Tuolumne — Proposed Amendments for Local Rules and Forms - July 1st, 2017

Source: https://www.tuolumne.courts.ca.gov/system/files/proposed_amendments_20170701.pdf

Sparse pages use OCR; original PDF remains authoritative.

SUPERIOR COURT OF CALIFORNIA COUNTY OF TUOLUMNE Jeanine D. Tucker, Court Executive Officer 41 W. Yaney Avenue Sonora, CA 95370 March 30, 2017 Proposed Amendments to Local Rules and Forms to Become Effective July 1, 2017 Pursuant to California Rules of Court, rule 10.613, subdivision (g), the following proposed amendments to the local rules and forms are hereby distributed for comment. Public comments must be submitted in writing and directed to Jeanine D. Tucker, Court Executive Officer, Superior Court of California, County of Tuolumne, 41 W. Yaney Avenue, Sonora, CA 95370. Comments must be received no later than 3:00 p.m. on May 12, 2017. During this cycle, we propose amendments affecting fifteen local rules. A high-level summary of the proposed amendments, along with brief explanations of the reasons for the proposals, is provided in the first table below. Attached to this document is the text of each rule as it would appear if the proposals are adopted, accompanied by redlined changes to the existing rules that reflect exactly how the existing rules would change. In addition, we propose the adoption of one new local form for management of civil cases assigned to the Honorable Kevin M. Seibert, the adoption of five new local forms to implement proposed new rule 2.04.1, and the revocation of one local form that will not be necessary after April 3, 2017. The new forms are listed in the second table below and attached to this document after the text of proposed rule 2.04.1. Proposed Rule A a i Explanation 2.04.1 Add Provide a fast and informal means of resolving discovery issues in civil cases using limited paperwork and informal discovery conferences. Modeled after Fresno County Superior Court’s local rule 2.1.17. 5.16.0 Amend Establish procedures for posting notices at the courthouse concerning the sale of real property in decedent’s estate cases. 5.17.1 Add Standardize accountings in decedent’s estate cases with respect to the issues covered by Probate Code section 1064, subdivision (a) and thereby reduce unnecessary delays in approving accountings. 6.01.0 Amend Delete provisions in subdivision (a) that merely duplicate requirements of Probate Code section 2250. 6.03.0 Amend Clarify acceptable ways for petitioners to request independent powers under Probate Code sections 2590 and 2591 in conservatorship and guardianship cases. Eliminate the requirement that a separate attachment to the petition be filed for this purpose in all cases.

6.05.0 Amend Address widespread noncompliance with the existing rule governing notice of a conservatee’s or ward’s residence by (1) deleting a provision that merely duplicates requirements in the instructions of mandatory Judicial Council forms, (2) allowing multiple methods of satisfying the requirement in connection with accountings, and (3) pointing litigants to other authorities governing changes in residence. 6.07.0 Revoke Revoke as duplicative of other authorities: instructions on mandatory Judicial Council form FL-105/GC-120; Probate Code section 2352: California Rules of Court, rule 7.1013; and local rule 6.02.0. 6.09.0 Amend Consolidate rules governing inventories and appraisals for ease of use: move provision from current rule 6.11.0 to proposed new subdivision (b). 6.10.0 Revoke Revoke as duplicative of Probate Code section 2610 and language that routinely appears in the Court’s probate notes and probate minute orders. 6.11.0 Revoke Move existing provisions to more appropriate places within the local rules: rules 6.09.0 (inventories and appraisals) and 6.14.0 (accountings). Substantive requirements would be preserved. 6.12.0 Amend Delete provisions that merely duplicate existing law regarding accountings (Probate Code section 2620, subdivision (a)) and the requirement to use mandatory Judicial Council form GC-310 for petitions to appoint successor conservators. 6.13.0 Amend Establish procedures for posting notices at the courthouse concerning the sale of property of a conservatee’s or ward’s estate. 6.14.0 Amend Standardize accountings in cases involving conservatorships and guardianships of the estate with respect to the issues covered by Probate Code section 1064, subdivision (a) and thereby reduce unnecessary delays in approving accountings. Increase clarity regarding notice requirements. Consolidate rules governing accountings for ease of use: move provision from current rule 6.11.0 to proposed new subdivision (d), and move current rule 6.15.0 in its entirety to proposed new subdivision (e). 6.15.0 Revoke Move rule in its entirety to rule 6.14.0. 11.02.0 Revoke Revoke as unnecessary after April 3, 2017, when the statewide traffic tickets/infractions amnesty program that began on October 1, 2015, expires. Proposed Form A ay on Explanation TUO-CV-250 Add Adopt new standing case management order for civil cases assigned to the Honorable Kevin M. Seibert. TUO-CV-275 Add Implement proposed new rule 2.04.1 re informal discovery conferences. TUO-CV-300 Add Implement proposed new rule 2.04.1 re informal discovery conferences. TUO-CV-325 Add Implement proposed new rule 2.04.1 re informal discovery conferences. TUO-CV-350 Add Implement proposed new rule 2.04.1 re informal discovery conferences. TUO-CV-350(a) Add Implement proposed new rule 2.04.1 re informal discovery conferences. TUO-TRF-200 Revoke Revoke as unnecessary after April 3, 2017, when the statewide traffic tickets/infractions amnesty program that began on October 1, 2015, expires. Finally, outside of this cycle, we have reformatted the form fields on each of our existing local forms for consistency and ease of use. Because of the formatting change, each local form now has a revised date of March 1, 2017.

