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
[Record Disclosures by
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.