LASSEN SUPERIOR COURT

DEPARTMENT ONE

 

TENTATIVE RULINGS

 

February 8, 2010

 

Hon.  F. Donald Sokol, Presiding

 

* * *

 

(NOTE TO COUNSEL AND PARTIES: The court provides tentative rulings on law and motion matters only for information to the parties in preparation for the hearing. The court does NOT issue tentative rulings pursuant to California Rule of Court 3.1308, and the procedure set out in that Rule does not apply.)

 

[Record Disclosures by Judge Sokol: Mr. Daniel Bruce is a court Guardianship/Conservatorship Investigator.  Ms. Nina Dupont-Stone, M.A. is a court Mediator.  Ms. Diane Tetreault, M.A. is a court Mediator. Mr. Jon Nakanishi is the court Family Law Facilitator.]

 

 

 

8:00 CALENDAR

 

FS47153

Harrod, Megan v. Briones, Brandon

OSC:  Modification of Custody & Visitation

 

The proof of service of the OSC of Respondent shows that it was not served until February 1, 2010, only four court days prior to the hearing.  CCP section 1005(b) requires service 16 court days prior to the date of the hearing.  If Petitioner appears and waives the service defect, the parties will be referred to mediation to determine whether an agreement can be reached, to return to court at 4:00 p.m.  If no agreement is reached, the court will either accept the recommendation of mediation or set the matter for an evidentiary hearing.

 

If the service defect is not waived by Petitioner, the court will take OSC off calendar without prejudice for reissuance.

 

FL49412

Dotson, Zachary v. Dupree, Shaileen

Motion to Set Aside Paternity Judgment

Paternity Test Report

 

At the hearing on January 6, 2010, the parties and Trindad Escobedo were referred to the Department of Child Support Services for genetic testing to determine the paternity of Christopher Escobedo.  If the paternity tests show that Petitioner Zachary Dotson is the father of Christopher Escobedo, the court will set the matter for an evidentiary hearing to determine if it is in the best interest of Christopher Escobedo for the court to set aside the declaration of paternity.

 

46342

McDowell, Lauri v. McDowell, Stephen

Status Review on Mediation Referral

 

The court will review any evaluation furnished by mediation to determine whether adjustments are needed to the parenting plan which was set forth in the interim child custody agreement and order of April 16, 2009.

 

FL48256

Miller, Nathan v. Smith, Katelyn

OSC:  Modification of Custody & Visitation

OSC:  Modification of Custody, Visitation, Injunctive Order, Temporary Orders

 

The OSC was served by mail on January 15, 2009, 14 days prior to the date of the hearing.  CCP section 1005(b) requires all moving and supporting papers to be served and filed at least 16 court days prior to the date of the hearing.  Also, an additional 5 calendar days are required if service is completed by mail.

 

If Respondent does not appear and does not waive the defective service, the court will take the matter off calendar without prejudice for reissuance and proper service on the Respondent.

 

FS36506

Wade, Amber v. Wade, Joseph

OSC:  Modification of Custody

 

The parties will be referred to mediation to determine whether an agreement can be reached, to return to court at 4:00 p.m.  If no agreement is reached, the court will either accept the recommendation of mediation or set the matter for an evidentiary hearing.

 

 

 

1:30 CALENDAR

 

P6931

Brewer, Daniel

Final Review

 

Upon the filing and reading of the letter from the ward, Daniel Brewer, and the letter from the guardians Max and Patricia Brewer, the court accepts these letters as a final report and will terminate the guardianship.

 

P7802

Parker, Anthony

Status Review Re:  Washington State Guardianship

 

The court will inquire whether the guardianship proceeding has been commenced in the State of Washington and if that has occurred, the court will terminate the Lassen County temporary guardianship.  If the Washington proceeding has not been commenced, the court will grant another continuance.

 

P7803

Gibson, Trinity

Appointment of Guardian of Minor

 

The court has reviewed the report filed by the guardianship investigator and the guardianship report filed by CPS as well as the responses of Sarah Gibson and Stan and Patty Gibson.  Based upon this review, the court intends to grant the petition for guardianship of Michele and Alan Gibson and a review will be set for one year from the date of the order appointing guardian.

 

P7833              Huntsman, Haley:     Appointment of Guardian of Minor

P7833A           Huntsman, Taylor:    Appointment of Guardian of Minor

P7833B           Huntsman, Ryan:      Appointment of Guardian of Minor

 

The proofs of service attached to the notice of hearing in each of these three cases were not properly completed.  Therefore, the court will continue these matters to March 29, 2010, at 1:30 p.m. to allow proper service to the persons entitled thereto.

 

P7269

Williams, Dean

Petition for Termination of Conservatorship; Compensation of Services, Disbursement

 

The date on the notice of hearing of the petition is incorrect in that it states the hearing date is February 8, 2009, at 1:30 p.m. rather than the correct date, February 8, 2010, at 1:30 p.m.  The court will therefore grant a continuance of the matter until February 22, 2010, at 1:30 p.m. so that proper notice of the petition may be affected on the persons entitled thereto.