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17)

Proposed new rule 2.04.1 Resolution of Discovery Disputes: It is the Court’s policy to attempt to resolve discovery disputes informally and efficiently. Accordingly, the Court has instituted special procedures for the resolution of discovery disputes through Informal Discovery Conferences, which must be scheduled on local forms that are available from the clerk’s office and on the Court’s Web site. Filing a request for an Informal Discovery Conference tolls the time for filing a motion to compel discovery on the disputed issues, as detailed below. These procedures are intended to provide a fast and informal means of resolving discovery issues using limited paperwork and an informal conference with the Court to aid inthe resolution of the issues. a. Prior to the discovery cut-off in an action, no motion under the California Civil Discovery Act (Code Civ. Proc., § 2016.010 et'seq.) shall be filed or heard unless the moving party has first filed a written Request for Informal Discovery Conference (“Request”) and the Court has acted or is deemed.to have acted on that Request in any manner set forth in subdivision (f) below. b. Following a reasonable and good-faith attempt to achieve-an informal resolution of each issue to be presented (which should include both written andeither in-person or telephone communication), a party may request.an Informal Discovery Conference. The party requesting the Informal Discovery Conference must file a Request with the clerk’s office on local form TUO-CV-250 and serve the opposing party pursuant to any authorized or agreed-upon method of service that ensures the opposing party receives the Request no later than the next court day following the filing. Cs The opposition to a Request must be made using local form TUO-CV-275, must be filed within five (5) court days of receipt of the Request, and must be served on the party that requested the Informal Discovery Conference pursuant to any authorized or agreed-upon method of service that ensures the party receives the opposition no later than the next court day following the filing. d. No other pleadings regarding the discovery dispute, including but not limited to exhibits, declarations, or attachments, will be accepted, except for a privilege log, if required (see subdivision (e) below). e. Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilege log shall identify all sending and receiving persons or entities, as well as include information sufficient to apprise the opposing party and the Court of the basis for the asserted privilege.

f. Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Court’s action on a Request for Informal Discovery Conference

1. Ifthe Court acts on the Request, the parties will be notified whether it has been granted or denied and, if granted, the date and time of the Informal Discovery Conference. The Court will use local form TUO-CV-325 for this purpose. The Informal Discovery Conference will be calendared to be held within thirty (30) days of the filing of the Request.
2. Ifthe Court has not granted or denied the Request within fifteen (15) days following the filing of the Request, then it shall be deemed to have been denied at that time.
3. Ifthe Informal Discovery Conference is not held within thirty (30) days of the filing of the Request, then the Request shall be deemed to have been denied at that time, unless the time for holding it has been extended by agreement of the parties and the Court. At the Informal Discovery Conference, the Court will consider the dispute presented by parties and determine whether it can be resolved informally. Nothing set forth herein will preclude a party from making a record at the conclusion of an Informal Discovery Conference, either orally or in writing. If (1) the Court has denied the Request, (2) one of the deadlines above has expired without the Court’s having acted, or (3) the Informal Discovery Conference is concluded without resolving the dispute, then a party may file a discovery motion to address unresolved issues, The time for‘making a motion to compel or other discovery motion regarding the disputed issues is tolled fromthe date of filing of the Request until the Request is denied or deemed denied, unless extended by order of the Court. Nothing herein shall preclude any party from applying ex parte for appropriate relief, including an order shortening time for a motion to be heard concerning discovery. References to “days” mean calendar days, unless otherwise noted. If the date for performing any act falls on a Saturday, Sunday, or court holiday, then the time for performing that act shall be extended to the next court day. Refusal by any counsel to participate in an Informal Discovery Conference shall, in the discretion of the Court, be grounds for entry of an order adverse to the party represented by counsel so refusing or adverse to that counsel. Failure to file written opposition to the merits underlying a Request will be considered refusal to participate. When there is no written opposition to the merits of the Request, the Court may, in its discretion, enter an order adverse to the non-responding party or counsel.

