Probate Department Tentative Rulings for Friday

Probate

Department 28-Courtroom 2F

Hon. George A. Miram

July 20, 2018

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

Continued or Dropped Matters

Case No

Case Name

Case No

Case Name

Court Call OK?

Case No

Case Name

118615

124530

17-0155

17-1074

Conservatorship of Chang

Conservatorship of Fogliani

Conservatorship of De Alba

Estate of Goodman

123140

Sturgeon Family Trust

Motion for Summary Judgment//**DENIED. Multiple triable issues of material fact exist as to the time that respondents to this motion became aware of the amount of attorneys fees. (See Disputed Facts 1, 4, 5, and qualifications to Facts 2-3) Further, triable issues of material fact exist as to the scope of the waiver of account and whether agreement as to attorneys fees was included therein. Lastly, both the appellate court and the trial court expressly refused to approve the attorneys fees in issue and have never been asked to do so by any petition before this court. (See Disputed Facts 6, 9-13, 16-18, and qualifications to Facts 7, 8, 14, 15, 19, 20.) The questionable reasonableness of such fees which have never been approved remain the obligation of petitioners to justify as to reasonableness.

Yes

 

**Appearance Optional, However failure to appear is waiver of oral argument and court may issue order differing from tentative ruling

17-1214

18-0150

Estate of Coder

Conservatorship of Jaimes

124191

Whelan Trust

Petition for Approval of Settlement, Objection //**Appear.

Yes

 

*Appearance Ordered, Failure to

Appear may cause Petition to be

Denied or opposition stricken

18-0491

Young Trust

16-00215

Estate of Presotto

Status Report of Administratrix, Request for Fees and to continue Special Administration //**Appear.

Yes

18-0125

Achuck Trust

Continued to 8-15-18

 

 

125985

Estate of Pollard

Request for Attorney Fees//**DENIED without prejudice to bringing a claim for statutory or extraordinary fees when the petition for final distribution is brought. The present petition is premature and fails to identify whether the fees demanded are statutory or extraordinary in nature.

Yes

18-0418

Estate of Shapiro

Continued to 9-18-18

 

 

16-00562

Estate of Huang

Motion to Compel Discovery//**All requests are granted and the objections are overruled. Comply within fifteen days of notice of order.

Yes

 

 

 

 

17-00461

Estate of Castro

Petition for Instructions re pursuit of claim//**Status report and request for extension is approved.

Yes

 

 

 

 

18-00341

Conservatorship of Jackson

Appointment//**Off calendar, dismissed.

No

 

 

 

 

18-00452

Guardianship of Chamale

Appointment, SIJS//*Appear.

No

 

 

 

 

18-00564

Guardianship of Safken

Appointment//*Appear.

No

 

 

 

 

18-00577

Guardianship of Edwards Children

Appointment//*GRANTED, bond set at $257,000.

No

 

 

 

 

18-00607

Hoy Trust

Petition for Instructions re Interpretation of Trust//**GRANTED.

Yes

 

 

 

 

 

 

 

 


 

 

 

 

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