Conservatorship of Benjamin Leitcher

Case Number

Case Type Conservatorship Hearing Date / Time Wed, 10/11/2023 - 08:30 Nature of Proceedings Petition to Appoint Limited Conservator Tentative Ruling Probate Notes: Appearances required.

The following issue has not been resolved and must be corrected before the hearing: Proposed Order Appointing Conservator (GC-340). "Proposed orders or judgments shall be submitted on or before noon at least five court days prior to the hearing. Failure to submit a timely proposed order may delay the hearing or entry of the order." (Local Rule 1724.)

Proposed orders must reflect the relief requested in the petition. The proposed order submitted September 26, 2023 is essentially blank. Counsel must submit a new proposed order matching the relief requested in the petition (i.e. we will not fill it out for you).

Tentative Ruling: Estate of Mildred Louise Ragains Tentative Ruling: Estate of Mildred Louise Ragains Case Number

Cal.App.3rd 796, 804.) However, "[w]here the handwriting in itself lacks testamentary intent and substance and has meaning only in relationship to the typewritten words it relates to, there is no complete testamentary document that can be deemed a holographic will." (Estate of Sola (1990) 225 Cal.App.3d 241, 247.)

Thus, the Court must receive sufficient evidence to satisfy the clear and convincing standard in Probate Code section 6110(c)(2), in order to admit the will as is, without discarding either the typewritten or handwritten portions.

THEREFORE, PETITIONER MUST SUBMIT THE FOLLOWING TO PROVIDE CLEAR AND CONVINCING EVIDENCE: Proof of Holographic Instrument (Form DE-135). All codicils must be proven in the same manner as a will (Prob. Code, Sec.Sec. 88, 6110, 8222), and all holographic instruments must be proven by submission of evidence that that the holographic instrument is in fact in the testator's handwriting. Form DE-135 must be used to do so.

It is recommended that the matter be continued to a date to be set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).)

If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered. Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the "Filing Description" field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field - BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).

Tentative Ruling: Conservatorship of Benjamin Leitcher Tentative Ruling: Conservatorship of Benjamin Leitcher Case Number

Case Type Conservatorship Hearing Date / Time Wed, 10/25/2023 - 08:30 Nature of Proceedings Petition: Appoint Conservator of Person Tentative Ruling Probate Notes: Appearances required.

The following issue is noted for the Court at the hearing: Proposed Order Appointing Conservator (GC-340). Proposed orders must reflect the relief requested in the petition. The proposed order submitted October 10, 2023 does not match the relief requested in the petition, because the Petitioner requested medical powers at paragraph 9 of the petition, but did not indicate those powers in the proposed order.

Tentative Ruling: Guardianship of Ajay Michael Bratcher et al Tentative Ruling: Guardianship of Ajay Michael Bratcher et al