TUO-CV-250 SUPERIOR COURT OF CALIFORNIA Space below for use of Court Clerk only COUNTY OF TUOLUMNE 41 W. Yaney Avenue Sonora, CA 95370 Phone: (209) 533-5555 STANDING CASE MANAGEMENT ORDER FOR CASES ASSIGNED TO THE HONORABLE KEVIN M. SEIBERT Gase Number: INSTRUCTIONS TO PLAINTIFF(S)/CROSS-COMPLAINANT(S): You must serve a copy of this Standing Case Management*Order on all defendants/cross- defendants at the same time the complaint/cross-complaint is served.

|. GENERAL MATTERS

A. It is the Court’s policy to provide a. dignified. forum in which to resolve disputes in a professional, legally correct and expeditious manner. All of the following rules are designed to achieve these.goals. It is not the Court's intention to prohibit a party from raising any issue by any means. allowed by court rule or statute. If any of the rules or procedures set forth-herein creates a problem, counsel should raise the matter with the Court at the earliest opportunity after the parties-have appeared. B. Unlessetherwise ordered, electronié communication with the courtroom clerk is permissible for routine communications having to do with scheduling, stipulated continuances, and/or joint. requests. Substantive arguments are not permitted unless approved =in advance by the Court. Opposing counsel should be copied on any correspondence with the clerk in order to avoid ex parte communications. The clerk’s email address is: courtclerks@tuolumne.courts.ca.gov. C. Counsel should silence all audible telephones and pagers and instruct their clients and witnesses to do so when in the courtroom. Communication devices worn on the head are not permitted in the courtroom. ll. CASE MANAGEMENT CONFERENCES (“CMCs’) A. Unless otherwise specifically ordered, CMC statements are required to be filed in accordance with the California Rules of Court. The Court expects that counsel will be prepared to discuss the current status of the case, discovery, amenability to mediation, and any unusual factual, legal, or evidentiary issues that may need resolution. Item 16 Courtroom Policies for Cases Assigned to the Honorable Kevin M. Seibert Page 1 of 4 TUO-CV-250 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California, County of Tuolumne

of the Judicial Council's mandatory Case Management Statement form (CM-110) requires details on anticipated discovery, including specific dates for completion of the anticipated discovery. Descriptions such as “per code” or “ongoing” do not meet the requirement to provide details and therefore are not acceptable. Counsel who fail to appear at a CMC, or who fail to timely file and serve a CMC statement, will typically be required to appear at an OSC hearing regarding why sanctions should not be imposed. The initial sanction amount is ordinarily $150.00. Ill. LAW AND MOTION MATTERS A. To the extent practicable, the Court will post tentative rulings-on law and motion matters in unlimited-jurisdiction civil cases on the Court’s*website no later than 3:00 p.m. on the day before the hearing. The Court's website is located at www.tuolumne.courts.ca.gov. B. When parties agree to submit a matter based on a tentative ruling or to have a matter taken off calendar, counsel should promptly notify both the courtroem.clerk and the Court's research attorney. Such notification is important in order to avoid unnecessary commitment of judicial resources to. moot *matters. The research attorney’s email address is klew@tuolumne.courts.ca.gov. C. The parties are strongly encouraged to “preview” complicated law and motion matters with the Court at CMCs. This procedure may obviate or narrow the scope of summary judgment motions and other matters that.depend heavily on controverted facts, and it will save time and effort of all involved. D. Discovery Dispute Resolution Procedures: It is the Court’s policy to attempt to resolve discovery’ disputes informally and efficiently. Accordingly, the Court has instituted special procedures forthe resolution of discovery disputes through Informal Discovery Conferences, which must be scheduled on local forms that are available from the clerk’s.6ffice and°on the Court's Web site. Filing a request for an Informal Discovery Conference tolls the time. for filing:a motion to compel discovery on the disputed issues, as detailed below. These procedures’are intended to provide a fast and informal means of resolving.discovery issues using limited paperwork and an informal conference with the Court to aid in the resolution of the issues.

1. Prior to the discovery cut-off in this action, no motion under the California Civil Discovery Act (Code Civ. Proc., § 2016.010 et seq.) shall be filed or heard unless the moving party has first filed a written Request for Informal Discovery Conference (“Request”) and the Court has acted or is deemed to have acted on that Request in any manner set forth in paragraph 6 below.
2. Following a reasonable and good-faith attempt to achieve an_ informal resolution of each issue to be presented (which should include both written and either in-person or telephone communication), a party may request an Informal Discovery Conference. The party requesting the Informal Discovery Courtroom Policies for Cases Assigned to the Honorable Kevin M. Seibert Page 2 of 4 TUO-CV-250 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California, County of Tuolumne

