Tuolumne — Probate Notes for January 16, 2026

Source: https://www.tuolumne.courts.ca.gov/system/files/general/pb_d5_01162026.pdf

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

Department 5 January 16, 2026 8:30 am DA Case # Date Filed

1 PR12534 Estate of Melanie Jean Osterholm 10/09/2024

Patricia Dalman Attorney: Tamara Polley

Melanie Jean Osterholm

Review Hearing - Report - Probate Code 12200

10/09/2024 Petition File Tracking 01/22/2025 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 Court, having received and reviewed counsel’s TUO-PR-125, finds by a preponderance of the evidence that good cause exists to extend the period of administration for this estate. A continued §12200 review hearing will be set for 04/17/2026 at 8:30 a.m. in this Department.

1/13/2026 8:10 am

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

Department 5 January 16, 2026 8:30 am DA Case # Date Filed

2 FL18741 In Re: Iyla Hyder 09/17/2024

Imera N. Mathis Pro Per

Sean Hyder

Iyla Hyder

Imera N. Mathis Pro Per

Sean Hyder

Christopher Hyder

Imera N. Mathis Pro Per

Sean Hyder Pro Per

Review Hearing

Special Set for fathers calendar

07/18/2025 Request for Order File Tracking 07/09/2025 High Density Other Cases FL18745

Review hearing only to confirm that revised supervised visits for Mother are in fact occurring and that they are going well with car seats provided by Mother and supervision by paternal grandmother.

1/13/2026 8:10 am

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

Department 5 January 16, 2026 8:30 am DA Case # Date Filed

3 PR12327 The Estate of John Robert Holland 09/15/2023

Michelle Godino Pro Per

John Robert Holland

Francine Mendenhall Attorney: Kathryn Halligan

Motion Hearing - Other

to Withdraw Stipulation to Commissioner - RESERVED

09/15/2023 Petition File Tracking 11/05/2025 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.

On 12/08/2023, Francine stipulated per CRC 2.816 to have this bench officer serve as judge for all purposes.

On 11/04/2025, this bench officer caused to be posted to the Superior Court website a lengthy probate note with indicating rulings on important motions 1 , some of which were adverse to Francine.

On 11/06/2025, Francine filed an untimely (and legally ineffective) “Notice of Non-Stip.”

On 11/07/2025, this Court advised Francine that the “Notice of Non-Stip” was ineffective and that she would need to file a motion under CRC 2.816(e), which “must be supported by a declaration of facts establishing good cause.” The moving party must establish more than factual error, legal error, dissatisfaction with rulings or scheduling concerns. See, e.g., CRC 2.816(e)(2); Guardianship of Simpson (1998) 67 Cal.App.4th 914, 941. This Court stayed the rulings until Francine’s motion could be heard.

On 11/24/2025, Francine filed her CRC 2.816 motion (erroneously citing CRC 2.831 and CCP §170.6), but indicated that it would be set for hearing in this department in late December. An order was issued moving that hearing, but by clerical error the hearing was left here in this department. A temporary judge cannot pass upon his or her own motion to withdraw. See CRC 2.816(e)(1). In addition, at no time did Francine indicate to this bench officer that she believed there to be disqualification (CCP §170.1) grounds, or serve this bench officer with any verified petition for recusal (CCP §170.3(c)(1)). As such, no formal response (CCP §170.3(c)(3)) has been made. To ensure that silence is not misinterpreted as acquiescence, this bench officer categorically denies any and all charges of bias or partiality. Should it be determined that the “good cause” for the 2.816 motion might be CCP §170.1(a)(6)(A)(iii) or (B), this bench officer respectfully requests leave to respond in full and to be heard pursuant to CCP §170.3(c)(6).

Meanwhile, the Presiding Judge has now assigned the hearing of this CRC 2.816 motion to Department 2 – which will contact the parties directly to address further proceedings.

1 Those include Francine’s motions to compel discovery, Francine’s motion for summary adjudication, Michelle’s petition to admit will, and Michelle’s petition to appoint a personal representative.

