In The Matter of The Ashe Family Trust

16.) Thus, Mr. Vu explicitly alleges that all of the protected activities alleged occurred after Ms. Huong Vu passed away.

The Court is aware of no authority providing that an estate may maintain a claim for elder abuse based on allegations that a defendant took, secreted, appropriated, obtained, or retained real or personal property of an elder after the elder’s death. (See Ring v. Harmon (2021) 72 Cal.App.5th 844, 851.) [“No authority supports the notion that the personal representative of a probate estate, acting in that capacity, has standing to bring an elder abuse claim on behalf of a beneficiary of that estate”].)

Based on the foregoing, Mr. Eriksson fails to show that either the second or sixth cause of action arises out of the protected activities. For this reason, the Court does not have authority to strike paragraphs 14, 15, 16, and/or 18 pursuant to Section 425.16,

However, in light of the Court’s ruling granting Mr. Eriksson’s motion to strike the second through fifth causes of action, the finding that these allegations cannot, as a matter of law, support either of the remaining claims – the first and sixth causes of action – renders the allegations irrelevant. While the Court does not have authority to strike paragraphs 14, 15, 16, and/or 18 pursuant to Section 425.16, it does have authority to strike them pursuant to Code of Civil Procedure section 436 on grounds that they are irrelevant.

Shirley Jo Kilgore v. Piner’s Nursing Home 26CV001142

PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES TO WRITTEN DISCOVERY, SET ONE; REQUEST FOR SANCTIONS

APPEARANCE REQUIRED.

PROBATE CALENDAR – Hon. Joseph J. Solga, Dept. B (Historic Courthouse) at 8:30 a.m.

Estate of Christopher Matthew Gillespie 19PR000227

FIRST AND FINAL ACCOUNT AND REPORT OF EXECUTOR AND PETITION FOR ITS SETTLEMENT AND FOR FINAL DISTRIBUTION

TENTATIVE RULING: In light of the Supplemental Briefing and Request for Continuance, filed September 3, 2026, the matter is CONTINUED to October 13, 2026, at 8:30 a.m. in Dept. B. By October 6, 2026, Executor and Objector shall each, or jointly, file and serve supplemental briefing as to the status of the matter.

In The Matter of The Ashe Family Trust 20PR000163

PETITIONER’S MOTION FOR LEAVE TO FILE AMENDED OPPOSITION TO AMEND PETITION FOR SURCHARGE

APPEARANCE REQUIRED

The moving party fails to include, in the notice of this motion, the current version of the Tentative Ruling notice required by Local Rule 2.9, effective 1/1/26. The current version allows a party or counsel to request a hearing by calling the Court or emailing the Court, at JudicialReception2@napa.courts.ca.gov and providing specified information set out in Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the current Tentative Ruling notice explicitly required by Local Rule 2.9 to opposing party/ies forthwith.

The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing.

Conservatorship of James Stephen Spellmon 25PR000067

[1] ACCOUNTING

[2] REVIEW – 1ST YEAR

TENTATIVE RULING: Both matters are CONTINUED to October 08, 2026, at 8:30 a.m. in Dept. B to allow for preparation of an accounting and to allow conservator time to file: (1) Notice of Conservatee’s Rights (Judicial Council form GC-341) mailed to relatives of the proposed Conservatee within the second degree; and (2) Care Plan (Judicial Council form GC- 355/356).

The Conservators failed to file an Inventory and Appraisal (GC-040) and accounting as required for conservatorships of the estate pursuant to Probate Code section 2620, subdivision (a). If no accounting is timely filed in advance of the continued hearing, Conservators will be directed to appear to explain the ongoing failure. The Clerk is directed to send notice to the parties.

Conservators are encouraged to contact the Court’s Self-Help Center, located on the lower level of the Historic Courthouse at 825 Brown Street, for assistance.

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