TUO-CV-250 Conference must file a Request with the clerk’s office on the approved form TUO-CV-275 and serve the opposing party pursuant to any authorized or agreed-upon method of service that ensures the opposing part receives the Request no later than the next court day following the filing. 3. The opposition to a Request must be made using local form TUO-CV-300, must be filed within five (5) court days of receipt of the Request, and must be served on the part that requested the Informal Discovery Conference pursuant to any authorized or agreed-upon method of service that ensures the [arty receives the opposition no later than the next.court day following the filing. 4. No other pleadings, including but not limited to exhibits, declarations, or attachments, will be accepted, except for a privilege log, if required (see below). 5. Where privilege is a basis for refusal to produce documents, privilege logs must be provided. The privilegeog shall identify all sending and receiving persons or entities, as well as include information sufficient to apprise the opposing party and the Court of the basis for the asserted privilege. 6. Court’s action on a Request for:lnformal Discovery. Conference a. If the Court acts on the Request, the*parties will be notified whether it has been granted or denied and, if granted, the-date and time of the Informal Discovery.Gonference. The Court will use local form TUO-CV-325 for this purpose; The Informal Discovery Conference will be calendared to be held within thirty (30) days of the filing of the Request. b. If the Court has.not granted_or denied the Request within fifteen (15) days following the filing of the Request, then it shall be deemed to have been denied at that time. ¢c. If the Informal, Discovery Conference is not held within thirty (30) days of the filing of the Request, then the Request shall be deemed to have been denied at that time, unless the time for holding it has been extended by agreement of the parties and the Court. 7. At the Informal Discovery Conference, the Court will consider the dispute presented by parties and determine whether it can be resolved informally. Nothing set forth herein will preclude a party from making a record at the conclusion of an Informal Discovery Conference, either orally or in writing. 8. If (a) the Court has denied the Request, (b) one of the deadlines above has expired without the Court’s having acted, or (c) the Informal Discovery Courtroom Policies for Cases Assigned to the Honorable Kevin M. Seibert Page 3 of 4 TUO-CV-250 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California, County of Tuolumne

TUO-CV-250 Conference is concluded without resolving the dispute, then a party may file a discovery motion to address unresolved issues. 9. The time for making a motion to compel or other discovery motion regarding the disputed issues is tolled from the date of filing of the Request until the Request is denied or deemed denied, unless extended by order of the Court. 10. Nothing herein shall preclude any party from applying ex parte for appropriate relief, including an order shortening time for a motion to be heard concerning discovery. 11. References to “days” mean calendar days, unless. otherwise noted. If the date for performing any act falls on a Saturday,Sunday, or court holiday, then the time for performing that act shall be extended to the next court day. 12. Refusal by any counsel to participate.in an Informal Discovery Conference shall, in the discretion of the Court, be grounds for entry of an order adverse to the party represented by counsel so.refusing.or adverse to that counsel. Failure to file written opposition to the merits underlying a Request will be considered refusal to participate. When there is no written opposition to the merits of the Request, thesCourt may, in its discretion, enter an order adverse to the non-responding party or counsel. . IV. TRIAL When cases are’ set@for trial, counsel shall obtain the Department 4 Trial Management Order from the Court. ae OC) f

• = ) | f / HON. KEVIN M. SEIBERT JUDGE OF THE SUPERIOR COURT Courtroom Policies for Cases Assigned to the Honorable Kevin M. Seibert Page 4 of 4 TUO-CV-250 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California, County of Tuolumne

TUO-CV-275 Attorney or Unrepresented Party (name, address and phone no.): California Bar No.: Space below for use of Court Clerk only Attornev for (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUOLUMNE 41 West Yaney Avenue Sonora, CA 95370 (209) 533-5555 Plaintiff: Defendant: Case Number: REQUEST FOR INFORMAL DISCOVERY CONFERENCE

1. Deadline for Court to decide on Request: (Insert date 15 calendar days following filing of.the Request.)
2. Deadline for Court to hold Informal Discovery Conference: (Insert date 30 calendar days. following the filing.of the Request.)
3. Briefly describe the nature of the discovery dispute, including the meet-and-confer efforts prior to filing this Request, the facts and legal arguments at.issue, and the specific relief requested: [_] Continued on Page 2 This Request must be served on opposing counsel or party pursuant to any authorized or agreed-upon method of service that ensures the opposing side receives the Request no later than the next court day following the filing. Any opposition must be filed within five (5) court days of receipt of this Request and served on opposing counsel or party pursuant to any authorized or agreed-upon method of service that ensures the opposing counsel or party receives the opposition no later than the next court day following the filing. This form must be prepared using 12-point type and may not exceed 2 pages. REQUEST FOR INFORMAL DISCOVERY CONFERENCE Page 1 of 2 TUO-CV-275 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California