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

Department 5 January 16, 2026 10:00 am DA Case # Date Filed

4 PR10600 Conservatorship of Mark Lee Wilcox 06/01/2010

Jerry Lee Wilcox

Maria J Wilcox

Mark Lee Wilcox

Jessica M Wilcox

Rosa Marie Smith Attorney: Jennifer Lothert

Review Hearing - Investigator Report - PR Code 1850

Accounting Hearing

1st

11/15/2024 Petition File Tracking 01/21/2025 High Density Other Cases PR11269

This was to be the annual review of the conservatorship of the person (for which a successor conservator was installed one year ago) and the early review of the estate with a special needs trust (which was established in August).

1/13/2026 8:10 am

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

Department 5 January 16, 2026 10:00 am DA Case # Date Filed

5 PR12214 Guardianship of Brylan A Fraser 12/07/2022

Sheree Fraser Attorney: Carrie McKernan

Brylan A Fraser Pro Per

Brinley L Fraser Pro Per

Review Hearing

2nd Accounting

12/07/2022 Petition File Tracking 02/07/2024 High Density

No appearance is necessary. The Court having received and reviewed the Second Accounting for this guardianship of the estate of two wards, consisting solely of a partial interest in real property, the Court finds that the accounting is entitled to approval in all respects as presented.

1/13/2026 8:10 am

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

Department 5 January 16, 2026 10:00 am DA Case # Date Filed

6 PR10832 Guardianship of Karson F. Hernandez 04/27/2012

Charles Roberts Pro Per

Bonnie Lynn Roberts Pro Per

Karson Francisco Hernandez

Heather Noel Roberts

Review Hearing

re: petition to terminate mothers visitation.

07/25/2024 Termination of Guardianship File Tracking 01/03/2025 High Density Other Cases CV57742 PR11351

Review hearing on guardians’ recent TECO stopping mother’s visits entirely. Nothing filed by mother. Will need §3041.5 conditions on mother if she is ever to have visits again.

Convert TECO to permanent termination of mother’s visits

1/13/2026 8:10 am

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

Department 5 January 16, 2026 10:00 am DA Case # Date Filed

7 PR11351 Guardianship of Malaya N. Hernandez 08/11/2016

Charles L Roberts Pro Per

Bonnie L Roberts Pro Per

Malaya Noel Hernandez

Heather Noel Roberts Pro Per

Review Hearing

Convert Temp to Permanaet

07/12/2024 Termination of Guardianship File Tracking 04/22/2025 High Density Other Cases PR10832

Review hearing on guardians’ recent TECO stopping mother’s visits entirely. Nothing filed by mother. Will need §3041.5 conditions on mother if she is ever to have visits again.

Convert TECO to permanent termination of mother’s visits

1/13/2026 8:10 am

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

Department 5 January 16, 2026 10:00 am DA Case # Date Filed

8 PR12132 Guardianship of Paizley Hope Garcia 06/20/2022

Sandra Atwater Garcia Pro Per

Paizely Hope Garcia Attorney: Jennifer Lothert

Gaylene Larwick

Brook Allen Pro Per

Motion Hearing - Visitation

filed by Mother
Hearing: Other

TRIAL SETTING

08/28/2025 Termination of Guardianship File Tracking 08/20/2025 High Density Other Cases FL17797

Trial setting only.

Confirm minor’s counsel (Lothert) is up to speed.

Confirm status of new investigation.

Confirm all parties have seen 12/23/25 letter from Tribe

1/13/2026 8:10 am

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

Department 5 January 16, 2026 10:00 am DA Case # Date Filed

9 PR10676 Guardianship of Sophia G. McLeod 02/01/2011

Gay Lynn Edington McLeod Pro Per

Sophia Gracelynn McLeod

Review Hearing

Termination - Minor is 18

08/06/2020 Petition File Tracking 10/15/2024 High Density

Guardianship terminates by operation of law as no petition to extend has been filed by the guardian. While there is a request filed by the guardian to exert control over the ward’s finances, the request is not in proper form and not appropriate in a guardianship over the person (only) that has since terminated by operation of law.

1/13/2026 8:10 am

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

Department 5 January 16, 2026 1:30 pm DA Case # Date Filed

10 CV67931 Petition of AD 12/18/2025

AD Pro Per

OSC Hearing - Name Change

12/18/2025 Petition File Tracking 12/24/2025 High Density

Confidential proceeding.

Voir dire.

1/13/2026 8:10 am

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

Department 5 January 16, 2026 1:30 pm DA Case # Date Filed

11 CV67785 Petition of KH 10/30/2025

KH Pro Per

OSC Hearing - Name Change

10/30/2025 Petition File Tracking 11/14/2025 High Density

Confidential proceeding.

