Estate of Charles Richard Kepner

TENTATIVE RULINGS

FOR: August 21, 2026

If you do not see a tentative ruling for a scheduled matter, then attendance at the hearing is required.

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“Recording Court proceedings (whether by Zoom’s AI Meeting Summary functionality or by any other means) is PROHIBITED without express permission from a judicial officer. (Cal. Rules of Court, Rule 1.150(c) & (d))

PROBATE CALENDAR – Hon. Cynthia P. Smith, Dept. A (Historic Courthouse) at 8:30 a.m.

Estate of Charles Richard Kepner 25PR000144

STATUS HEARING RE: FINAL DISTRIBUTION

TENTATIVE RULING: A status report is on file. Although there is no evidence that the status report was properly noticed and served on all interested persons (see Prob. Code, 12201), the Court determines that continuation of administration is in the best interests of the estate. Thus, the Court orders that administration of the estate continue. (Prob. Code, § 12201, subd. (c)(2).) The matter is CONTINUED to November 20, 2026, at 8:30 a.m. in Dept. A. If final distribution petition is not already on file, Executors shall file and serve, at least 15 days prior to the next hearing, an updated status report pursuant to Prob. Code section 12200. The Clerk is directed to provide notice to the parties.

CIVIL LAW & MOTION CALENDAR – Hon. Cynthia P. Smith, Dept. A (Historic Courthouse) at 8:30 a.m.

City of American Canyon v. Timothy J. Shea et al 20CV001254

MOTION FOR DETERMINATION OF LEGAL ISSUES REGARDING SEVERANCE DAMAGES AND GOOD WILL DAMAGES – FURTHER HEARING AS TO ISSUE 2 ONLY

TENTATIVE RULING: The Motion, as to Issue No. 2 (defined below), is DENIED. The parties are directed to appear to discuss Plaintiff’s request to bifurcate the matter.

A. PROCEDURAL MATTERS

Plaintiff City of American Canyon (“Plaintiff” or “City”) moves, pursuant to Code of Civil Procedure section 1260.040, subdivision (a), 1 for a determination of legal and evidentiary issues affecting determination of fair market value.

The City’s Motion sought six rulings (“Issues”). The matter originally came on for hearing on July 16, 2026. In an Order After Hearing (“OAH”), dated July 17, 2026, the Court denied, as moot, the Motion as to five Issues, Nos. 1, 3, 4, 5, and 6. With respect to the remaining Issue No. 2, the Court continued the hearing and granted (1) Defendants leave to file a Supplemental Opposition of no more than seven pages with supporting evidence on or before August 3, 2026 and (2) Plaintiff to file a Supplemental Reply of no more than seven pages on or before August 14, 2026.

The parties timely filed their supplemental briefs and evidence.

The remaining Issue No. 2 is a ruling as follows: “The construction of a center median as part of the Project, which will preclude trucks with a wheel-base of 40 feet or greater from egressing via the Green Island Road driveway, does not constitute a substantial impairment of access to the subject Property as a matter of law, and thus is not a compensable item of damage that may be considered when valuing severance damages in this action.” (Notice of Motion, 2:12-16.)

B. LEGAL STANDARD 1 All subsequent statutory references are to the Code of Civil Procedure unless otherwise specified.

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