TUO-CV-275 PARTIES: CASE NO.: (Continued from Page 1) Briefly describe the nature of the discovery dispute, including the meet-and- confer efforts prior to filing this Request, the facts and legal arguments at issue, and the specific relief requested: DATED: Printed name of Party or Attorney for Party Signature of Party or Attorney for Party REQUEST FOR INFORMAL DISCOVERY CONFERENCE TUO-CV-275 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California

TUO-CV-300 Attorney or Unrepresented Party (name, address and phone no.): California Bar No.: Space below for use of Court Clerk only Attornev for (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUOLUMNE 41 West Yaney Avenue Sonora, CA 95370 (209) 533-5555 Plaintiff: Defendant: Case Number: OPPOSITION TO REQUEST FOR INFORMAL DISCOVERY CONFERENCE Briefly describe why the Court should deny the requested felief, including the facts and legal arguments at issue: [_] Continued on page 2 This Opposition must be served on opposing counsel or party pursuant to any authorized or agreed-upon method of service that ensures the opposing side receives this Opposition no later than the next court day following the filing. Any opposition must be filed within five (5) court days of receipt of a Request for Informal Discovery Conference. This form must be prepared using 12-point type and may not exceed 2 pages. OPPOSITION TO REQUEST FOR INFORMAL DISCOVERY CONFERENCE Page 1 of 2 TUO-CV-300 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California

TUO-CV-300 PARTIES: CASE NO.: (Continued from page 1) Briefly describe why the Court should deny the requested relief, including the facts and legal arguments at issue: DATED: Printed name of Party or Attorney for Party Signature of Party or Attorney for Party OPPOSITION TO REQUEST FOR INFORMAL DISCOVERY CONFERENCE Page 2 of 2 TUO-CV-300 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California

TUO-CV-325 Space below for use of Court Clerk only SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUOLUMNE 41 West Yaney Avenue Sonora, CA 95370 (209) 533-5555 Plaintiff: Defendant: ORDER ON REQUEST FOR INFORMAL DISCOVERY CONFERENCE Case'Number: The Request for Informal Discovery Conference is: (] Granted. The Informal Discovery Conference is set for at a.m./ p.m. in Dept... The time for filing a motion to compel discovery. on the-disputed issués is:tolled until the date set for the Informal Discovery Conference. Refusal of any counsel or unrepresented party to participate in an Informal Discovery Conference shall be grounds, in the discretion.of the Court, for entry of an order adverse to the party represented by counsel so refusing or adverse to that counsel. [] Denied for the following reason(s): Failure to makesrequest on the mandatory local form Insufficient evidence of meet-and-confer efforts prior to filing the Request Failure to provide a sufficient summary of the dispute Failure to provide a proper privilege log Failure to file proof of service of a copy of the Request on the opposing party The Court finds that the current dispute will not benefit from an Informal Discovery Conference. Other: OOOodoa oO L] Plaintiff(s) [] Defendant(s) [] Cross-Complainant(s) [] Cross-Defendant(s) [[] Other(s) may file a discovery motion limited to the dispute set out in the Request for Informal Discovery Conference. DATED: Judge of the Superior Court ORDER ON REQUEST FOR INFORMAL DISCOVERY CONFERENCE TUO-CV-325 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California

TUO-CV-350 Space below for use of Court Clerk only SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUOLUMNE 41 West Yaney Avenue Sonora, CA 95370 (209) 533-5555 Plaintiff: Defendant: ORDER AFTER INFORMAL DISCOVERY CONFERENCE | ~~ SU™°° Conference date: Judge: Dept. CL] The parties, after discussion and negotiation, agree to’the following order: (| The parties having stipulated that the Court may issue an order adjudicating the merits of the discovery dispute, the Court now.rules:as follows: L] The parties are unable.to reach an agreement. may file a motion to: (_] The motion must be filed by the following date: DATED: Judge of the Superior Court (1 Continued on “Attachment to Order After Informal Discovery Conference” ORDER AFTER INFORMAL DISCOVERY CONFERENCE TUO-CV-350 Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California

TUO-CV-350(a) Space below for use of Court Clerk only SUPERIOR COURT OF CALIFORNIA, COUNTY OF TUOLUMNE 41 West Yaney Avenue Sonora, CA 95370 (209) 533-5555 Plaintiff: Defendant: ATTACHMENT TO ORDER AFTER INFORMAL DISCOVERY CONFERENCE ggose Number: IT IS SO ORERED. DATED: Judge of the Superior Court ATTACHMENT TO ORDER AFTER INFORMAL DISCOVERY CONFERENCE TUO-CV-350(a) Form Adopted for Local Use - New July 1, 2017 Local Rules of the Superior Court of California

