Tuolumne — Probate Notes for April 10, 2026

Source: https://www.tuolumne.courts.ca.gov/system/files/general/pb_d5_04102026.pdf

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 8:30 am DA Case # Date Filed

1 PR12562 Estate of James Thomas Thrall 12/09/2024

Andrew T. Thrall Attorney: Kimberly Sullivan
Gray
James Thomas Thrall

Review Hearing - Report - Probate Code 12200

03/18/2026 Final Distribution File Tracking 02/20/2025 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.

No appearance is necessary. The §12200 review hearing is moot as there is presently on file a petition to approve a plan for final distribution set for hearing in early May.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 8:30 am DA Case # Date Filed

2 PR12560 Estate of Robert Clinton Smitheman 12/05/2024

Clinton Muir Smitheman Pro Per

Tartanya Marie Smitheman Pro Per

Review Hearing - Report - Probate Code 12200

12/05/2024 Petition File Tracking 02/05/2025 From Court-Probate on Calendar

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 is necessary. The Court, having received and reviewed the TUO-PR-125, intends to find good cause to extend the period of administration and to re-set the §12200 review hearing to August 14, 2026, at 8:30 a.m.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 8:30 am DA Case # Date Filed

3 PR12759 In Re: The Lynette Sue Gableman 2003 Revocable Trust 02/19/2026

Douglas Wilson Attorney: Stacy Serrato

Petition Hearing

for order determining trusts title to real property

02/19/2026 Petition File Tracking 03/18/2026 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 initial hearing on a petition to declare APN 039-100-074-000 to be an asset of the Lynette Sue Gabelman 2003 Revocable Trust. The trust is presently irrevocable following the passing of the sole settlor.

A trial court may make a transfer of assets into an irrevocable trust beyond the life of the last settlor, pursuant to §856, if the last settlor presently owns the asset in question, the settlor created a trust to hold said asset, and there exists sufficient evidence to find by a preponderance of the evidence that the settlor intended the asset to be held in that trust but failed to make a legal record transfer by mistake, surprise, excusable neglect or innocent omission. See, e.g., Carne v. Worthington (2016) 246 Cal.App.4th 548, 558-560; Ukkestad v. RBS Asset Finance, Inc. (2015) 235 Cal.App.4th 156, 160-161; Estate of Powell (2000) 83 Cal.App.4th 1434, 1443; Estate of Heggstad (1993) 16 Cal.App.4th 943, 950-951. Petitioner is not (yet) entitled to the relief sought for the following reasons:

1. The real property that is the subject of this petition is reportedly owned by an LLC, and there is no evidence supplied to the Court that decedent possessed (let alone still holds) any membership shares in that LLC.

2. Even if decedent has an ownership interest in the LLC, transferring 100% of the real property into her trust requires proof that decedent holds 100% of the membership shares in the LLC. According to the Statement of Information filed 06/24/2024 (available online), petitioner alleges to hold a membership interest in the LLC.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 8:30 am DA Case # Date Filed

4 PR12351 In the Matter of Alice C. Hardin Trust 10/30/2023

James Hardin Pro Per

Ariane H. Matschullat Attorney: Joseph Doherty

Rowena H. Garon Attorney: Joseph Doherty

Alice C. Hardin

Jon Hardin Attorney: Leighton Burrey

Dambacher, Trujillo & Russell,
APLC
Debra Hardin Attorney: John Minton

Debra Hardin Attorney: Asher Anderson

Review Hearing

Status Update

12/13/2023 Accounting: Other File Tracking 06/25/2025 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.

