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-Tentative Rulings




Tentative Rulings, Nevada City - Probate

>Tentative Rulings for Friday, May 22, 2015

Tentative Rulings for Friday, May 22, 2015 

1. P14825 Guardianship of Emily Traylor

The 3rd Accounting is approved. Bond is reduced to $90,000.00. A review hearing is set for May 19, 2017, at 9:00 am in Dept. 6. No appearances are required.

2. P14839 Vollmer Trust

Petitioner Clifford Niman’s Petition to Appoint Successor Trustee is dropped. As this case remains on appeal, the Superior Court lacks jurisdiction to make any orders. CCP §916.
“[W]hether a matter is 'embraced' in or 'affected' by a judgment within the meaning of section 916 depends upon whether postjudgment trial court proceedings on the particular matter would have any impact on the 'effectiveness' of the appeal. If so, the proceedings are stayed….” Franklin & Franklin v. 7-Eleven Owners for Fair Franchising (2000) 85 Cal. App. 4th 1168, 1173 (citing CCP §916). Accord Young v. Tri-City Healthcare Dist. (2012) 210 Cal.App.4th 35, 51: “In determining whether a proceeding is embraced in or affected by the appeal, we must consider the appeal and its possible outcomes in relation to the proceeding and its possible results.” Here, the very issue of removal of trustee and appointment of successor trustees is on appeal. Moreover, CCP § 377.41 provides that a substitution of a party in an appeal must be made in the reviewing court. Accordingly, this Court lacks the jurisdiction to make the order proposed.

3. P15188 Conservatorship of Jared West

Conservatorship to continue. The next review hearing is set for May 1, 2017, at 9:00 am in Dept. 6. The court investigation fee is waived. No appearances are required.

4. P15502 Nelson Trust

This tentative ruling is issued by Pro Tem Judge Angela L. Bradrick. Appearances are required for hearing for the First Account. The court intends to set a hearing date for a short cause contested hearing relating to the objections. Counsel are directed to bring their calendars updated through the end of June 2015.

5. P15644 Estate of Carolyn Rice

The Petition for Final Distribution is granted as prayed. No appearances are required.

6. P15732 Estate of Frederick Niman

The Petition for Special Administration filed by Clifford Niman is denied. A competing petition was filed by the named executor of the will who has priority to act.

The Petition to Administer Estate filed by Barbara Lee is granted; full authority; bond is waived. No appearances are required.

7. P15767 Estate of Arlene Tofte

The Petition to Administer Estate is continued on the court’s own motion to June 12, 2015, at 9:00 am in Dept. 6. The court’s file is missing the original will. No appearances are required.

8. P15768 Hoffman Trust

The Petition for Order to Terminate Trust and for Declaratory Judgment is granted as prayed. No appearances are required.

9. P15772 Bullis Trust

The Petition to Determine Validity of Trust Amendment; Instructions; Confirming Trust Assets is continued on the court’s own motion to June 12, 2015, at 9:00 am in Dept. 6. The court requires a copy of the original trust to be filed for review by the court. Such document shall be filed by May 29, 2015. No appearances are required.

10. P15775 Estate of Kelly Mercer

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

11. P15776 Estate of Paul Swenson

The Spousal Property Petition is granted as prayed. No appearances are required.

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This is the Court’s 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.