Tuolumne — Probate Notes - Department 5 - 08/07/2026

Source: https://www.tuolumne.courts.ca.gov/system/files/general/pb_d5_08072026.pdf

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

1 PR12773 Estate of Charles Clifford Collins, Jr 03/19/2026

Christopher Corbett Attorney: Jennifer Lothert

Charles Clifford Collins

Letters of Administration

FURTHER

03/19/2026 Petition File Tracking 03/24/2026 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.”
Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:
https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456].
All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to
decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties are

deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

This is the continued hearing on a petition to admit a foreign will to probate, and to issue Letters of Testamentary for the petitioning personal representative. At the earlier hearing, this Court surmised from a number of recitals contained within the testamentary instrument that the decedent intended for the law of South Carolina to control – and as such certain requirements must be met for this will to be considered self-proving under that law. See CA Probate Code §21103 and SC Probate Code 62-2-503. Since that time, counsel has secured a notarized statement (not drawn under penalty of perjury under the laws of the State of California) that the will is original and was properly witnessed by the attorney responsible for its drafting. Under the circumstances, this Court sees no issue with making the preliminary finding that there is sufficient evidence to permit its admission to probate – subject of course to any collateral attack by interested persons (ie, David).

False representation made by Attorney Zalenski in the Michigan case that this Court had already admitted the will and issued Letters, and false representation by responding counsel in Michigan stating that CA not interested.

What is the status of the Michigan action? Hearing held earlier this week to hopefully aid in resolution of jurisdictional issue.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

2 PR12802 Estate of Colleen Ann DiNardo 05/27/2026

Claudia Mortensen Attorney: Byron Hales

Colleen Ann DiNardo

Probate Will/Issue Letters

05/27/2026 Petition File Tracking 06/03/2026 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.”
Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:

https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456]. All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties are deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

No appearance necessary.

This is the initial hearing on a petition to admit a will to probate, and to appoint a personal representative. Although the petition is erroneously styled as one seeking the appointment of “an executor,” and is in fact seeking the appointment of an administrator with will annexed, the difference is of no consequence here. All of the procedural and substantive requirements have been satisfied, and the petition with appointment is entitled to favorable treatment. Court will set §§ 8800 and 12200 review dates.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

3 PR12133 Estate of Louis A. Benoit Jr 06/21/2022

Annie Benoit

Louis A Benoit

Laurie Jamison Attorney: Ronald Hillberg

Final Distribution Hearing

Further

12/26/2023 Report on Status of Administration File Tracking 03/25/2025 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.”
Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:
https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456].
All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to
decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties are

deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

This is a petition to approve the final proposed distribution in the decedent’s estate case notoriously anointed as the longest-running, pointlessly delayed probate estate with one single asset. That asset was sold, and the proceeds held at Chase Bank for 2.5 years. During that time, the appointed administrator decided to abdicate her duties and disappear, forcing this Court to replace her. The petition will NOT be approved as presented for the following reasons:

1. In the §12200 report filed 12/26/2023, petitioner advised that the sole asset sold for $310,000, leaving a net to the estate of $256,589.99. The current distribution seeks reimbursement to the original administrator of $17,436.78 to “stall the foreclosure” but there is no explanation as to how this fee reduced the LoanCare or Umpqua balances satisfied through the escrow, and there is no creditor claim in the court file covering this amount. An explanation is required.

2. At the review hearing on 01/05/2024, counsel advised that a petition for final distribution would be on file “in the next 60 days.” At the following hearing in March, this Court reminded counsel of §12205, at which time counsel advised that the administrator moved to Utah and went radio silent. A full year was burned with no explanation for where the administrator was, during which time one of the beneficiaries (Louis) died. Perhaps his financial share might have assisted him in those days. Now it seems the former administrator is back in California, but no declaration explains her absence yet she is here seeking a 2/3 statutory fee. An explanation is required.

3. In September of 2023, the administrator deposited $255,623.05 into a Chase Bank. The petition indicates that “as of July 1, 2025, there remains the exact same amount on deposit. This Court requires current information about the balance, and expects to see a balance which reflects deposit of the original sum into an interest-earning account. See Probate Code §9652; Estate of Gerber (1977) 73 Cal.App.3d 96, 111.

4. The distribution to “The Estate of Louis” is not possible. The distribution must go to his personal representative or successor in interest, or it will escheat to the County. See, e.g., CCP §1441 and Probate Code §§ 7601, 7604, 7663, and 11902.

5. A request for extraordinary fees requires a detailed declaration, and none is attached.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

4 PR12816 Estate of Martha J. Gibbons 06/18/2026

John Ramsey Attorney: Brandon Meyer

Martha J. Gibbons

Petition Hearing - Other

Letters of administration

06/18/2026 Petition File Tracking 06/18/2026 Special Letters 07/02/2026 High Density 06/18/2026 Special Letters

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.”
Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:
https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456].
All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to
decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties are

deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

This is related to PR12774. Therein the subject property was ordered via succession to the next of kin. Petitioner then realized that an order for succession does not impart to the holder the authority to secure a payoff demand from the decedent’s lender (only probate letters will do that). Petitioner elected to open a new case and seek special administrative letters to secure a payoff adjustment amount from the current lienholder on the property. The new petition has a number of “typos” but it appears that petitioner is seeking special administration with limited powers/authority only – which does not require proof of publication. Although it would have been kinder for the lender to cooperate, if this is a HECM loan, there is no federal requirement to comply yet.

