Probate Law & Motion

Court Call is not permitted for this calendar.

Advisements

If the tentative ruling is accepted, no appearance by Zoom is necessary unless otherwise indicated. You must notify the probate clerk at (707) 521-6893 if you wish to be heard in response to the tentative ruling. You must inform the clerk concerning your appearance choice: Zoom or in person. Any interested party who wishes to be heard in opposition to a petition must notify all other parties of the intent to appear. Both notifications must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing.

Unless notification to the probate clerk has been given as provided above, the tentative rulings shall become the rulings of the court at 3:15 p.m. on the day of the hearing. 

To Join Department 12 “Zoom” Online

• Navigate to website: https://sonomacourt-org.zoomgov.com/j/1603772262
• Enter Meeting ID: 160 377 2262
• And Password: 419097

To Join Department 12 “Zoom” By Phone:

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

Guide for Participating in Court Proceedings via Zoom for Dept 12:

• 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.

1. Matter of the Jennifer L. Platt Trust
   25PR01102
   Motion to be Relieved as Counsel

Tentative Ruling: The motion is GRANTED. The Court will sign the proposed order lodged December 15, 2025. The Court will include this language in the order: “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The effective date of the order relieving counsel is delayed until proof of service of a copy of the signed order on the client has been filed with the court.”

2. Conservatorship of Mary Keith Roberts
   SPR091285
   Motion to be Relieved as Counsel

Tentative Ruling: The motion is GRANTED. The Court will sign the proposed order lodged December 15, 2025, but will indicate the next hearing date is March 19, 2026. The Court will include this language in the order: “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case. The effective date of the order relieving counsel is delayed until proof of service of a copy of the signed order on the client has been filed with the court.”

3. Matter of the Jackson Family Living Trust dated June 13, 2016
   SPR096884
   Motion for Leave to File a Response to the Trustee Heidi Darling’s Petition for Instructions and for Order to Sell Real Property

Tentative Ruling: The motion is DENIED for the reasons set forth below.

A notice of a motion must state the grounds upon which it will be made. California Code of Civil Procedure §1010. A notice of motion must state in the opening paragraph the grounds for issuance of the order. California Rules of Court Rule 3.1110. The amended notice of motion filed January 5, 2026 does not state grounds upon which it will be made or the grounds for issuance of the order, so it is deficient.

On the merits, the movant argues the Court should use its wide discretion and supervisory power to allow him to file a late response. The proposed response essentially concurs with the petition, states positions that logically follow from the facts asserted in the petition, and improperly asserts claims for affirmative relief. To the extent the movant has any right to assert claims for relief based on his prior filings, assert new claims for surcharge against the opponent, or claim interest/lost income on delayed distributions, those claims would not be properly asserted in a response to the petition. California Probate Code §1000(a) and California Code of Civil Procedure §431.30(c). Regarding the issue of the personal property (including the Bently,) which issue is raised in the introduction to the proposed response with no supporting argument, the trustee does not request instructions as to the disposition of the personal property, so this issue is beyond the scope of the petition. Further, it is not established that the trust owned a Bently such that the present trustee must account for this asset. For the forgoing reasons, the Court is not persuaded that it should exercise its discretion to allow this response to be late filed. The response would not add any material disputes that are properly adjudicated under the petition.

Regarding the movant’s argument under California Code of Civil Procedure §473, the Court finds §473(a)(1) to be on point, as it specifically addresses enlarging the time for an answer and allowing an answer to be made late. The movant’s argument is grounded in §473(b), which section is interpreted liberally, and would also allow relief from the Court’s order striking the movant’s response as untimely. Under either section, the Court does not find that allowing the late response is “just” or “in furtherance of justice” because it would not add any material disputes that are properly adjudicated under the petition.

The Court also notes the movant can be ordered to attend mediation and, if so ordered, can be bound by any settlement agreement reached in his absence. Breslin v. Breslin (2021) 62 Cal.App.5th 801, 806–807. Any request for a Breslin mediation order must be by noticed motion.

***End of Tentative Rulings***