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Conservatorships

If the tentative ruling does not require appearances, and is accepted, no appearance is necessary. 

Any party who wishes to be heard in response or opposition to the Court’s tentative ruling MUST NOTIFY the Court’s Judicial Assistant by telephone at (707) 521-6893 and MUST NOTIFY all other parties of the intent to appear, and whether they will appear in person or by Zoom.  Both notifications must be completed no later than 4:00 p.m. on the court (business) day immediately before the day of the hearing.

Unless notification of an appearance has been given as provided above, the tentative ruling shall become the ruling of the court the day of the hearing at the beginning of the calendar, absent an objection from an interested party per Probate Code section 1043.    

To Access the Probate Examiner Notes:

  • Access the Portal
  • Accept the Terms
  • Choose Smart Search, insert your case number, and follow all instructions.

To Join Department 63 “Zoom” Online

To Join Department 63 “Zoom” By Phone:

  • Call: +1 669-254-5252 US (San Jose) and enter the same meeting ID and password as listed above.

Guide for Participating in Court Proceedings via Zoom for Dept 63:

  • After joining the meeting and checking in with the clerk, please mute your audio when not speaking. This helps keep background noise to a minimum.
  • Be mindful of background noise when your microphone is not muted. Avoid activities that could create additional noise, such as shuffling papers.
  • Position your camera properly if you choose to use a web camera. Be sure it is in a stable position and focused at eye level, if possible. Make sure everything visible in the frame is appropriate for an appearance in court.
  • If a confidential session becomes necessary it is incumbent on you to ensure you are able to participate from a private location so that unauthorized people cannot overhear or see the proceedings.
  • Chat is enabled for the sharing of documents among participants and the court and to allow attorneys to communicate individually with each other or their clients only. No chat messages should be sent privately to the court as it would amount to an unauthorized ex parte communication. Neither should chat messages be sent to all participants unless directed by the court.
  • The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
  • Be patient. Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally.

Tentative Rulings

October 23,  2026 at 9:30 a.m.

  1. Conservatorship of Gerald L. Somer
    25PR01347

    Request for Fees

Tentative Ruling: NO APPEARANCES REQUIRED. The petition to reimburse conservator for costs advanced and for conservator’s attorney fees and costs is APPROVED as prayed.

The matter remains set on January 29, 2027, at 9:30 a.m. in Department 63, for the status of the first accounting and annual review and report of the court investigator.

 

  1. Conservatorship of Jeffrey Pottorff
    26PR00625

    Appointment of Conservator

Tentative Ruling: NO APPEARANCES REQUIRED. Absent objections, the Amended Petition of Susan Pottorff as conservator of the person with medical powers under Probate Code [PrC] § 2355 and special powers under PrC § 2356.6, and as conservator of the estate, is APPROVED.

Bond is waived.

An Order conforming to the Court’s ruling and Letters of Conservatorship must be submitted.

The matter is SET on the March 4, 2027, case management conference calendar, at 3:00 p.m. in Department 63, for filing of the following documents:

(1)    Probate Code § 1830: Notice of Conservatee’s Rights (Judicial Council Form GC-341) and a copy of the Order Appointing Conservator shall be mailed on or before the 30th day following the filing date of the Order Appointing Conservator.

Form GC-341 must be served on all required parties, including the Sonoma County Public Defender. The original GC-341 form, with completed Proof of Mailing, shall be filed with the Court.

(2)   Probate Code § 2352.5: Confidential Conservatorship Care Plan (Judicial Council Forms GC-355 and GC-356), shall be filed with the court within 120 days of the date of the Court’s Order Appointing Conservator.

(3)   Probate Code § 2610 Inventory and Appraisal (Judicial Council Form GC-040) shall be filed with the court within 90 days of appointment of conservator along with the notice of how to file an objection (Judicial Council Form GC-042).

The conservator is directed to pay the court investigator assessment of $600.00, within 30 days, payable to the Sonoma County Superior Court. Please include the case number and name of the conservatorship and send payment to the Probate Clerk’s office.

If the conservator complies with all requirements above, no appearance shall be required, and a new case management conference date shall be set for one month after the first accounting is due for accounting status.

 

  1. Conservatorship of Kathleen Schmitt
    26PR00723

    Appointment of Conservator

Tentative Ruling: NO APPEARANCES REQUIRED. In light of the Request for Dismissal filed on October 16, 2026, the matter is DROPPED from calendar.

 

  1. Conservatorship of Mike Walter Toupin
    26PR00965

    Appointment of Conservator

Tentative Ruling: NO APPEARANCES REQUIRED. The conservatorship is accepted for transfer. The Court will sign the Final Order Accepting Transfer, submitted on August 10, 2026.

The required Order and new Letters for Sonoma County have been received and reviewed and are satisfactory. 

The Petition to add Mathias Toupin as co-conservator of the person and estate to serve alongside the current conservator, Esperanza Toupin, is APPROVED, with medical powers pursuant to Probate Code [PrC] § 2355 and the power requested under § 2356.5, is APPROVED. 

Bond is set at $570,000.00.

The matter is SET on the February 25, 2027, case management conference calendar, at 3:00 p.m. in Department 63, for review of compliance with the Probate Code section(s) listed below:

(1)   Probate Code § 1830: Notice of Conservatee’s Rights (Judicial Council Form GC-341) and a copy of the Order Appointing Conservator shall be mailed on or before the 30th day following the filing date of the Order Appointing Conservator.

Form GC-341 must be served on all required parties, including the Sonoma County Public Defender. The original GC-341 form, with completed Proof of Mailing, shall be filed with the Court.

(2)  Probate Code § 2352.5: Confidential Conservatorship Care Plan – (Judicial Council Forms GC-355 and GC-356), shall be filed with the court within 120 days of the date of the Court’s Order Appointing Conservator.

(3)   Probate Code § 2610 Inventory and Appraisal (Judicial Council Form GC-040) shall be filed with the court within 90 days of appointment of conservator along with the notice of how to file an objection (Judicial Council Form GC-042).

The co-conservators are directed to pay the court investigator assessment of $600.00, within 30 days, payable to the Sonoma County Superior Court. Please include the case number and name of the conservatorship and send payment to the Probate Clerk’s office.

If the co-conservators comply with all requirements above, no appearance shall be required, and a new case management conference date shall be set for one month after the first accounting is due for accounting status.

                                                                                                              

 

***End of Tentative Rulings***