustee of the Raymond Q. Blake and Ramona A. Blake Revocable Trust Dated 11/16/93:

  • Need names and relationships of all persons given notice.
  • Need points and authorities.

Objection on file.

Possible Long Cuase Matter.

Appearance by counsel mandatory.

 

PR19000235 ESTATE OF KENNETH G. KIMBLE

Related Case No. PR18000832.

Petition for Probate of Will and for Letters of Administration with Will Annexed 

(Ancillary) filed by attorney John Gorman on behalf of daughter of decedent.

  • Item 8 of petition does not list all names in the Will.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000243 ESTATE OF JERRELL R. CURTIS

Petition for Probate of Will and for Letters Testamentary:

  • Need clarification for all adult daughters residing at same address.
  • Need Proof of Publication from Oakdale Leader.

Recommend continuance to 05/22/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000244 ESTATE OF MARGIE MARTINEZ

Related Case No. PR18000525.

Petition for Letters of Administration filed by Melinda Gonzalez, daughter of decedent:

  • Need bond in amount of $246,000.00 or Waiver of Bond by Heir signed by John J. Flores.
  • Item 3g(2)(a) of petition omitted.
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
  • Need Notice of Petition to Administer Estate.
  • Need Order for Probate.
  • Need Letters of Administration with original signature.Possible Long Cause Matter.

Recommend continuance to 05/15/19 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

THURSDAY, APRIL 18, 2019

 

Department 22

8:30 a.m.

 

2200613 ESTATE OF ORVILLE TRUITT CUNNINGHAM

Amended First and Final Account and Report and Petition for Final Distribution continued from 03/29/19 recommended for approval.

Recommend Discharge Review Hearing 11/19/19.

Court will sign submitted order, appearance not required.

 

2200636 ESTATE OF LEONORE KOERTGEN KEN

Discharge Review Hearing continued from 02/14/19 and 03/20/19:

  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

 

2200646 ESTATE OF BERENISE JIMENEZ GONZALEZ

First and Final Account and Report and Petition for Final Distribution continued from 02/06/19 and 03/29/19:

  • Need Letters of Guardianship for the estate (current Letters of Guardianship are for the person only).

Recommend continuance to 05/23/19 to allow time for issuance of Letters of Guardianship for the Estate.

Appearance by counsel not required..

 

2200679 ESTATE OF CAROLYN LOUISE KENNEDY

Petition for Final Distribution on Waiver of Account continued from 03/21/19.

No documents filed since prior hearing.  Prior notes remain:

  • Page 2, line 13, gives incorrect expiration date for filing of creditor’s claims.
  • Page 3, line 15, gives incorrect statement that real property is only asset of Inventory and Appraisal.
  • Need language re family/affiliate relationship pursuant to PrC§1064(a)(4).
  • Page 4, paragraph 15, need language re cash being held in interest bearing account pursuant to PrC§1064(a)(5).
  • Page 4, paragraph 16, does not state that beneficiary waives an accounting.
  • Need list of all assets on hand for distribution including cash and household furniture and furnishings.  If no longer an asset, please explain reason.
  • Need copy of closing statement for sale of real property.  If real property sold, it is no longer an asset to be distributed and should not be included in the petition.  In addition, there should be cash on hand from the sale and is an asset of the estate and should be distributed.
  • Need schedule of gain from sale of real property.
  • Need Order.

Appearance by personal representative (pro per) mandatory.

 

2201159 ESTATE OF PATRICIA ANN MUGRAUER

Discharge Review Hearing vacated.

 

2201256 MATTER OF JOSEPH AND CARRIE AMARAL 1995 TRUST

First Amended Petition/Complaint filed by attorney Bruce E. Ramsey continued from 08/21/18, 09/28/18, 12/14/18 and 03/01/19:

  • Need status re mediation.

Appearance by counsel mandatory.

 

2201288 ESTATE OF JOSEPH R. ESCOBAR

PrC§12200 Status Report of Administration.

Recommend continuance to 09/19/19 as requested to allow time to complete real property matters.

Appearance by counsel not required.

 

2201420 ESTATE OF JOHN ALLEN BARNES

First Account and Report and Petition for Preliminary Distribution recommended for approval.

Recommend Account Review Hearing 10/16/19.

Court will sign submitted order, appearance not required.

 

2201460 ESTATE OF FRANCISCO CORONA

Account Review Hearing.

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

PR18000515 ESTATE OF BARBARA BUDROW

Inventory Review Hearing:

  • Partial No. 1 Inventory and Appraisal on file.
  • Need Final Inventory and Appraisal.

Recommend continuance to 06/18/19 to allow time to complete the claims filed with the State Controller's Office for unclaimed property of decedent.

Appearance by counsel not required.

 

PR18000554 ESTATE OF CLIFTON WISE

Petition for Final Distribution on Waiver of Account recommended for approval.

Recommend Discharge Review Hearing 11/19/19.

Court will sign submitted order, appearance not required.

 

PR19000157 ESTATE OF BEVERLY TOBEY

Petition for Letters of Administration continued from 03/22/19 recommended for approval.

Recommend Inventory Review Hearing 10/18/19.

Court will sign submitted order, appearance not required.

 

PR19000164 MATTER OF MARCUS E. COX AND DOLORES A. COX TRUST

Petition to Instruct Trustee to Transfer Assets to the Trustee of the Marcus E. Cox and Dolores A. Cox Trust Dated November 9, 1995 and as Amended February 12, 2015, and for Order:

  • Missing consents from trust beneficiaries.
  • Need Assignment of assets to trust signed by trustees.
  • Need Notice of Hearing pursuant to PrC§851(c).

Recommend continuance to 06/13/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000166 MATTER OF BONNIE L. NEWTON

Spousal Property Petition continued from 03/29/19:

  • Need proof of personal service to brother of decedent.

Recommend continuance to 05/23/19 to allow time to cure defect.

Appearance by counsel not required.

 

PR19000233 ESTATE OF BARBARA L. SILVEIRA 

Petition for Probate of Will and for Letters Testamentary:

  • Item 3e(1) of petition omitted.
  • Item 3e(2) of petition inappropriately marked (do not need Waivers of Bond by Beneficiary).
  • Item 3f(2) of petition not fully completed as Wil is self-proving.
  • Item 8 of petition does not list all names exactly as they appear in Will (aka can be used).
  • Need Duties and Liabilities of Personal Representative.
  • Need Notice of Petition to Administer Estate. 
  • Need Order for Probate.
  • Need Letters Testamentary with original signature.

Recommend continuance to 06/13/19 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

PR19000251 ESTATE OF PAULINE DUKE

Petition for Probate of Will and for Letters Testamentary recommended for approval.

Recommend Inventory Review Hearing 10/18/19.

Court will sign submitted order, appearance not required.

 

PR19000329 MATTER OF DOLORES LOUISE COLE

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

FRIDAY, APRIL 19, 2019 

No probate matters scheduled.

 

MONDAY, APRIL 22, 2019 

No probate matters scheduled.

 

TUESDAY, APRIL 23, 2019 

No probate matters scheduled.

 

WEDNESDAY, APRIL 24, 2019 

No probate matters scheduled. 

 

THURSDAY, APRIL 25, 2019

No probate matters scheduled.

 

FRIDAY, APRIL 26, 2019

No probate matters scheduled.

 

MONDAY, APRIL 29, 2019 

No probate matters scheduled.

Last updated: April 15, 2019 1:00 PM