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25PR000112·napa·Civil·Conservatorship
Hearing todayGRANTED

Conservatorship of Susan Rowan

First account and report of conservator; Petition for allowance of fees

Hearing date
Sep 4, 2026
Department
C
Prevailing
Moving Party
Next hearing
Sep 7, 2028

Motion type

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Ruling

TENTATIVE RULINGS

FOR: September 04, 2026

If you do not see a tentative ruling for a scheduled matter, then attendance at the hearing is required.

Remote appearances via Zoom are optional. Please use Zoom at the links listed below.

If you have cases scheduled in both courtrooms at the same time, first log-in to the Zoom session for the department that has your quickest matter(s), and upon check-in, ask the clerk to email the clerk in the other department to advise that you will be late to the other Zoom session.

Dept. C Zoom Join by Video (Preferred) https://www.zoomgov.com/j/1612082144?pwd=lndSeTFL0FCgo5tmb81mA8WbhAHBjV.1 Join by Phone: 833 568 8864 or 833 435 1820 Meeting ID: 161 208 2144 Password: 214077

Dept. 6 Zoom Join by Video (Preferred) https://www.zoomgov.com/j/1611412615?pwd=CVuzAdEmMJNjcWp0iWBmt1blRNHvyP.1 Join by Phone: 833 568 8864 or 833 435 1820 Meeting ID: 161 141 2615 Password: 649401

Court Reporting Services – The Court does not provide official court reporters in proceedings for which such services are not legally mandated. Parties are responsible for either making the appropriate request in advance or arranging for their own private court reporter. Go to http://napacountybar.org/court-reporting-services/ for information about local private court reporters. Attorneys or parties must confer with each other to avoid having more than one court reporter present for the same hearing.

“Recording Court proceedings (whether by Zoom’s AI Meeting Summary functionality or by any other means) is PROHIBITED without express permission from a judicial officer. (Cal. Rules of Court, Rule 1.150(c) & (d))

** All matters originally set in Dept. A & B will be heard in Dept. C **

PROBATE CALENDAR – Hon. Robert Stamps, Dept. C (Historic Courthouse) at 8:30 a.m.

Conservatorship of Susan Rowan 25PR000112

[1] FIRST ACCOUNT AND REPORT OF CONSERVATOR; PETITION FOR ALLOWANCE OF FEES TO CONSERVATOR OF PERSON AND ESTATE AND ATTORNEY FOR CONSERVATOR [2] REVIEW – 1ST YEAR

TENTATIVE RULING: The petition is GRANTED, including fees as prayed. After a review of the matter, the Court finds the conservator is acting in the best interest of the conservatee. Thus, the matter is set for a biennial review and accounting in two years on September 7, 2028, at 8:30 a.m. in Dept. A. All accounting documents must be filed at least 30 days prior to the hearing. The court investigator shall prepare a biennial investigator report for the next hearing date. The clerk is directed to send notice to the parties.

Based on the report of the court investigator, the Court determines by clear and convincing evidence the conservatee cannot communicate, with or without reasonable accommodation, a desire to participate in the voting process, and orders the conservatee disqualified from voting pursuant to Elections Code section 2208.

In The Matter of 2012 Irrevocable Matthew L. Gennet Trust 25PR000301

RESPONDENTS MATTHEW L. GENNET AND JON CONHAIM’S MOTION TO BIFURCATE

TENTATIVE RULING: The matter is continued to October 6, 2026, at 8:30 a.m. in Dept. B. Respondents failed to provide sufficient notice of the motion. (See Code Civ. Proc., §§ 12c, subds. (a) and (b), 1005, subd. (b), and 1010.6, subd. (a)(3)(B).) Electronic service occurred on August 13, 2026. The last day for service was August 11, 2026. Petitioner raised an objection to the defective notice in opposition. Petitioner specifically indicated the substantive response on the merits did not constitute waiver or consent to the hearing as noticed.

Petitioner requested a continuance. (Opp., pp. 3-8.) Respondents acknowledged the deficiency in their reply and contend there was no prejudice to petitioner due to the improper notice as petitioner was able to file a substantive response. Respondents, however, cite no applicable authority to support their contention. Because petitioner has not waived the defective service, the Court is without jurisdiction to hear the motion and has not reviewed the merits. (Diaz v. Prof. Cmty. Mgmt., Inc. (2017) 16 Cal.App.5th 1190, 1204-05 [“The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.”].)

As respondents did not respond to the request for a continuance in the reply, and there is no evidence the parties met and conferred on the issue, the proper remedy is an entirely new notice period.

Respondents are directed to: (1) prepare an amended notice containing the continued hearing date and comply with Local Rule 2.9 as to the tentative ruling system; (2) provide timely service of the amended notice and all moving papers; (3) file a proof of service pursuant to California Rules of Court, rule 3.1300, subd. (c); and (4) review the local rules.

Petitioner is granted leave to file and serve an amended opposition no later than September 22, 2026. The amended opposition must be a complete and self-contained opposition and not simply an addendum to the August 24, 2026 opposition. The amended opposition must comply with all procedural requirements for oppositions to motions. The Court will disregard the previous opposition. Respondents are granted leave to serve and file, no later than September 29, 2026, a complete and self-contained amended reply complying with all procedural

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