Judge Cynthia Pillsbury Smith: Comprehensive Profile - Analytics, Rulings, and Recent Cases

PETITION OF NAHED FAHMY CONCERNING THE INTERNAL AFFAIRS AND THE
CONSTRUCTION OF THE 2015 AMENDMENT TO THE CATHERINE MIHOLOVICH
TRUST
TENTATIVE RULING: Respondent's Request for Judicial Notice is GRANTED. The
Petition is DENIED.
This represents the second attempt to obtain the Court's approva...

DEFENDANTS’ MOTION FOR ATTORNEY’S FEES ON APPEAL
TENTATIVE RULING: Defendants David D. Wesner, Janice L. Wesner, and Don
Wesner, Inc.’s move for an award of attorney’s fees incurred on appeal. Defendants successfully appealed and were awarded their costs on appeal. (Schmid Decl., ¶ 2.) Without any an...

PETITION FOR CHANGE OF NAME
TENTATIVE RULING: Notice has been properly published and no written objections have been filed. The petition is GRANTED without need for appearance.

PETITION FOR ORDER AUTHORIZING PARTICULAR TRANSACTIONS
TRANSFERRING ASSETS TO PETITIONER AND FOR THE TRANSFER AND
TRANSMUTATION OF RESPONDENT’S MONTHLY INCOME FOR SUPPORT OF
COMMUNITY SPOUSE
TENTATIVE RULING: Because the petition proposes a transfer of substantial assets to petitioner, the Cour...

MOTION TO AUGMENT THE ADMINISTRATIVE RECORD
APPEARANCE REQUIRED

PETITION TO TRANSFER CONSERVATORSHIP PROCEEDINGS (Pr. C. §§ 2211 - 2215)
TENTATIVE RULING: Good cause appearing, the petition is GRANTED. The
proceedings are ordered transferred to the Superior Court of California in and for the County of El Dorado.
Nancy L. Ryan v. Delta Consulting & Engineering ...

MOTION TO BE RELIEVED AS COUNSEL
TENTATIVE RULING: The motion is GRANTED. The Court will sign the proposed
order.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY, AND FOR
AUTHORIZATION TO ADMINISTER UNDER THE INDEPENDENT ADMINISTRATION
OF ESTATES ACT
TENTATIVE RULING: The Petition is GRANTED.

(1) MOTION TO STRIKE PORTIONS OF PETITIONER’S REPLY IN SUPPORT OF ITS
MOTION TO AUMENT THE ADMINISTRATIVE RECORD AND THE DECLARATION OF
ANTHONY G. ARGER IN ITS ENTIRETY.
TENTATIVE RULING: Respondent’s and Real Parties in Interest’s motion to strike portions of Petitioner’s reply in support of its ...

MOTION TO AUGMENT THE ADMINISTRATIVE RECORD
TENTATIVE RULING: The matter is continued to January 24, 2019, at 1:30 p.m. in Dept. C.

ACCOUNT AND REPORT OF GUARDIANS AND PETITION FOR ALLOWANCE OF
ATTORNEY’S FEES
TENTATIVE RULING: GRANT petition, including fees as prayed. The guardians,
Robert Jordan and Nancy Jordan, are ordered to immediately place the estate assets into interest- bearing accounts. The assets should have been p...

PETITION FOR LETTERS OF ADMINISTRATION AND AUTHORIZATION TO
ADMINISTER UNDER THE INDEPENDENT ADMINISTRATION OF ESTATES ACT
TENTATIVE RULING: GRANT Petition.

PETITION FOR PROVISIONAL ORDER TO TRANSFER CONSERVATORSHIP OF THE
PERSON TO OREGON; DIRECTING CO-CONSERVATORS TO PETITION FOR
ACCEPTANCE OF TRANSFER; AND FOR TERMINATION OF THE
CONSERVATORSHIP OF THE ESTATE
TENTATIVE RULING: The Petition is GRANTED as prayed. The accounting hearing
is vacate...

REPORT OF SALE AND PETITION FOR ORDER CONFIRMING SALE OF REAL
PROPERTY
APPEARANCE REQUIRED. The appraisal is not in the court file.

REVIEW HEARING
TENTATIVE RULING: The matter is continued to October 10, 2018, at 2:00 p.m. in Dept. C to allow the co-conservators to file: (1) Notice of Conservatee’s Rights (Judicial Council form GC-341); and (2) Determination of Conservatee’s Appropriate Level of Care (Judicial Council form GC-355). ...

REVIEW HEARING
TENTATIVE RULING: The matter is continued to October 2, 2018, at 2:00 p.m. in Dept. I to allow the co-conservators to file: (1) Notice of Conservatee’s Rights (Judicial Council form GC-341); and (2) Determination of Conservatee’s Appropriate Level of Care (Judicial Council form GC-355). I...

PETITION TO REMOVE CO-ATTORNEY-IN-FACT AND CONFIRM SUCCESSOR SOLE
ATTORNEY-IN-FACT AND AWARD OF ATTORNEY’S FEES AND COSTS
APPEARANCE REQUIRED

PETITION FOR SETTLEMENT OF FIRST ACCOUNT AND APPROVAL OF TRUSTEE,
ATTORNEY AND BOND FEES
APPEARANCE REQUIRED

PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE UPON RESIGNATION OF
TRUSTEE
TENTATIVE RULING: The matter is continued to September 11, 2018, at 2:00 p.m. in Dept. C to allow the petitioner to file a copy of the trust.

PETITION TO DETERMINE HEIRSHIP
TENTATIVE RULING: GRANT petition. Petitioner has shown good cause based on
the petition and the evidence presented. (Prob. Code, § 11704.)

FIRST AND FINAL REPORT OF ADMINISTRATOR AND PETITION FOR ITS
SETTLEMENT, FOR ALLOWANCE OF STATUTORY COMPENSATION TO
ADMINISTRATOR AND ATTORNEYS AND FOR FINAL DISTRIBUTION.
TENTATIVE RULING: GRANT petition, including fees as prayed.

PETITION FOR APPROVAL OF FIFTH ACCOUNT AND REPORT OF TRUSTEE; FOR
APPROVAL OF COMPENSATION FOR TRUSTEE AND HIS AGENTS
TENTATIVE RULING: GRANT petition, including fees as prayed.
Estate of Cooley, Lucia Hernandez 2663201
REPORT OF PERSONAL REPRESENTATIVE; PETITION FOR DISTRIBUTION ON
WAIVER O...

1) ROCKZILLA’S APPLICATION FOR ORDER DISMISSING VERIFIED FIRST-
AMENDED CROSS-COMPLAINT WITH PREJUDICE
TENTATIVE RULING: Cross-Complainants’ Request for Judicial Notice is
GRANTED. The Court may take judicial notice of the existence of each document in a court file, but can only take judicial noti...

1) DEFENDANT QUEEN OF THE VALLEY MEDICAL CENTER’S DEMURRER TO
PLAINTIFF’S COMPLAINT AND MOTION TO STRIKE
TENTATIVE RULING: Defendant’s Demurrer is SUSTAINED WITHOUT LEAVE
TO AMEND. Plaintiff’s Complaint is barred by Code of Civil Procedure section 340.5, which provides: “[i]n an action for injury ...