Civil & Probate

-ADR
  ADR Forms
  ADR FAQ's


-Case Management
  Mediation Panel
  Case Management Forms

-Probate
  Probate FAQ's

-Tentative Rulings




Tentative Rulings, Nevada City - Probate

>Tentative Rulings for Friday, October 24, 2014

Tentative Rulings for Friday, October 24, 2014 

1. P14125 Conservatorship of Laura Goetz

Conservatorship to continue. The next review hearing is set for October 21, 2016, at 9:00 am. The court investigation fee is waived. No appearances are required.

2. P14148 Conservatorship of Shanna James

Conservatorship to continue. The next review hearing is set for October 21, 2016, at 9:00 am. The court investigation fee is waived. No appearances are required.

3. P14548 Conservatorship of Benjamin Smith

Conservatorship to continue. The next review hearing is set for October 21, 2016, at 9:00 am. The court investigation fee is waived. No appearances are required.

4. P15068 Conservatorship of Michael Dunigan

Conservatorship to continue. The next review hearing is set for October 21, 2016, at 9:00 am. The court investigation fee is waived. No appearances are required.

5. P15572 Estate of Darlene Rucker

The Review Hearing on the Petition to Determine Ownership is dropped. The Order was signed on October 7, 2014. No appearances are required.

6. P15663 Estate of Leslie Orr

The Amended Petition to Determine Succession is granted as prayed. No appearances are required.

7. P15664 Estate of Alice Fountain

The Petition to Administer Estate is continued on the courtís own motion to November 14, 2014, at 9:00 am. The proof of service in the courtís file is not signed or dated. In addition, the courtís file is missing the proof of publication, proof of subscribing witness, and signed Duties. In addition, because bond is not waived in the will as to Petitioner Kathy Miller, bond will need to be set at $160,000 or waivers of bond must be received from James, Christi, and Jarod Cheatham. No appearances are required on October 24, 2014.

8. P15672 Litchfield Trust

Appearances are required for hearing on Petition to Confirm 8th Amendment; to Confirm Successor Trust; to Compel Account; for Constructive Trust. The Court requires a status from William Litchfield and Melinda Monaghan.

9. P15674 Conservatorship of Duane Myers

Appearances are required for hearing on the Petition to Appoint Conservator, as conservatee informed court appointed counsel that he would like to attend. No procedural defects are noted. However, the court notes that Petitioners requested that bond be waived based on a waiver in the Durable Power of Attorney. Unfortunately, this court was unable to locate any waiver of bond within that document. Thus, bond will be required at $340,000.

10. P15677 Cook Trust

The Petition for Accounting is continued on the courtís own motion to November 14, 2014, at 9:00 am. The Petition was not timely served or filed as required by Probate Code ß17203. Petitioner shall re-serve all required parties and file a proof of service of the continued hearing date by October 31, 2014. No appearances are required.
______________________________________________________________________________

This is the Courtís tentative ruling. Attorneys and parties are urged to review the tentative rulings prior to the scheduled hearing, notify the opposing side if they intend to appear at the hearing and notify the law and motion/probate judicial assistant at (530) 265-1273 by 4:00 p.m. the court day preceding the hearing. Local Rule 8.27.

Unless the court orders otherwise, the court does not provide court reporters for probate hearings or proceedings at court expense. Any litigant who wants a record of the hearing or proceeding must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.