Related Content
in Levy County
Ruling
Estate of: James Galli
Jul 24, 2024 |
P24-00673
P24-00673 ESTATE OF: JAMES GALLI
9:05 AM HEARING IN RE: PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION W/IAEA
FILED ON 4/18/2024 BY BARBARA MOLINE
Need:
1. Proof of mailing Notice of Petition to Administer Estate and copy of petition to
all heirs and beneficiaries. PrC § 8110; LR 7.151(e)
2. Waivers of bond by all beneficiaries on mandatory form DE-142
3. Proposed Order
Notes:
If waivers of bond are filed, bond will be set at $20,000.00. If waivers of bond are not
filed, the full bond of $766,000.00 will be required.
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE
COURT CALENDAR FOR JULY 24, 2024
DEPARTMENT 30
JUDICIAL OFFICER: MARK SCHMUCK
Ruling
Estate of: RICHARD WATSON
Jul 11, 2024 |
P24-00287
P24-00287 ESTATE OF: RICHARD WATSON
9:00 AM HEARING IN RE: PETITION FOR LETTERS OF ADMINISTRATION WITH IAEA FILED ON 02/13/24 BY
NEELY CAYCE
Need:
1. Verified declaration to set forth the anticipated liabilities of the decedent so
court can determine minimum bond amount. Although heirs waive bond,
petitioner is a non-resident of California. LR 7.154
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE
COURT CALENDAR FOR JULY 11, 2024
DEPARTMENT 33
JUDICIAL OFFICER: SHARA E BELTRAMO
Ruling
Matter of: THE SYLVIA J. THOMPSON TRUST
Jul 11, 2024 |
P24-00291
P24-00291 MATTER OF: THE SYLVIA J. THOMPSON TRUST
9:00 AM HEARING IN RE: PETITION TO SUSPEND AND REMOVE CO-TRUSTEE FILED ON 02/13/2024 BY DAVID
THOMPSON
Need:
1. Appearances
2. Corrected proof of mailing to complete Item # 4 which is incomplete on Proof of
Service attached to Notice filed 2-20-2024
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE
COURT CALENDAR FOR JULY 11, 2024
DEPARTMENT 33
JUDICIAL OFFICER: SHARA E BELTRAMO
Ruling
Estate of MARLEY
Jul 15, 2024 |
CVPB22-0031453
ESTATE OF KATHRYN MARLEY
Case Number: CVPB22-0031453
This matter is on calendar for confirmation of filing of Receipts and Petition for Final Discharge. A
Receipt has been filed. No Petition for Final Discharge has been filed. No Status Report has been filed
as ordered by the Court on April 15, 2024. This matter is continued to Monday, August 19, 2024, at
2:30 p.m. in Department 44 to confirm filing of the Petition for Final Discharge. If the Receipts and
Petition for Final Discharge cannot be filed prior to the next hearing date, the Court AGAIN ORDERS
a Status Report be filed and served at least five court days before the next hearing to advise what must
be accomplished before the Receipts and Petition for Final Discharge can be filed. No appearance is
necessary on today’s calendar.
Ruling
Guardianship of: Hector Melgar
Jul 08, 2024 |
P24-00432
P24-00432 GUARDIANSHIP OF: HECTOR MELGAR
9:30 AM HEARING IN RE: PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON FILED 3/12/24 BY
ALICIA YANIRA MARTINEZ
Petitioner, paternal aunt, still must do the following:
1. Appear at the hearing
2. File a verified declaration to include current addresses of maternal and
paternal grandmothers
3. Do one or the other, but not both: (1) Have a copy of the Notice of Hearing,
Petition Form GC-210 and Order Appointing Temporary Guardian personally
served on father and file Proof of Service or have him sign a consent and
waiver form (GC-211); OR (2) if he cannot be found, submit a declaration (GC-
02) explaining what efforts have been made to find him. CRC 7.52
4. Do one or the other, but not both: (1) Have a copy of the Notice of Hearing and
Petition Form GC-210 served by mail on maternal and paternal grandmothers,
and siblings, and file Proof of Service or have each person sign a consent and
waiver form (GC-211); OR (2) If a person cannot be found, submit a
declaration (GC-02) explaining what efforts have been made to find that
person. CRC 7.52
Notes:
1. Order denying temporary guardianship filed 3-12-2024.
2. Spanish Interpreter is requested.
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE
COURT CALENDAR FOR JULY 8, 2024
DEPARTMENT 33
JUDICIAL OFFICER: MARK SCHMUCK
7A. P24-00593 GUARDIANSHIP OF: FRANKLIN SUYEN CHUN
9:30 AM HEARING ON PETITION IN RE: FOR APPOINTMENT OF GUARDIAN OF THE PERSON FILED ON
04/05/2024 BY EDGAR ALEXANDER SUYEN CHOC
Need:
1. Appearances in person, not via Zoom
2. Order Appointing Guardian of Minor Form GC-240 (revised 7-1-16)
Note: Spanish Interpreter is requested.