The Court has received and reviewed the recent status reports from the trustees and the receiver. There appears to be some disconnect regarding how to “equalize” distributions. The participating beneficiaries are actually each owed $2,625 from the sale of Hope due to the notably reduced broker commission, but otherwise the following chart should help explain how “equalization” works with insider sales when the operative trust instrument directs that beneficiaries are to receive “equal shares” or “shares equal to” one another, and not a fixed percentage of the value of the estate (see Art. 6.A.):

Beneficiary Distribution x9392 x4473 Cabin Quarry TT Hope

Debra $250,000 (cash) cash Corinne $250,000 (cash) cash James $250,000 (cash) cash Jon $250,000 (cash) cash Jeanette $250,000 (cash) equity Rowena $285,000 (Oakside) equity Ariane $100,000 (cash) ----- ----- equity

Still needs balancing To do To do To do To do To do Complete

With the exception of the $2,625 owed to Jeanette, Rowena and Ariane, the entire Hope transaction has been allocated into equal shares and is complete. Quarry and Tuttletown will be allocated amongst six persons and deemed complete. The two bank accounts, after legal fees and receiver fees, will then be split into seven equal shares, at which time Ariane’s initial lower distribution and Rowena’s higher value will need to be accounted for – without discussing the fiduciary surcharge concern.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 8:30 am DA Case # Date Filed

5 PR12754 In the Matter of Virginia Mae Carlson 02/06/2026

Donald Carlson Pro Per

Virginia Mae Carlson

Matthew Carlson Pro Per

Determine Succ to Real Property

02/06/2026 Petition File Tracking 02/24/2026 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 a by-pass petition to determine succession to decedent’s primary residence. A review of the petition satisfies this Court that succession without formal probate is appropriate, and that the property shall vest in both petitioners as joint tenants with right of survivorship. Petitioners shall prepare and submit the necessary order.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 8:30 am DA Case # Date Filed

6 PR12583 The Heather Star Special Needs Trust 01/21/2025

Michael Patterson Attorney: Mercy Hall

Califonia Department of Health Attorney: Brenda Ray
Care Services
Motion Hearing - Ex Parte

to Show Cause Re: Contempt
Motion to Show Cause Ex Parte Attorney General of CA/Sacramento

01/21/2025 Petition File Tracking 03/17/2025 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 special proceeding commenced by the trustee of a special needs trust to secure instruction from this Court regarding that amount, if any, he was required to honor of the Medi-Cal reimbursement lien. Following an evidentiary hearing, this Court issued an order and judgment providing petitioner with the requested instructions. The State recalculated its lien, and provided that information to petitioner.

It is represented that petitioner has since passed away, his personal estate is insolvent,

and that during his tenure as trustee of the subject special needs trust he spent all the funds.

On 03/11/2026, respondent filed the pending motion for an order holding petitioner in contempt, and seeking the imposition of sanctions against petitioner, for his alleged failure to satisfy the revised lien. Because the ability to comply is an essential element, it is highly unusual to receive an OSC re Contempt directed at a deceased individual. At the very least, personal service of the citation would seem a challenge.

Nevertheless, petitioner did indeed pass away on 10/10/2025. His estate is currently being probated here (see PR12771), and his sister indicates therein that the probate estate is more than sufficient to cover the $100,000 lien amount (plus interest). Without knowing for sure that petitioner was thumbing his nose in his final days at the lien, this Court is less likely to use sanction/contempt powers and more likely to deal with the debt as a creditor claim in PR12771.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 8:30 am DA Case # Date Filed

7 PR12564 The Re William Rebero and Madiline L. Rebero 1991 Trust 12/19/2024

Margaret Johnson Attorney: Yet Not Entered

Diane Rock Attorney: Anthony Johnston

Petition Hearing - Other

FURTHER status review/ trial setting - dismissal on file?

