In the Matter of Robert Earl Cole
Petition for appointment of a conservatorship
Motion type
Parties
Ruling
to contact the Clerk of El Dorado Superior Court to ensure it has received the records and returned a receipt for the same. The Court sets a further review hearing regarding transfer of venue on July 17, 2026, at 9:00 a.m., in Department 6. Upon receipt of confirmation of transfer this date shall be vacated by the Clerk unless ordered otherwise.
6. PR0000832 In the Matter of Bonnie May McGuire Appearances are required. The parties shall update the Court regarding appointment of a mutually acceptable special administrator, potential mediation pursuant to a Breslin order, and setting a hearing on the petitions for probate and administration of the estate.
7. PR0000918 In the Matter of Robert Earl Cole No appearances are required. The petition for appointment of a conservatorship of the person is granted. Robert Cole is appointed as Conservator and letters shall issue. The Court sets an annual review on February 5, 2027, at 9:00 a.m., in Department 6. It is alleged the estate has sufficient funds to pay for the investigative fee. Quest investigations shall submit their fee request. Absent objection, the Court shall order the estate to pay the investigation fee.
8. PR0000927 In the Matter of Jane Rebecca Binks Appearances are required. The Court is favorably inclined to order the parties to attend mediation, with costs of the same to be paid by the trust, pursuant to Probate Code section 17206 and Breslin v. Breslin (2021) 62 Cal. App.5th 801, 806 (“The probate court has the power to order the parties into mediation.”). The parties are hereby advised:
Mediation may result in a settlement of the matters that are the subject of this case and of any and all interested persons and parties interests therein. Settlement of the matter may result in an agreement for the distribution of assets of the above- referenced trust and of the estates of the settlors therein, however those assets may be held. Settlement of the matter may also result in an award of attorneys’ fees to one or more parties under Smith v. Szeyller (2019) 31 Cal.App.5th 450, 242. Interested persons or parties who do not have counsel may attend the mediation and participate.
Non-participating persons or parties who receive notice of the date, time and place of the mediation may be bound by the terms of any agreement reached at mediation without further action by the Court or further hearing. Rights of trust beneficiaries or prospective beneficiaries may be lost or forfeited by the failure to participate in mediation. Participation in mediation is a prerequisite to an evidentiary hearing. By failing to participate in mediation, a person or party will waive their right to an evidentiary hearing.
Petitioner Jane Rebecca Binks and Trustee Claire Susanne Waites shall meet and confer regarding selection of a mutually acceptable mediator. The Court continues this matter for review on the status of mediation to July 17, 2026, at 9:00 a.m., in Department 6, and continues to reserve jurisdiction over the pending motions. No later than two weeks prior to the continued hearing date, the parties shall submit a joint statement indicating the
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