Superior Court of California, County of Butte

Notice of Temporary Change in Hours of Operation:

Friday, December 8, 2017
Both Butte County Superior Courthouses will close at 3:00 p.m. for a Court Staff event.

Current Probate Tentative Rulings
Date Time Judicial Officer Case Number Style Tentative Ruling Comments
11/21/2017 09:00 Candela, Michael P 17PR00123 Estate of Mullins, Steven John Granted Final discharge hearing date is 5/15/18 at 9:00am (rather than the final distribution hearing date).
11/21/2017 09:00 Candela, Michael P 17PR00323 Estate of Millar, Warren Halsey Granted The Court will grant the Petition to terminate the special administration. However, the special administrator will need to file the Mandatory Judicial Council Ex Parte Petition for Discharge and Order (DE-295/GC-395). Final discharge hearing date is 5/22/18 at 9:00am.
11/21/2017 09:00 Candela, Michael P 17PR00367 Estate of Bennett, Barbara A Granted Final distribution hearing date is 11/20/18 at 9:00am.
11/21/2017 09:00 Candela, Michael P 17PR00388 Robert F. Ginn and Frankie D. Ginn Revocable Trust Granted The First and Final Account is approved as is the distribution plan. The Court will sign the Order provided by Petitioner.
11/21/2017 09:00 Candela, Michael P 16PR00253 Delwain Compton and Betty Joyce Compton Trusted dated 3/16/1996 Hear Counsel Re: Status of settlement
11/21/2017 09:00 Candela, Michael P 16PR00365 Estate of Woolley, Scot Andrew Hear Counsel Re; Status of final distribution petition.
11/21/2017 09:00 Candela, Michael P 17PR00393 Estate of LAWRENCE, STORM LYNN Hear Counsel Re: Has the original will been lodged with this court?
11/21/2017 09:00 Candela, Michael P 17PR00406 In the Matter of: Alfaro, Andrea Hear Counsel The Court is inclined to grant the petition, however, the minor must be present at the hearing to answer any questions the Court may have. Additionally, a future date will need to be selected for counsel to submit proof of deposit into the blocked account once the court approves the compromise.
11/21/2017 09:00 Candela, Michael P 17PR00415 Estate of Pye, Harold Olen Hear Counsel If proof of proper publication is filed at or before the 11/21/17 hearing, then the petition for probate will be granted, Jane Dolan will be appt'ed probate referee, and a final distribution hearing date will be set for 11/20/18 at 9:00am. If it is not, then the Court will hear from counsel.
11/21/2017 09:00 Candela, Michael P PR-41493 Estate of BUTALA, JAMES RICHARD Hear Counsel Re: Final distribution, which was continued on 6/20/17 to 9/19/17, then again to 11/21/17.
11/21/2017 10:00 Candela, Michael P 17PR00053 Estate of Gramps, Oliver Eugene Hear Counsel Re: The present conservator cannot obtain a bond. Is the Public Guardian going to become the successor conservator?
11/21/2017 10:00 Candela, Michael P PR-35757 *Confidential* Hear Counsel
11/21/2017 10:00 Candela, Michael P PR-38421 *Confidential* Hear Counsel Re: TRC
11/21/2017 10:15 Candela, Michael P 16PR00340 Conservatorship of Navarro, Eugenia Antonia Granted CI fee deferred. Next CI info sheet shall be filed by 10/9/18; hearing date is 11/20/18 at 10:15am. Conservator to submit an order within 2-weeks. Previously scheduled dates in regards to the next accounting remain.
11/21/2017 10:15 Candela, Michael P PR-38554 LTD CONS ISRAEL MATA Granted CI fees are deferred. CI info sheet to be filed by 10/8/19; hearing date is 11/19/19 at 10:15am. Conservatee to submit a form of order w/in 2-weeks.
11/21/2017 10:15 Candela, Michael P PR-41108 Conservatorship of HARRIS, DUSTIN Granted Ci fee are deferred. CI info sheet to be filed by 10/8/19; hearing date is 11/19/19 at 10:15am.
11/21/2017 10:15 Candela, Michael P 17PR00112 Conservatorship of Burns, Vervaleen J Hear Counsel On May 9, 2017 I, Judge Candela, made a disclosure and inquired whether the parties and their counsel were inclined to waive my disqualification. Both Mr. D'Ewart and Mr. Glick stated they anticipated their clients would waive my DQ. Mr. D'Ewart and his client filed their waiver on 7/25/17. However, I do not see a waiver from Mr. Glick or his client. Ms. Elkerton and her clients entered the case on 9/12/17, without being provided a disclosure or given an opportunity to waive, or not, my DQ. On 9/13/17, I ordered payment of CI fees. To complicate matters even more, I issued a ruling on 11/7/17 denying, without prejudice, Mr. Glick's request for attorney fees. I should have been more careful in making sure there were waivers of my DQ before issuing any orders or rulings in this matter. This was unintentional, but nonetheless improper on my part. I sincerely apologize to all parties and their counsel. I do not know if those orders and ruling are void, or simply voidable. Additionally, I will DQ myself unless all counsel and their clients wish to file waivers of my DQ. If not, another judge will hear this matter. Again, my very sincere apologies.
11/21/2017 10:15 Candela, Michael P 17PR00389 Limited Conservatorship of: Mata, Leticia C Hear Counsel As of the posting of this tentative ruling, the CI report had not yet been filed. .
11/21/2017 10:30 Candela, Michael P PR-32682 CONS CHESTER SPITTLE Hear Counsel The First Restatement of The Chester Harold Spittle Family Trust Dated April 25, 1996, although valid, does not contain any provision in the Trust itself, nor a Schedule of Trust Assets which list assets the settler intend to immediately become trust property. The Trust, at section 2.1, refers to a Schedule of Assets, however, no such Schedule of Assets is attached to the Trust provided to the court. Had there been a Schedule of Assets attached to the Trust listing the Edward Jones Account, and had the settler neglected to fund the Trust with that asset, then the Court would have little or no difficulty granting the Heggstad petition. However, that is not the case here. There is a complete absence of any statement in the Trust as to what is intended to immediately become trust property. The Last Will of Chester Harold Spittle, provides that, upon his death, all of his estate goes to the Trustee of his Trust. However, under current law, that will have to be done by way of a petition to probate his will. The Petition to confirm the Edward Jones account as an asset of the Trust is denied.

1 Court Street, Oroville CA 95965
© 2017 Superior Court of California, County of Butte. All rights reserved.