12/19/2024 Petition File Tracking 02/20/2025 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 for a trust accounting, to contest the validity of a trust restatement, and to confirm pre-existing iterations of the subject trust from 2011 and 2014. The trustee has responded and objected. Since then, the parties have apparently been working toward a resolution. Parties to advise whether this matter can be resolved using the summary dispute resolution procedures (§§ 1022, 1046, 9620) with ordinary briefing (CCP §§ 437c, 1010, 1005(b), 1005.5, and CRC 3.1306). See Dunlap v. Mayer (2021) 63 Cal.App.5th 419, 426. Parties to advise anticipated scope/duration of discovery and when the matter will be ready for trial. Parties have advised that settlement appears to be in the works.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

8 PR12114 Conservatorship of Julio C Acosta, Jr 05/11/2022

Julio C Acosta Pro Per

Julio C Acosta Pro Per

Review Hearing - Investigator Report - PR Code 1850

FURTHER

05/11/2022 Petition File Tracking 02/11/2025 High Density

This is a general conservatorship of a person with a reasonable degree of function/independence. Court is awaiting the investigator’s report to determine whether general remains the least restrictive alternative for the conservatee’s protection.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

9 PR12657 Conservatorship of Steven A. Palmer 06/10/2025

Christine Elder Attorney: Jennifer Lothert

Ricardo Garcia Attorney: Jennifer Lothert

Steven A. Palmer Attorney:Pro Per Brandon Meyer

Appoint Conservator

FURTHER - update on DSH

06/10/2025 Petition File Tracking 06/24/2025 Gloria Doehring

This is the fourth hearing on a petition to establish a general conservatorship over the person and estate of an adult with schizo-affective disorder and related mental health concerns, commenced by his mother and step-father. Notice has been provided to father and brother, with whom proposed conservatee had been residing prior to recent legal troubles and incarceration. See CRF77163. There is still no capacity declaration included with the petition, though his capacity concerns are front and center in the criminal case. The proposed conservatee was recently found not competent to stand trial, and has been recommended for placement in a state hospital. Since then he has returned, deemed competent to stand trial, and petitioned for mental health diversion – which appears likely to be granted given the absence of formal opposition from the DA.

It would seem that the propriety of establishing the conservatorship is now ripe.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

10 PR11847 Guardianship of Carson James Green 09/14/2020

James Althouse Pro Per

Lisa Althouse Pro Per

Carson James Green Pro Per

Breanna Althouse Pro Per

Review Hearing - Visitation

FURTHER

06/20/2025 Termination of Guardianship File Tracking 01/14/2025 From Court Legal Document 5

Bio mother’s visits at issue. Overnights temporarily suspended due to housing uncertainty. Awaiting investigator home study report.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

11 PR12704 Guardianship of Clemintine Lynn Garcia 09/23/2025

Wynter Garcia Pro Per

Clementine Lynn Garcia Attorney: Christine Parraz

Bernard Garcia Pro Per

Review Hearing

Guarianship / visitation

09/23/2025 Petition File Tracking 09/23/2025 Petition 12/22/2025 High Density

Update from minor’s counsel re status and payment.

Update from Father re objection/consent to guardianship, parentage action and RFO.

Update from SVP regarding Mother’s visits since last hearing.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

12 PR12699 Guardianship Of Ivy Rose Griffin, et. al 09/17/2025

Rosemary Griffin Pro Per

Appoint Guardian

Long Term

09/17/2025 Petition File Tracking 09/19/2025 High Density

This is the continued hearing on the maternal grandmother’s petition to establish a guardianship for two young children – with the consent of the biological mother. According to petitioner, the proposed wards have been residing with her for two months, and that the biological father is presently unfit to parent. The court investigator has been appointed, and is working her way through the backgrounds. Biological father objects to the guardianship. Father lives in Alameda County. Maternal grandmother resides in Groveland with children. Father apparently has full legal and full physical custody of children via a custody case in Alameda County – which this Court has requested Father provide copies of. Petitioner informs the Court that a CPS worker in Alameda County instructed her to apply for guardianship here in Tuolumne County. Jurisdiction to be decided. Temporary guardianship already granted at last hearing based on investigator recommendation – Father was not present for hearing to object further.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

13 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

Petition Hearing

FURTHER - Appointment of Guardian ICWA
Appoint Guardian - Person

FURTHER

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

This is the 4th hearing on a petition to establish a guardianship over one child who presently resides part-time with great grandfather, and part-time with uncle/aunt who have separately sought guardianship.