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Rule 5.16.0 Proposed rule as amended 5.16.0 Sale of Real Property: Notice must be given to the proposed purchaser or his agent of the time and place of hearing. Appearance is required. A copy of the contract of sale shall be attached to the petition for confirmation of sale. Petitions for confirmation of sales of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate that should be covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition. Where the estate owns only a fractional interest.in the real property, the petition must state whether the sale is conditional upon closing of a sale of the unowned fraction. The other fractional owner(s) shall be given notice of the hearing. If the whole parcel is being sold, only the fractional interest and its value shall. be listed on the petition and used to calculate the overbid. To request posting of the notice of hearing at the courthouse pursuant to Probate Code section 10308, subdivision (c) and section 1230, the petitioner shall file a written request, directed to the clerk’s office, for posting of the notice and shall attach to the request a copy of the notice to be posted. The request shall be filed at least two court days priorto the date on which the posting must begin in order to allow the clerk’s office sufficient time to process the request and post the notice. Upon posting the notice, the.clerk’s office will prepare and file proof of posting, which proof will include the date the posting began. Ovyerbids: All overbids made in open court must be in writing before the judge will accept the offer and grant the sale. Current rule with redlined amendments 5.16.0 a. Sale of Real Property: Notice must be given to the proposed purchaser or his agent of the time and place of hearing. Appearance is required. A copy of the contract of sale shall be attached to the petition for confirmation of sale. Petitions for confirmation of sales of real property shall set forth the amount of bond in force at the time of the sale and the amount of property in the estate that should be 3

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) covered by a bond. If no additional bond is required or if bond is waived, that fact should be alleged in the petition. Where the estate owns only a fractional interest in the real property, the petition must state whether the sale is conditional upon closing of a sale of the unowned fraction. The other fractional owner(s) shall be given notice of the hearing. If the whole parcel is being sold, only the fractional interest and its value shall be listed on the petition and used to calculate the overbid. To request posting of the notice of hearing at the courthouse/pursuant to Probate Code section 10308, subdivision (c) and section 1230, the petitioner shall file a written request, directed to the clerk’s office, for posting of thé noticé.and shall attach to the request a copy of the notice to be posted. The request shall be filed at least two court days prior to the date on which the posting mustegin ‘in order to allow the clerk’s office sufficient time to process the request and post the notice. Upon posting the notice, the clerk’s office will prepare and file proof of posting, which proof will include the date the posting began. Overbids: All overbids made in open court must be in writing before the judge will accept the offer and grant the sale.

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17)

Proposed new rule 5.17.1 Accountings: A petition or report accompanying an accounting filed pursuant to Probate Code section 1060 et seq. shall affirmatively address each of the issues covered by subdivision (a) of Probate Code section 1064, including as follows: a. If there were no sales, purchases, changes in the form of assets, or.other transactions during the accounting period that are not otherwise readily understandable from the schedules, the petition or report shall so state. If there were any sales, purchases, changes in the form of assets, or other transactions that are not readily understandable from the schedules, an adequate description shall be provided, along with references to any applicable schedule(s), attachments, and/or other documents in the court record. b. If there are no unusual items appearing in the account, the petition or report shall so state. If there are any unusual items, an adequate explanation shall be provided, along with references to any relevant schedules, attachments, and/or other documents in the court record. Ci Ifno compensation was paid as set forthat section 1064, subdivision (a)(3), the petition or report shall so state. d. If there was no family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the accounting period, the petition or report shall so state. e. If the cash has not been invested and maintained as set forth at section 1064, subdivision (a)(5), the petition or report shall so:state, and the fiduciary shall provide an explanation.

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Rule 6.01.0 Proposed rule as amended 6.01.0 a. 38K Temporary Conservatorships and Guardianships: A petition for appointment of a temporary conservator or guardian filed pursuant to Probate Code section 2250 must state facts establishing the urgency requiring appointment of a fiduciary (i.e., situation requiring immediate action to protect the health, welfare, and/or estate of the proposed conservatee or ward): A temporary conservator or guardian shall not be appointed without a hearing and may be appointed without notice only in emergency situations. Current rule with redlined amendments 6.01.0 26 2 ok Temporary Conservatorships and Guardianships: hke-A petition for appointment of.a temporary conservator or guardian avastbe-filed pursuant to Probate Code section 2250myith-er-aferthe- line of a petitien fora permanent conservator or guardian—The-petition must state facts establishing the urgency requiring ¢he-appointment of the-a fiduciary (i.c.¢-¢-, situation requiring immediate action to. protect the health, welfare, and/or estate of the proposed conservatee or aemorward). Shipman. ‘gic’ ptilesiagnnaatssleagalesamepipemaennnins s--A temporary conservatelN ort . shall not be appointed without a hearing and may be appointed without notice only in emergency situations.