 

P7751

Twidwell, Hallie

Final Accounting & Report of Conservator,

Petition for Fees as to County Counsel as Temporary Conservator

 

The court has reviewed the final account and report of temporary conservator and petition for fees which appear to be in order with the exception that the social security retirement payments for the months of January through March 2009, and November 2009 are not accounted for.  The court will inquire into this matter and if a satisfactory explanation is given the court will accept, settle and approve the report and account and order County Counsel to be paid, conservator’s fees granted and reimbursement to the County for the bond fee, all as prayed for.

 

P7752

Widman, Lorraine

Biennial Review & Accounting

 

The court has reviewed the investigator’s report and agrees with the same.  The actions of conservator have been in the best interest of conservatee and will be approved.  Further, the conservatorship should continue.  However, an account had not been received at the time of review and the court will inquire why this has not been done if it has not been filed by the date of the hearing.

 

P7768

Criswell, Lillian

Petition for Instructions Regarding Life Insurance Policy

 

The court will direct the conservator to cancel the life insurance policy in question and obtain cash value for the benefit of conservatee.

 

P7799

Calwell, Glenn

Petition for Instructions Regarding Life Insurance Policy

 

The court will direct conservator to cancel the NGL insurance policy number 0736325.

 

P7810

Niemeyer, Elsa

Appointment of Conservator

 

The court will inquire as to the status of the evaluation as it had not been filed with the court at the time of review.  If, subsequent to the evaluation completion conservatee still contests the conservatorship, the matter will be set for an evidentiary hearing to determine whether the petition for conservatorship should be granted.  Temporary orders will remain in full force and effect.

 

P6754

Zenith, Archie

OSC Re:  No Accounting & Final Distribution

 

No response to the OSC for dismissal due to failure to prosecute pursuant to Rule 3.1340 has been received by the court at the time of review.  Further, no accounting has been received from Executor John Zenith.  If no response to the OSC has been filed by the date of the hearing, the case will be dismissed, pursuant to Rule 3.1340.

 

P7508

Olinger, Michael

Petition for Order Approving Settlement of Wrongful Death Action

 

The court will approve the first account and report of personal representative and grant the petition for preliminary distribution.  The court will reserve the issue as to whether Petitioner is the sole beneficiary under the terms of the Will until the final account and report is filed.

 

P7798

Boyles, Valton

Petition for Distribution on Waiver of Account, and for Fees and Costs

 

The report and petition for distribution and waiver of account and for fees and costs appears to be in order and the court will approve such report and petition and payment of fees and costs as prayed.

 

P7804

Grigsby, R. E.

Petition for Modification of Trust Terms

 

At the hearing on October 19, 2009, the court ordered Petitioner to file and serve a declaration setting forth the value of the trust assets in order that the court can determine the merits of the tax consequence of granting the petition.  At the time of review no such declaration had been received by the court.

 

The court discloses that prior to becoming judge in 2007 I represented the Petitioner in an unrelated matter.

 

P7835

Hawkins, Leanna

Probate of Will, Letters Testamentary

 

The proof of publication of the amended notice of petition to administer estate was filed with the court February 3, 2010.  Notice has been given as provided by law and the Petition for Probate and for Letters Testamentary will be granted.

 

 

4:00 CALENDAR

 

Dv49541

Merino, Krystle v. Vega, Emmanual

Report of Mediator

 

At the time of review the file was not available to the court.

 

DV49881

Castodio, Victoria v. Castodio, Jeffery

Report of Mediator

 

At the time of review the file was not available to the court.

 

DV49884

Baez, Dakota v. Zimlich, Teresa

Report of Mediator

 

Neither party has yet reported to mediation as ordered February 1, 2010.  The court will therefore continue the matter to February 15, 2010, at 4:00 p.m. to allow the parties to mediate and to receive a report from mediation.

 

FL49681

Lester, Jolene v. Lester, Shane

Report of Family Law Facilitator

 

The parties will be re-referred to the Family Law Facilitator to calculate spousal support.

 

It has been brought to the attention of the court that Respondent filed a petition for dissolution in case number 49687, one day subsequent to the filing of the within case,  in which the Respondent appeared January 27, 2010, thereby waiving any service defect.  Therefore, the court quashes the service of summons in case number 49687, and said case is hereby dismissed.

 

FS39765

King, Doug v. King, Peggy

Report of Mediator

 

Mediation has advised the court that the parties failed to reach an agreement so the court will set an evidentiary hearing for the domestic violence issues.

 

Temporary restraining orders will remain in effect and the court will order interim visitation and exchanges as agreed by the parties and as set forth in the letter of February 4, 2010, from mediation to the court, copies of which went to the parties.  The court will direct the clerk to include a copy of said letter to be attached to the minutes of this hearing.

 

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