Court intends to grant the petitioner.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

5 PR12533 Estate of Vaughn Dale Loflin 10/03/2024

Dillon Stott Attorney: Mary McEwen

Vaughn Dale Loflin

Final Distribution Hearing

07/21/2026 Final Distribution File Tracking 04/04/2025 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.”
Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:
https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456].
All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to
decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties
are deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

This is the initial hearing on a petition to approve the proposed distribution plan for this intestate estate. The plan is for the petitioner to pay out of pocket all administrative fees/costs, and to convert his due bill plus reimbursements into an ownership interest in the sole estate asset. In other words, petitioner is proposing a §11604 adjustment. Pursuant thereto, “the court may inquire into the circumstances surrounding the execution of, and the consideration for, the transfer, agreement, request, or instructions, and the amount of any fees, charges, or consideration paid or agreed to be paid by the beneficiary. The court may refuse to order distribution, or may order distribution on any terms that the court deems just and equitable, if the court finds either of the following: (1) The fees, charges, or consideration paid or agreed to be paid by a beneficiary are grossly unreasonable. (2) The transfer, agreement, request, or instructions were obtained by duress, fraud, or undue influence.” Since there is no consent filed by the heirs at law for this particular adjustment, a hearing will be needed to determine whether petitioner is indeed entitled to a 1/3 interest – and if the heirs would prefer a different repayment option.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

6 PR12808 Estate of Violet Auxilladora Baker 06/11/2026

James Spencer Re Attorney: Jason Pink

Violet Auxilladora Baker

Letters of Administration

06/17/2026 Petition File Tracking 06/29/2026 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.”
Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:
https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456].
All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to
decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties
are deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

Special limited administrative powers already issued. No proof of publication for anything greater than limited powers, and not clear if petitioner is seeking full probate …

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

7 PR12805 In re: Barger Pinecrest Cabin Family Trust dated December 8, 2015 06/04/2026

Stephanie Barger Attorney: Gary Dambacher

Douglas Petersen Attorney: Gary Dambacher

Robert Barger

Petition Hearing

Breach of Trust

06/04/2026 Petition File Tracking 06/08/2026 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.”
Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:
https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456].
All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to
decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties are
deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

Petition filed.

Response filed.

Discovery needs?

Trial setting …

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

8 PR12796 In re Knapp Revocable Trust of 2002 dated March 13, 2002 05/12/2026

Sandra Lisius Attorney: Bryan Andrade

Review Hearing

Settlement Status

05/12/2026 Petition File Tracking 05/15/2026 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.”
Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:
https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456].
All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to
decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties are

deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

Status of settlement agreement?

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

9 PR12806 In the Matter of Naomi Marie Carper 06/08/2026

Donovan Abayomi Foreman Pro Per

Naomi Marie Carper

Determine Succ to Real Property

06/08/2026 Petition File Tracking 06/09/2026 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is
necessary.” Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link:
https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456].
All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to
decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties
are deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

This is a bypass petition to determine succession to the decedent’s primary residence. The petition cannot be granted as is due to the following questions:

1. Notice was provided to Michael Anderson, whose involvement herein is unclear to this Court;
2. Paragraph 9 is incomplete;
3. There is no evidence provided to show that (a) the residence on McKibbin Drive was decedent’s primary residence (the death cert says she resided on Tidwall) or (2) that decedent owns the residence on McKibbin Drive.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 8:30 am DA Case # Date Filed

10 PR12818 In The Matter of William Leon Glenn 06/24/2026

Jackie Ann Eakins Attorney: Eric Cha

William Hugh Glenn Attorney: Eric Cha

Petition Hearing

to Determine Succession to Primary Residence

06/24/2026 Petition File Tracking 06/29/2026 High Density

Probate Notes are not tentative rulings. Parties and counsel are expected to appear for the hearings unless this note indicates that “no appearance is necessary.” Unless a personal appearance is required, all participants may appear via Zoom without first securing Court permission using this link: https://tuolumne-courts-ca-gov.zoomgov.com/j/1615813960?pwd=NTRMT0NwMDg5cnlYdzZ6VnBXWWFsUT09. [Meeting ID: 161 581 3960; Passcode: 123456]. All matters set for hearing in Department 5 are presumptively assigned to that department for all purposes. Parties retain the right under Cal. Const. art VI §21 to decline consent to the Commissioner serving as a Judge Pro Tem. By participating in the first hearing, or electing not to attend after due notice thereof, parties are deemed to have stipulated to the Commissioner serving as a Judge Pro Tem for the entire case. See CRC 2.816.

