Tentative Rulings, Truckee - Probate


Haber Trust TP19-7287 

The Petition to Confirm Trust Assets is granted as prayed. No appearances are required.

Conservatorship of Carey Clark TP14-5672 

Conservatorship to continue. The next review hearing is set for 5/24/21 at 1:30 pm in Dept. A. The court investigation fee is waived. The court notes that the third account was not timely filed. In addition, there is no proof of service. However, on the courts own motion, pursuant to Probate Code 2628, all accountings are waived. No appearances are required.

Gross Trust TP19-7289 

The Petition to Confirm Trustee and for Instructions is granted as prayed. No appearances are required.

Mueller Trust Case No. P18-16421 

Superior Court of Nevada County
Tentative Ruling
Truckee Branch

Petitioners motion to compel inspection of respondents cell phone is granted in part.

Courts must carefully balance a right of privacy against the interest in having just litigation. Pioneer Electronics (USA), Inc. v. Sup. Ct. (2007) 40 Cal.4th 360, 371; Valley Bank of Nevada v. Sup. Ct. (1975) 15 Cal.3d 652, 657; Weil & Brown, Civ. Pro. Before Trial (The Rutter Group 2012) 8:320 - 8:325.1.

Whenever possible, judges should consider the possibility of a protective order limiting the intrusion or disclosure, for assuaging privacy concerns. Alch v. Sup. Ct (2008) 165 Cal.App.4th 1412, 1432.

Here, the court finds that the requested text messages are directly relevant to the litigation. Additionally, there is a compelling need for the discovery. That need outweighs the right to privacy. Furthermore, by utilizing a dis-interested forensic examiner, which will minimize disclosure and intrusion, respondent says privacy concerns will be minimized.

Respondent shall produce any and all cell phones that she used for personal use from January 1, 2018, to November 5, 2018. A forensic examiner shall image the device and go through the logs/texts/emails and produce anything that is relevant to the trust, the third amendment, and/or Richards medical, health, or emotional condition. The forensic examiner shall not produce any logs/texts/emails between respondent and her attorney.

The production of the cell phone(s) shall occur no later than June 20, 2019.

Moving Partys attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

This is the Courts tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the courts law and motion secretary at (530) 582-7835 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.


Conservatorship of Willialdo Pedroza TP19-7245 

The Petition to Appoint Conservator of the Person is continued on the courts own motion to July 8, 2019, at 1:30 pm in Dept. A. The proof of citation on the conservatee is defective. The citation must be personally served on the conservatee and it was only mailed. Additionally, the court notes that the medical capacity declaration support medical consent orders. However, the petition did not request medical consent order at paragraph 1(g). It appears that Petitioners will need to file an amended petition. Lastly, the courts file is missing the court investigation report. No appearances required.