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Rule 6.03.0 Proposed rule as amended 6.03.0 Independent Powers: If independent powers under Probate Code sections 2590 and 2591 are requested, the petition shall specify the powers requested and the reasons such powers are needed. Where the request is made as part of a petition for appointment of a guardian or non- LPS conservator, the petitioner shall follow the instructions for providing this information in the mandatory Judicial Council form petitions. (See Judicial Council forms‘GC-210 and GC-310.) In all other situations, including in LPS conservatorship proceedings, the petitioner shall present this information clearly in the body of or as an attachment to the petition, as appropriate. (See Prob. Code, § 2592.) Only those powers determined by the Court to be necessary and proper shall be granted. Current rule with redlined amendments 6.03.0 Independent Powers: If independent powers under Probate Code sections 2590 and 2591 are requested, an-attachmentto-the petition shall specify the powers requested and the reasons such powers are needed. Where the.request is made as part of a petition for appointment of a guardian or non-LPS conservator, the petitioner shall follow the.instructions for providing this information in the mandatory Judicial Gouncil fénm petitions. (See Judicial Council forms GC-210 and GC-310.) In all other situations. including in BRS conservatorship proceedings, the petitioner shall present this information clearly in the body of of as an attachment to the petition as appropriate. (See Probs Code, § 2592.) Only those powers determined by the Court to be necessary and proper shall be granted.

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Rule 6.05.0 Proposed rule as amended 6.05.0 Notice of Residence: In every conservatorship and guardianship case, a notice of the conservatee’s or ward’s residence must be filed with all accountings, including the final accounting (unless the reason for the final accounting is the death of the conservatee or ward), and any time there is a change in residence. a. For accountings, this requirement may be satisfied by (1) including the conservatee’s or ward’s address in the body of the petition for approval of the accounting or (2) use of a separate notice of residence attached to or filed concurrently with the accounting. b. For changes in residence, the conservator or guardian shall comply with Probate Code section 2352 and California Rules of Court, rule 7.1013 or 7.1063, as applicable, and use the appropriate mandatory Judicial Council forms. Current rule with redlined amendments 6.05.0 Notice of Residence: In every conservatorship and guardianship case, a notice of the conservatee’s or ward’s residence must be filed with the initial petition for appointment withall accountings, (including the final accounting (unless the reason for the final accounting is the death of the conservatee or ward), and atany time there is a change in residence. a. For accountings, this requirement may be Satisfied by (1) including the conservatee’s or ward’s addréss in the body of the petition forapproval of the accounting or (2) use of a separate notice of residence attached to or filed concurrently with the accounting. b. Fonrehanges in residence, the conservator or guardian shall comply with Probate Code section 2352 and California Rules of Court, rule 7.1013 or 7.1063, as applicable, and use the.appropriate mandatory Judicial Council forms.

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17)

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Rule 6.09.0 Proposed rule as amended 6.09.0 a. Inventories and Appraisals: An inventory and appraisal shall be filed in all cases involving a conservatorship or guardianship of the estate, even where relief from the requirements of filing accountings may be sought under Probate Code section 2628. When there are no assets in the hands of the fiduciary, the inventory shall so indicate. If a guardianship of the estate has been established for more than.one minor, the interests of each minor must be separately stated in the inventory and appraisal. Current rule with redlined amendments

| 6.09.0

Inventoriesy and Appraisals: An inventory and appraisal shall be-filed in all cases involving a conservatorship or guardianship of the estate, even where relief from the requirements of filing accountings may be sought under Probate Code section 2628. When there are no assets in the hands of the fiduciary, the inventory shall so indicate. If a guardianship.of the estate has been established for more than one minor, the interests of each minor. must be separately stated in the inventory and appraisal. 10

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17)

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17)

Current rule as revoked (after provisions have been moved elsewhere) 12

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Rule 6.12.0 Proposed rule as amended 6.12.0 Petition to Appoint Successor Guardian: A petition to appoint a successor guardian shall be submitted on one of the same forms approved by the Judicial Council for initial guardianship petitions. Current rule with redlined amendments 6.12.0 Petition to Appoint Successor-Conservatex-or Guardian: a.——A petition to appointfer a successor censervater-eeguardian shall be submitted on one of the same forms approved by the Judicial Council for initial guardianship petitions. 13

