Petition: Appoint Conservator of Person
Case Number
Case Type Conservatorship Hearing Date / Time Wed, 09/27/2023 - 08:30 Nature of Proceedings Petition: Appoint Conservator of Person (UPDATED 9/27/23) Tentative Ruling Probate Notes: Appearances required.
The following issues have not been resolved and must be corrected before the Court has authority to grant the petition: Proof of Personal Service of Summons. There is no Proof of Service showing the Citation was personally served on the proposed conservatee. The Court has no jurisdiction over the proposed conservatee until this is filed. In a conservatorship proceeding, jurisdiction is obtained through personal service of a citation and a copy of the petition for conservatorship upon the proposed conservatee, 15 days before the hearing. (Prob. Code, Sec. 1824; Conservatorship of Jones (1986) 188 CA3d 306, 309.)
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.)
The proposed conservatee is expected to attend the hearing. (Prob. Code, Sec. 1825.)
Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference. Meeting ID: 160 047 8568 Passcode: 9258167
Tentative Ruling: Estate of Kevin Lee Star Tentative Ruling: Estate of Kevin Lee Star Case Number
Code section 8121. (Prob. Code, Sec. 8003(b).) No proof of publication was filed. Publication requires the notice to be published in newspaper adjudicated as a newspaper of general circulation in the city of decedent's residence. (Prob. Code, Sec.Sec. 8121, 7122.)
Supplement to the Petition. The following allegations must be made without creating ambiguity, but were left blank or improperly alleged and must be corrected by supplement: Paragraph 5a(3) or (4)
The following is noted for the court: Hybrid Will Decedent's will includes multiple handwritten notations and interlineations. Petitioner must allege whether the will is offered with or without the handwritten portions and whether the handwritten portions allegedly comprise a codicil to the will. If the handwritten portions are offered as a holographic instrument alone, a typewritten transcription of the written portions must be submitted. However, because of the hybrid nature of the will submitted, the entire will should be typewritten. (Prob. Code, Sec. 8002(b)(1).)
When a will is typewritten but contains handwritten interlineations, the Court must first determine whether the handwriting on its own constitutes a holographic will pursuant to Probate Code section 6111. (
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If the statutory provisions of 6111 are met, the Court can consider the holographic content a codicil (if it makes sense to do so) or consider the holographic content a will in and of itself, thus revoking the typewritten words within the document. (Ibid. See also Estate of Nielson (1980) 105 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, 10/11/2023 - 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: Guardianship of Keira Emma Oregel et al Tentative Ruling: Guardianship of Keira Emma Oregel et al