Probate Department Tentative Rulings for Wednesday


Department 28-Courtroom 2F

Hon. George A. Miram

August 16, 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


Continued or Dropped Matters

Case No

Case Name

Case No

Case Name

Court Call OK?

Case No

Case Name






Conservatorship of Jimenez-Pelaez

Estate of Maloney

Estate of Mocelin

Estate of Bernstein-Order Required

Estate of Stephens


Jack Power Special Needs Trust

Status on Petition to Approve Account, Confirm Resignation, Ratifying Compensation, Authorizing Future Fees, and Transferring Trust Jurisdiction//**Attachment of invoices does nothing to justify the fee request.  No records showing actual work performed by the trustee have been provided.  The present request for trustee fees is DENIED.  The special needs beneficiary is not in a position to object.  The accounting was not amended to reflect the inadvertently left off fees already paid.  $400/hour is grossly excessive for the work which has been performed given the total absence of justification and the discount claimed is not adequate.  The Court is not impressed with the work of the trust advisory committee as it does not appear to have any concern with any of the fee requests, regardless of the admitted error. The Court approves $25,000 per year in reasonable trustee fees for a total of $100,000 only.  The Trustee is ordered to reimburse the difference to the trust forthwith.  Independent Counsel is appointed to review the trustee’s actions and make recommendations to the Court regarding suspension or other action, report to be filed by September 15, 2017, and hearing set for the 27th of September, 2017, at 9am..




**Appearance Optional, However, failure to appear will be viewed as waiver of oral argument and the court may issue an order that differs from the tentative ruling. 




Estate of Karr

Amended Petition for Final Distribution, Objections//**Appear.



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




Sollecito v. Avila-Hurtado

Elder Abuse TRO//*Appear.  Proof of service is on file.



Steiner Trust

Off Calendar





In re Cox

Authorization for Medical Procedure//*Appear to address issue of waiver of notice.



Estate of Bernhardt

Continued to 10-11-17





























































© 2017 Superior Court of San Mateo County