The child appears to be a member of a federally-recognized tribe, triggered ICWA protections. Formal notice requirements of W&I Code §224.3 apply. See In re D.S. (2020) 46 Cal.App.5th 1041, 1052. Also, before appointing a temporary guardian of the person for an Indian child over the objection of a parent, tribe, or Indian custodian, the court must: (1) advise the parent or Indian custodian that if they cannot afford counsel, the court will appoint counsel for them under section 1912(b) of the Indian Child Welfare Act; and (2) find, in addition to facts in the petition establishing good cause for the appointment and any other showing the court may require under Probate Code section 2250(b), that the appointment is necessary to prevent imminent physical damage or harm to the child.

Uncle/aunt were supposed to secure bio mom’s consent by visiting her in jail, but the court file does not include the consent. Bio mother expected to be released in six weeks. Bio father has now been presumptively identified but no contact yet. Petitioner’s home study did not pass.

Q: Appoint Kelly Bentley office to represent bio parent with tribe descent Q: Appoint minor’s counsel to work with investigator to find options

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

14 PR12717 Guardianship of Mia Ellyana Faith O'Connor 10/14/2025

Bonnie Ellen O'Connor Pro Per

Faith O'Connor Pro Per

Mia Ellyana Faith O'Connor Pro Per

Appoint Guardian - Person

FURTHER - long term

10/14/2025 Petition File Tracking 10/14/2025 Petition 10/23/2025 High Density

This is the continued hearing on a pending temporary guardianship, awaiting graduation to permeances, but delayed as a result of guardian recalcitrance. Some of the issues include:

o School tardiness – seemingly better o Lack of awareness of transgressions by others in home – petitioner states that all others have been evicted o Allowing Joe, Katie, Michelle, to use as crashpad – no more o Drug paraphernalia o Pending CWS inquiry o Family Code §3041.5: “In any guardianship proceeding, the court may order any person who is seeking custody of, or visitation with, a child to undergo testing for the illegal use of substances and the use of alcohol.”

Petitioners were directed to submit to testing before guardianship would be moved into permanent status.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

15 PR11572 Guardianship of Nevaeh L. Sanchez 07/18/2018

Denise Byrd Cognetti Attorney: Timothy Trujillo

Nevaeh Lee Sanchez

Review Hearing - Guardian Rept-Probate Code 1513.2

Terminate Guardianship

07/18/2018 Petition File Tracking 09/11/2024 High Density Other Cases PR11411

No appearance is necessary. There being no petition to extend the guardianship on file, and the minor having now reached the age of majority, this guardianship has terminated by operation of law.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

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

16 PR10450 LPS Conservatorship of Leisa Aydelott 04/08/2009

Tuolume County Public Guardian Attorney: County Counsel

Leisa Aydelott Attorney: Contract Counsel
Level I
Accounting Hearing

13th

05/17/2024 Reappointment File Tracking 05/17/2024 Reappointment 04/08/2025 Civil Division

No appearance is needed. The accounting is approved.

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 1:30 pm DA Case # Date Filed

17 CV67081 Teresa Houston vs. Ann Taylor 03/18/2025

Teresa Houston Attorney: Hal Channell

Ann Taylor Attorney: Timothy Trujillo

Settlement Conference

03/18/2025 Complaint File Tracking 04/09/2025 High Density

4/6/2026 8:55 am

Superior Court of California, County of Tuolumne Consolidated Calendar Commissioner Steven Streger

Department 5 April 10, 2026 1:30 pm DA Case # Date Filed

18 CV68093 Petition of Issac Peterson 02/13/2026

Issac Peterson Pro Per

OSC Hearing - Name Change

02/13/2026 Petition File Tracking 03/05/2026 High Density

Nonconfidential name change; no proof of publication in file

4/6/2026 8:55 am