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE
COURT CALENDAR FOR JULY 8, 2024
DEPARTMENT 33
JUDICIAL OFFICER: MARK SCHMUCK
7B. P24-00593 GUARDIANSHIP OF: FRANKLIN SUYEN CHUN
9:30 AM HEARING ON PETITION IN RE: FOR SPECIAL IMMIGRANT JUVENILE FINDINGS FILED ON 04/05/2024 BY
EDGAR ALEXANDER SUYEN CHOC
Need:
1. Appearances in person, not via Zoom
2. Proposed Order on Judicial Council Form GC-224 that contains specific, non-
conclusory findings and the basis for each finding; factual basis must
specifically state grounds of abuse, neglect and/or abandonment. Order must
contain findings that (1) reunification with ward’s parents is not viable; and, (2)
it is not in the ward’s best interest to return to his country of origin or last
habitual residence and the reason for not returning. Order must specify which
parent abused, neglected or abandoned the ward; the name of the person with
whom ward is placed; and, whether ward is married or unmarried. Also, include
any state laws upon which you base the grounds for your petition and
allegations supporting your findings.
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE
COURT CALENDAR FOR JULY 8, 2024
DEPARTMENT 33
JUDICIAL OFFICER: MARK SCHMUCK
Ruling
Matter of: RICHARD N. DODGE FAMILY TRUST
Jun 27, 2024 |
P23-01308
P23-01308 MATTER OF: RICHARD N. DODGE FAMILY TRUST
9:00 AM HEARING IN RE: PETITION TO SUSPEND & REMOVE TRUSTEE RONALD E. DODGE, REQUEST TO
APPOINT JADE L. DODGE SUCCESSOR TRUSTEE, FOR ORDER APPROVING SETTLEMENT AGREEMENT,
ATTORNEYS' FEES FILED ON 07/18/23 BY JADE L. DODGE
Need:
1. Appearances to report status, including meet and confer.
2. Proof of mailing Judicial Council Form Notice of Hearing to all persons entitled
to receive notice, except Ronald Dodge who has responded. PrC § 17203
3. Proposed Order
Notes:
a) Response and Objection filed by Ronald Dodge 8-21-2023.
b) Reply filed 8-28-2023.
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE
COURT CALENDAR FOR JUNE 27, 2024
DEPARTMENT 33
JUDICIAL OFFICER: SHARA E BELTRAMO
Ruling
EST OF MCCARTHY
Jul 15, 2024 |
CVPB19-0030038
ESTATE OF EUNICE MCCARTHY
Case Number: CVPB19-0030038
This matter is on calendar for further proceedings to finalize the Statement of Decision. Petitioner
has filed an Objection and Request for Further Ruling. Respondent has filed an Objection and
Response to the Tentative Decision and Request for Further Ruling. The Court has taken into
consideration the further briefings and has responds to the request for further findings as follows:
A&B. Did Respondent Patricia Hutchins commit Elder Financial Abuse against Eunice
May McCarthy during her lifetime, and, if so, is the Estate of Eunice May McCarthy
entitled to attorney’s fees and damages, including punitive damages, for Financial Elder
Abuse.
In order to prevail on his claim that Defendant is liable for Financial Elder Abuse
against the Decedent, the Plaintiff must prove all of the following elements:
1. That Defendant took/hid/appropriated/obtained or retained Eunice
McCarthy’s property;
2. That the decedant was 65 years of age or older or a dependent adult at
the time of the conduct;
3. That the Defendant took/hid/appropriated/obtained/or retained the
property for a wrongful use or with the intent to defraud or by undue
influence;
4. That the decedent was harmed; and
5. That the Defendant’s conduct was a substantial factor in causing the
Plaintiff’s harm.