This is a bypass petition to determine succession to the decedent’s primary residence. The petition cannot be granted as is due to the following questions:

1. There is insufficient evidence provided to show that the residence on Casilla Court was decedent’s primary residence (the death cert is not in fact included, despite the representation).
2. There is no evidence provided to show that decedent owns the residence on Casilla Court (a deed from 2012, which is also not attached, only shows he owned the property 14 years ago).

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 9:00 am DA Case # Date Filed

11 CVL68528 Allison Zelesnick vs. Travis Lee Fowler 06/24/2026

Allison Zelesnick Pro Per

Travis Lee Fowler

Order of Examination Hearing

06/24/2026 Judgment File Tracking 07/20/2026 High Density

Debtor exam

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 10:00 am DA Case # Date Filed

12 PR12809 Conservatorship of Julian Alan Diaz 06/11/2026

Jose Diaz Pro Per

Carmen Diaz Pro Per

Julian Alan Diaz

Appoint Conservator - Person

06/11/2026 Petition File Tracking 06/17/2026 High Density

Hearing continued to 09/18/2026 @ 10:00 a.m. in Dept 5.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 10:00 am DA Case # Date Filed

13 PR7726 Conservatorship of Melissa R. Stone 03/20/1995

Michelle J. Stone Attorney: Jennifer Lothert

Melissa R. Stone Attorney: Carrie McKernan

Richard Stone Attorney: Jennifer Lothert

Review Hearing

Accounting 18th

05/22/2026 Petition File Tracking 12/10/2024 High Density

No appearance is necessary.

There is no proof of service for the 18th accounting on the conservatee’s appointed attorney so the matter will be continued to 09/04/2026 at 10:00 a.m. in Dept 5.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 10:00 am DA Case # Date Filed

14 PR12800 Conservatorship of Mildred V. Childers 05/21/2026

Edward Jones Trust Company Attorney: Melisa Recendez

Mildred V. Childers

Edward Jones Trust Company Attorney: Melisa Recendez

Appoint Conservator - Person and Estate

Perm
Appoint Conservator

FURTHER

05/21/2026 Petition File Tracking 05/27/2026 High Density

Confirm acceptance of appointment by Brandon Meyer.

Confirm timeline for investigator report.

Confirm whether conservatee’s son will be involved.

Probate Code §1821(a)(5) requires petitioner to lodge “a supplemental information form” – commonly referred to as a GC-312.

Probate Code §1822 requires petitioner to show proof of having provided at least 15 days’ notice to “the relatives named in the petition at their addresses stated in the petition.” Since the proposed conservatee appears to have several children with equal priority for appointment, a nomination to go outside the family (see Probate Code §1811) should be provided.

Probate Code §1890(c) prohibits the entry of an order establishing a general conservatorship based on a lack of capacity to make medical decisions absent a physician’s capacity declaration. Petitioner is seeking this (see Para 1.k.).

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 10:00 am DA Case # Date Filed

15 PR12748 Guardianship of Jeremy Twofeather Kerr 01/23/2026

Sandra Aguilar Pro Per

Jeremy Twofeather Kerr Pro Per

Frank Aguilar-PRIOR PETITIONER

John Aguilar Pro Per

Appoint Guardian

FURTHER

01/23/2026 Petition File Tracking 03/19/2026 High Density

Further discussion regarding guardianship.

Are we ICWA?

Bio mother consent to guardianship?

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 10:00 am DA Case # Date Filed

16 PR10912 Guardianship of Micheala Pritchard 03/25/2013

Mary Ann Pritchard Pro Per

Micheala Ann Pritchard

Review Hearing - Guardian Rept-Probate Code 1513.2

03/25/2013 Petition: Other File Tracking 03/25/2013 Petition 09/17/2024 High Density

No appearance is necessary. The Court, having received and reviewed the GC-251 with attachments, confirms that the guardianship remains necessary/convenient and that the guardians continues to serve the ward’s best interests. Annual review date will be aligned with ward’s birthday as she is nearing the age of majority.

8/3/2026 9:14 am

Superior Court of California, County of Tuolumne Consolidated Calendar Hon: Steven Streger

Department 5 August 7, 2026 10:00 am DA Case # Date Filed

17 PR11336 Guardianship of Rylie Douglass 06/22/2016

Ann Stanfield Pro Per

Raymond Stanfield Pro Per

Rylie Jack Douglass

Lauren Morris Pro Per

Review Hearing - Guardian Rept-Probate Code 1513.2

06/22/2016 Petition: Other File Tracking 06/22/2016 Petition 09/17/2024 High Density

No appearance is necessary. The Court, having received and reviewed the GC-251 with attachments, confirms that the guardianship remains necessary/convenient and that the guardians continues to serve the ward’s best interests. Annual review date will be aligned with ward’s birthday as he is nearing the age of majority.

8/3/2026 9:14 am