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-Tentative Rulings




Tentative Rulings, Nevada City - Probate

>Tentative Rulings for Friday, October 3, 2014

Tentative Rulings for Friday, October 3, 2014 

1. P13164 Conservatorship of Mary Chapman-Spellman

The 11th Accounting and requested fees is approved. The 12th Accounting and requested fees is approved. No appearances are required.

2. P14125 Conservatorship of Laura Goetz

The Review Hearing is continued on the court’s own motion to October 24, 2014, at 9:00 am, to allow additional time for receipt of the court investigation review report. No appearances are required.

3. P15068 Conservatorship of Michael Dunigan

The Review Hearing is continued on the court’s own motion to October 24, 2014, at 9:00 am, to allow additional time for receipt of the court investigation review report. No appearances are required.

4. P15161 Conservatorship of Juanita Howell

This tentative ruling is issued by Judge Pro Tem Angela Bradrick. The 3rd and Final Accounting and requested fees is approved. No appearances are required.

5. P15592 Estate of Marc Lehrer

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

6. P15643 Conservatorship of Christopher Howie

Appearances of conservator, conservatee, and counsel are required for hearing. The court investigation report stated that the conservatee wished to attend the hearing and the medical capacity declaration stated that conservatee is able to attend the hearing. No procedural defects are noted.

7. P15659 Estate of James Peterson

On the court’s own motion and pursuant to Code of Civil Procedure §1048, case numbers P15659 and P15661 are hereby consolidated. Case P15659 shall be the lead file and all future pleadings shall set forth that case number only.

Ms. Martineau’s Petition to Administer Estate is denied. Ms. Moody’s Petition to Administer Estate is granted. Pursuant to Probate Code §8461, Ms. Moody has priority to act as administrator. However, bond is hereby set at $150,000.00. Letters shall not issue until such bond is posted. No appearances are required.

8. P15661 Estate of James Peterson

On the court’s own motion and pursuant to Code of Civil Procedure §1048, case numbers P15659 and P15661 are hereby consolidated. Case P15659 shall be the lead file and all future pleadings shall set forth that case number only.

Ms. Martineau’s Petition to Administer Estate is denied. Ms. Moody’s Petition to Administer Estate is granted. Pursuant to Probate Code §8461, Ms. Moody has priority to act as administrator. However, bond is hereby set at $150,000.00. Letters shall not issue until such bond is posted. No appearances are required.

9. P09879 Conservatorship of Lois Azevedo

Appearances are required by the Public Guardian and County Counsel. The court seeks a status of the case and whether the Public Guardian intends to file a petition to be appointed successor conservator.

10. P12121 Conservatorship of Kathleen Pliler

Appearance of the conservator is required for hearing on the OSC re Transfer.

11. P12702 Conservatorship of Eric Carlson

The accounting, requested fees, and increase of fees to $1,000 per month is granted as prayed. No appearances are required.

12. P15676 In re Ryder Leatherman

Appearances are required for hearing on the Petition to Establish Fact of Birth.

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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.