The Court concurs with the argument of Plaintiff that, given the Court’s findings
of overwhelming evidence of the Decedent’s lack of capacity and the Defendant’s
exertion of undue influence, the Plaintiff has indeed proved all the elements
necessary to prevail in its claim for financial elder abuse. The factual basis for this
finding is already detailed in the Court’s Tentative Statement of Decision.
Petitioner is therefore entitled to damages in the amount of twice the value of the
real property at issue in this case, in addition to reasonable attorney fees, pursuant
to Probate Code Section 859. Given the Court’s findings, the Estate’s entitlement
to these damages is clear and is expressly provided for by statute. The paragraph
on page 5 of the Tentative Statement of Decision beginning, “The Court finds there
is insufficient evidence, …” should be stricken from the final Statement of
Decision. The Court maintains its order that the Grant Deed be set aside.
The Court also finds that Plaintiff established, by a preponderance of the evidence,
that the value of the subject property was $225,000 at all times relevant herein.
Thus, the prayer for judgment in the amounts set for in the Plaintiff’s closing brief
is appropriate ($500,000 plus the $16,000 in monies advanced by the Plaintiff to
pay tax arrears). Attorney fees and costs are subject to post trial motion. With
respect to any other form of ‘punitive damages’ Petitioner may be referring to in its
Objection and Response to the Tentative Statement of Decision, the Court finds
that the statutory damages imposed by Probate Code Section 859, as discussed
supra, appropriately addresses the wrongfulness of the Respondent’s conduct and
no other proof supporting other punitive damages was produced at trial.
This finding is also consistent with one of the more recent decisions interpreting
Probate Code section 859, Estate of Ashlock (2020) 45 Cal.App.5th 1066 .
C&D. Did Respondent Patricia Hutchins commit Elder Financial Abuse against Petitioner Ted
Taylor during his lifetime, and, if so, is Ted Taylor entitled to attorney’s fees and damages,
including punitive damages, for Financial Elder Abuse.
First, this appears to be a distinction without relevance. If, as Mr. Turner claims,
he is the sole heir to the McCarthy Estate, he will benefit from the judgment in
favor of the Estate by inheritance.
However, the Court is unpersuaded that he has standing to state a claim for elder
abuse on in his individual capacity under the circumstances of this case. Ted Taylor
appeared in this probate action in his representative capacity as Administrator of
the Estate of Eunice McCarthy. The Court finds that the Defendant’s offending
conduct was directed at the Decedent, not at Mr. Taylor. While he may have
individual standing to challenge distribution or the disposition of assets of an estate
where he is a potential heir, the Court in unaware of authority, and none is cited,
that where a potential heir to an estate happens to be over the age of 65, they can
state an elder abuse claim in situations where there is misappropriated property.
Petitioner is directed to prepare the Final Statement of Decision consistent with the
foregoing and a proposed judgment.
Ruling
Matter of: THE GARAVENTA FAMILY MARITAL TRUST
Jul 22, 2024 |
MSP15-02131
MSP15-02131 MATTER OF: THE GARAVENTA FAMILY MARITAL TRUST
10:30 AM HEARING IN RE: REVIEW/STATUS
Need appearances to report status
Notes:
a. Opinion filed 02/29/2024.
b. Remittitur filed 05/06/24
21A. MSP20-00844 MATTER OF: THE EUGENIA ALMEIDA DECLARATION OF TRUST DATED
DECEMBER 2, 2011
1:30 PM COURT TRIAL HEARING TO COMPEL TO PROVIDE COPY OF TRUST, ACCOUNT AND SUSPEND FILED
07/29/20 BY DAVID, JOHN, AND THOMAS ALMEIDA
Need appearances
SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY
PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE
COURT CALENDAR FOR JULY 22, 2024
DEPARTMENT 30
JUDICIAL OFFICER: VIRGINIA M GEORGE
21B. MSP20-00844 MATTER OF: THE EUGENIA ALMEIDA DECLARATION OF TRUST DATED
DECEMBER 2, 2011
1:30 PM COURT TRIAL HEARING FOR ORDER REQUIRING BENEFICIARIES TO RETURN FUNDS TO TRUST FILED
02/14/22 BY ELIZABETH REMIGIO
Need appearances
21C. MSP20-00844 MATTER OF: THE EUGENIA ALMEIDA DECLARATION OF TRUST DATED
DECEMBER 2, 2011
1:30 PM COURT TRIAL HEARING FOR APPROVAL OF 1ST AND FINAL ACCOUNT AND REPORT FILED 02/04/21 BY
LIZ REMIGIO
Need appearances