Petition in re surplus funds
Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger
Department 5 May 6, 2026 8:30 am DA Case # Date Filed
1 CV68039 Petition in re: 16760 Woodside Wy Sonora, CA 95370 01/27/2026
16760 Woodside Wy Sonora, CA Attorney: Yet Not Entered 95370 Ronald Handel Dorothy Handel Case Management Conference 01/27/2026 Petition File Tracking 03/05/2026 High Density
Case notes are not tentative rulings. Parties and counsel are expected to appear unless this note indicates that “no appearance is necessary.” Unless directed otherwise, all participants may appear via Zoom: https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Passcode: 123456]. All matters set for hearing in Department 5 are assigned to that department for all pre-trial purposes. Parties retain the right under Cal. Const. art VI §21 to decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice, parties are deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.
This is a petition to deposit surplus funds and release the trustee from a nonjudicial foreclosure sale. The matter is on calendar as a case management conference, rather than the actual hearing on the petition itself. However, it appears from the petition that there may be a “dispute as to the priority” of the claims and a “conflict between potential claimants” (see Civil Code §2924j(c)) justifying an order for deposit of the surplus funds here because this Court has been unable to identify any probate petition for the Estate of Dorothy Handel.
In other words, it does not appear to this Court that the daughter (Dianna) or the son (Ralph) have petitioned for appointment as a personal representative. Since notice has not yet been given to Dianna, the petition cannot be summarily granted at this time, and will be set for hearing on notice. However, unless these siblings can figure this out, the funds will be deposited here and remain here for the foreseeable future.
4/30/2026 3:47 pm
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