Voir dire.

1/13/2026 8:10 am

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

Department 5 January 16, 2026 1:30 pm DA Case # Date Filed

12 CV67840 Petition of Derek Nunes 11/24/2025

Derek Nunes Pro Per

City of sonora

Writ of Mandate Hearing

11/24/2025 Petition File Tracking 11/24/2025 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.

Need full stip … Need also administrative record, discovery plan (if any) and trial procedures.

This is a petition for a writ of mandamus seeking disclosure of public records under the control of the City of
Sonora pertaining to the waste management franchise previously awarded to California Waste Recovery Systems,
LLC. The petition was filed 11/24/2025, and assigned an initial hearing date of 01/21/2026.

Two weeks after filing the petition, petitioner seemingly learned about the City’s “Prop 218” public hearing scheduled for 5:00 p.m. on 01/20/2026. This is the hearing at which affected constituents may formally object to rate changes that are expected to accompany the aforementioned waste management franchise (though objections can be lodged via mail-in ballot beforehand). Petitioner has not sought this Court’s oversight of the ballot process itself, but filed an ex parte application seeking to specially-set and advance the initial hearing date on this petition. Although this Court granted the request to specially-set the hearing to occur prior to the Prop 218 hearing, it is not clear to this Court why it matters. Even assuming that this Court finds that respondent must do more, this does not make it more likely than not that a majority of constituents would object if they were not already predisposed to do so. Besides, any injunction here would likely be stayed pending an undertaking. See Stevenson v. City of Sacramento (2020) 55 Cal.App.5th 545, 551-556. Since CA Const. Art. XIII.D §4(e) provides that the hearing shall occur “not less than 45 days after mailing the notice,” and Govt. Code §53753(d) provides that “the public hearing may be continued from time to time,” it seems to this Court that what petitioner really wants is an order pushing the Prop 218 hearing 60 days – but of course that relief is not available as part of this narrow public records petition.

Back to that. We start, as we must, with the general rule that the right to receive copies of public records is never
absolute, but rather subject to an implied rule of reasonableness. See Govt. Code §7922.000; Long Beach Police
Officers Ass'n v. City of Long Beach (2014) 59 Cal.4th 59, 74. This is why the burden ultimately falls of the
requestor to be reasonably precise. See §§ 7922.530(a), 7922.600(a). Anything discoverable yet withheld is
potentially subject to Vaughn indexing, a reasonable explanation for the decision to withhold, and in camera
review. See §7923.105; Golden Door Properties, LLC v. Superior Court (2020) 53 Cal.App.5th 733, 790-792.
However, while agencies can elect to produce an index (see §7922.605), there is no obligation to provide a
log/index of everything unless a court orders it. See Haynie v. Superior Court (2001) 26 Cal.4th 1061, 1072-1075.
Finally, once a petition has been filed, an order may be secured requiring respondent to provide a factual basis to
establish that it conducted a diligent search and reasonable inquiry of those under its control. See, e.g., CCP
§2031.230; Govt. Code §7922.000; City of San Jose v. Superior Court (2017) 2 Cal.5th 608, 627-629; Community
Youth Athletic Ctr. v. City of National City (2013) 220 Cal.App.4th 1385, 1428-1429. Since respondent contends
that it fully complied with RPD #1, and that petitioner actually created an RPD #2 that is still open, the first step
here is to order the preparation and lodging of a complete administrative record, followed by possible depositions.

1/13/2026 8:10 am

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

Department 5 January 16, 2026 1:30 pm DA Case # Date Filed

13 CV67799 Petition of Lukas Cole Stifter 11/03/2025

Lukas Cole Stifter Pro Per

OSC Hearing - Name Change

11/03/2025 Petition File Tracking 11/14/2025 High Density

Petition to change last name.

Publication complete.

Voir dire.

1/13/2026 8:10 am

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

Department 5 January 16, 2026 1:30 pm DA Case # Date Filed

14 CV67782 Petition of Shian Marie VanRappard 10/30/2025

Shian Marie VanRappard Pro Per

OSC Hearing - Name Change

10/30/2025 Petition File Tracking 11/14/2025 High Density

Petition to change entire name.

Publication complete.

Voir dire.

1/13/2026 8:10 am