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Rule 6.13.0 Proposed rule as amended 6.13.0 Sale of Property: a. Where posting of a notice by the court clerk regarding the sale of property of the conservatee’s or ward’s estate is required pursuant to subdivision (d) of Probate Code section 2543, the conservator or guardian shall follow the procedures for requesting posting that are set forth at local rule 5.16.0, subdivision (e). To notify the Court of an intention to sell a conservatee’s personal residence pursuant to Probate Code section 2540, subdivision (b), the conservator shall file an ex parte petition and order that fully complies with all requirements of that section. Current rule with redlined amendments

| 6.13.0 Sale of Conservatee’s Personal ResideneeProperty:

a. Where posting of a notice by the courtyelerk regarding the sale.of property of the conservatee’s or ward’s estate is required pursuant to subdivision (d) of Probate Code section 2543, the conservator or guardian shall follow the’procedures for requesting posting that are set.forth at local rule 5,160, subdivision (e). To notify the Court of an intention to sell.a conservatee’s personal residence pursuant to Probate Code section 2540, subdivision (b); the conservator shall file an ex parte petition and order that fully complies with all requirements of that section. 14

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Rule 6.14.0 Proposed rule as amended 6.14.0 Accountings: a. The accounting required by Probate Code section 2620, subdivision (a) to be presented to the Court at the expiration of one (1) year from the time of appointment of a conservator or guardian shall be filed and noticed for a hearing to be held within sixty (60) days after the anniversary date of the appointment. The conservator or guardian shall comply with local rule 5.17.1. For purposes of ensuring proper notice, the conservator or guardian shall state in the accounting or accompanying petition and report whether the conservatee or ward (1) has a spouse or domestic partner, (2) is or has been during the conservatorship or guardianship proceedings a patient in or on leave from a state hospital, and (3) has, in his or her estate, money, revenue, profit, or property that entitles the Veterans Administration to notice. (See Prob. Code, §§ 2621, 1460, 1461, 1461.5.) When a guardianship of the estate has been established for more than one minor, separate accounting schedules must be presented so thatthe receipts, disbursements, and assets pertaining to each minor’s estate are readily ascertainable. Waiving of Accounts

1. Pursuant to Probate Code section 2628, the Court may waive the requirement of an accounting. A petition for waiver of accounting may be heard ex parte, subject to the Court’s review of the most recent court investigator’s report. The petition must assert that the conservatee or minor over the age of 14 was informed in person or in writing of the conservator’s or guardian’s request for the waiver and that the conservatee or minor either agreed to the requested waiver or did not respond.
2. Ifthe conditions of Probate Code section 2628 are satisfied and the Court approves the petition to dispense with the accounting, no further filings of accounts will be necessary until such time as the provisions of Probate Code section 2628, subdivision (a) are no longer applicable. This condition must be set forth explicitly in the order. The petitioner must, nevertheless, continue to keep accurate records in order to prepare any accounts that may be required pursuant to Probate Code section 2628, subdivision (b) or (c). 15

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17) Current rule with redlined amendments 6.14.0 Reperts-and-Accountings: a. The seport-and-accounting required by Probate Code section 2620, subdivision (a) to be presented to the Court at the expiration of one (1) year from the time of appointment of a guardien-orconservator or guardian shall be filed and noticed for a hearing to be held within sixty (60) days after the anniversary date of the appointment. The conservator or guardian shall comply with local rule 5.174. For purposes of ensuring proper notice, the conservatoror guardian shall state in the accounting or accompanying petition and report whether the consérvatee or ward (1) has a spouse or domestic partner, (2) is or has been during the conservatorship or guardianship proceedings a patient in or on leave froma state hospital, and (3) has, in his or her estate, money, revenue, profit, or property that entitles the Veterans. Administration to notice. (See Prob. Code, §§ 2621, 1460¢146hs. 1461.5.) When a guardianship of the estate has been established for more than one minor, separate accounting schedules must be presented so that the reegipts, disbursements, and assets pertaining to each minor’s estate ate readily ascertainable, Waiving of Accounts

1. Pursuant to Probate Code section 2628, the Court may waive the requirement of an accounting. A petition for waiver of aécounting may be heard ex parte, subject to the Court’s review, of the most recent court investigator’s report. The petition must assert that the conservatee or minor over the age of 14 was informed in person or in writing of the conservator’ ssor guardiaii’ ss: St for the waiver and that the conservatee or minor eithenagreed to the requested waiver or did not respond. 2.» If the conditions of Probate @ode section 2628 are satisfied and the Court approves the petition to dispense with the accounting, no further filings of accounts will be necessary until such time as the provisions of Probate Code section 2628, subdivision (a) areno longer applicable. This condition must be set forth explicitly in the order. The pétitioner must, nevertheless, continue to keep accurate records in order to prepare any accounts that may be required pursuant to Probate Code section 2628, subdivision (b) or (c). 16

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17)

Current rule as revoked (after provisions have been moved elsewhere) 17

Proposed amendments to the local rules of the Tuolumne County Superior Court (effective 7/1/17)