Probate Department Tentative Rulings for Tuesday

Probate Tentative Rulings

Department 28-Courtroom 2F

Hon. George A. Miram

June 20, 2017

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 Required

Continued or Dropped Matters

 

Case No

Case Name

Case No

Case Name

Court Call OK?

Case No

Case Name

 

123636

124094

124121

Kane Trust

Conservatorship of Wohl

Conservatorship of Torres

121927

Estate of Posey

Final Account, Request for Fees, Request for Advance Approval of Fees Not Yet Incurred //**Approved with the exception of pre-approval of attorneys’ fees as to which the request is DENIED.

Yes

 

**Appearance Optional, However, failure to appear will be viewed as waiver of oral argument and the

16-0298

 

16-0405

16-0431

16-0491

Guardianship of Tovo Children

Order Required

Estate of Miller

Conservatorship of Avila-Chicas

Estate of Kaplan

122904

Conservatorship of Laham

Petition for Approval of Settlement//**GRANTED.

Yes

 

court may issue an order that differs

from the tentative ruling based on argument presented by those who attend, or based on further consideration of the papers. 

 

17-0086

17-0248

Conservatorship of Underwood

Spitz Trust

123929

Estate of Schoene

Final Distribution pursuant to settlement//**GRANTED.

Yes

 

 

17-0514

 

17-0569

Estate of Lain

Proof of Mailing Required

Estate of Acker

 

124437

Kemp v. Kemp

Elder Abuse TRO//*Appear.

No

 

*Appearance Ordered , Failure to Appear may cause Petition to be Denied or Opposition Stricken

 

 

 

126346

Estate of Redie

Petition for Attorney’s Fees, Objection//**DENIED.  The party prevailed by proving that the original contract in writing was not the ultimate agreement of the parties but that the agreement was substantially orally and behaviorally modified over time to facilitate funding and other considerations.  If the original agreement were enforced, movant would not have prevailed on the original contract claimed.  Thus there is no compelling basis to conclude that the original attorneys fee provision applies to the agreement ultimately enforced.  In the Courts’ discretion, attorneys’ fees are denied. Petitioner’s  request for costs, absent attorneys’ fees, is GRANTED.

Yes

17-0498

Petras Trust

Off Calendar-Case Settled

 

 

 

16-00423

Crum Trust

Petition for Surcharge//**The unopposed and properly served petition is GRANTED in all respects.

Yes

 

 

 

 

 

17-00583

Mills v. Mills

Elder Abuse TRO//*No proof of service is on file. Appear.

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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