Petition: Appoint Guardian of Person
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: Guardianship of Ajay Michael Bratcher et al Tentative Ruling: Guardianship of Ajay Michael Bratcher et al Case Number
Case Type Guardianship Hearing Date / Time Wed, 10/04/2023 - 08:30 Nature of Proceedings Petition: Appoint Guardian of Person Tentative Ruling Probate Notes: Appearances required.
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Proof of Timely Mailed Service. Proof of timely mailed service of the notice of hearing and a copy of the petition (Prob. Code, Sec. 1511) on Paternal Grandfather, OR Consent to Appointment of Guardian and Waiver of Notice (Judicial Council form GC-211) OR adequately supported request to dispense with notice (CRC 7.52; see Local Court form SC-6014).
Proposed Orders (Forms GC-240 & GC-224). Proposed orders on Judicial Council forms "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." (SB Local Rule 1724.)
Proposed Letters (Form GC- 250) Proposed Letters are considered the same as proposed orders and must be submitted in compliance with Local Rule 1724.
Appearances: The court is open to the public for court business. The court is also conducting hearings via Zoom