1 Ann Mitchell (CONS/PE) - Fresno Superior Court

Dept. 303, 9:00 a.m. Monday, October 29, 2012

1 Ann Mitchell (CONS/PE) Case No. 07CEPR00094

Atty Istanboulian, Flora, sole practitioner (for Petitioner Theodora Michailides, Conservator)

Petition for Order Authorizing Payment of Fees to Conservator and Attorney

(Probate Code 2640, 2641, 2642)

Age: 93 years THEODORA MICHAILIDES, goddaughter and

Conservator of the Person and Estate

appointed on 3/13/2007, is Petitioner.

Petitioner states she and her attorney have

performed services for the conservatorship in

good faith and in the best interests of the

Conservatee and her estate; Petitioner, with

the assistance of her attorney, sold the

Conservatee’s residence in Fresno, and this

Court found good reason existed for the sale

and confirmed the sale on 9/10/2012.

Petitioner requests:

The Court authorize Petitioner to pay herself

from the conservatorship estate the sum of

$1,000.00 as compensation for her services

related to the sale of the Conservatee’s

residence, pursuant to Local Rule 7.16C(2);

and

The Court authorize Petitioner to pay her

attorney from the conservatorship estate

the sum of $1,000.00 as compensation for

her legal services related to the sale of the

Conservatee’s residence, pursuant to Local

Rule 7.16B(2).

NEEDS/PROBLEMS/COMMENTS:

Cont. from

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Inventory

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9202

Order

Aff. Posting Reviewed by: LEG

Status Rpt Reviewed on: 10/23/12

UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1 - Mitchell

1


2 Elva G. Garza (CONS/PE) Case No. 07CEPR00291 Atty Walters, Jennifer L. (for Carlos Garza – Father – Petitioner) Atty Kruthers, Heather (for Public Guardian – Conservator) Petition for Visitation (Prob. Code 2102;2113)

Age: 33 CARLOS GARZA, Father, is Petitioner. PUBLIC GUARDIAN was appointed Conservator of the Person and Estate of Elva Garza on 5-14-08. Petitioner states his daughter (33) is developmentally disabled, is a CVRC client, and resides in an assisted living facility. He was actively involved in the proceedings for conservatorship, and at the conclusion of the proceedings on 5-2-08, the Court encouraged visits. Until December 2011, Petitioner was receiving supervised visits with his daughter. On 12-5-11, however, he received his last visit and no family has been able to visit since. Petitioner has called the Public Guardian’s office multiple times and has been told that his daughter cannot decide if she wants to visit and therefore they are not setting up visits at this time. Petitioner does admit that his daughter has a history of one day saying one thing and the next day saying something else. She probably has said on occasion that she does not want to visit; however, she suffers from mental disabilities that should be taken into account. There have been no incidents during visitation that would cause the Public Guardian concern or to cease visitation. Ms. Garza’s family wants to be able to visit, especially Petitioner, and it has become apparent that this will not occur without additional assistance from the Court. Petitioner requests this Court order that:

1. Petitioner receive reasonable visitation with the Conservatee; and

2. Any other orders the Court deems necessary.

Note: Court Investigator Dina Calvillo filed a

Biennial Review on 9-20-12.

NEEDS/PROBLEMS/COMMENTS: Continued from 6-19-12, 7-19-12, 8-30-12. Minute Order 8-30-12: Ms. Walters advsies the Court that the parties are going to work out a visitation schedule. As of 10-24-12, nothing further has been filed. The following issues remain:

1. The Court may also require proof of service of Notice of Hearing on: - Daniel Escandon (brother) - Gloria Ramos (aunt) - Any other interested parties as the Court may require.

Cont. from 061912, 071912, 083012

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9202 Order X Aff. Posting Reviewed by: skc

Status Rpt Reviewed on: 10-24-12

UCCJEA Updates:


FTB Notice File 2 - Garza

2


3 Anita J. Thomas (Estate) Case No. 07CEPR00885

Atty Garland, John F., sole practitioner (for Petitioner Rosemary Chaffee, Executor)

(1) First and Final Account and Report of Executor and (2) Petition for Its

Settlement, for Allowance of Compensation for Ordinary and Extraordinary

Services, for (3) Attorney's Fees for Ordinary and Extraordinary Services and for (4) Final

Distribution (Prob. C. 10951, 10800, 10801, 10810, 10811 & 11640)

DOD: 6/2/2007 ROSEMARY CHAFFEE, friend and Executor with Limited

IAEA authority, is Petitioner.

Account period: 6/2/2007 – 8/30/2012

Accounting - $512,901.79

Beginning POH - $489,595.94

Ending POH - $168,174.64 ($164,549.64 is cash)

Executor - $9,878.04

(statutory)

Executor XO - $1,000.00

(per Local Rule for sale of real property)

Attorney - $9,878.04

(statutory)

Attorney XO - $1,000.00

(per Local Rule for sale of real property)

Petitioner states:

Petitioner sold Decedent’s residential real property

following her filing a report of sale, and the Court

issued an Order Confirming Sale of Real Property

on 4/6/2010;

Pursuant to the devises in Decedent’s Will and to

Order for Preliminary Distribution filed on 1/21/2009,

specific items of estate property consisting mainly

of jewelry and a vehicle were distributed to the

devisees; [receipts for distributions were filed

2/8/2010];

Decedent’s Will refers to shares of stock to be

distributed to a named devisee; however,

research and review of Decedent’s records

revealed she donated all of her shares of stock to

specific charities, thus she owned no stock at the

time of her death;

~Please see additional page~

NEEDS/PROBLEMS/

COMMENTS:

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9202

Order

Aff. Posting Reviewed by: LEG


UCCJEA Updates:


FTB Notice N/A File 3 - Thomas

3


Additional Page 3, Anita J. Thomas (Estate) Case No. 07CEPR00885

Petitioner states, continued:

Two of the subscribing witnesses to Decedent’s Will, one of whom is deceased, were devised specific items of

property in the Will, and pursuant to Probate Code § 6112(c) and (d), they are interested witnesses and the gifts

are invalid; the specific items of property have been added to the residue of the estate for distribution;

Petitioner sold all personal property of the estate not specifically bequeathed at public auction;

At the time of Decedent’s death, she owned five time shares in various resort locations in California, which were

acted upon by Petitioner as follows:

o Petitioner notified the administration at each resort soon after Letters issued to her [on 9/25/2007] that the

times shares were available for sale; after the passage of several months without receiving any inquiries

by potential purchasers or from the resorts on behalf of potential purchasers, Petitioner contacted

several entities who advertise their services to sell times shares, each of which required “up-front fees” to

market and attempt to sell the time shares;

o Due to the depressed economy and real estate market in California, Petitioner discovered that

hundreds of times shares were for sale at the same resorts as Decedent’s and many were in foreclosure;

between 2008 and 2011, Petitioner received less than 10 inquiries from potential purchasers of the time

shares, and advised all potential purchasers that the time share was owned by the estate and all sales

required court approval [based upon Petitioner possessing Limited IAEA authority]; none of the four

potential purchasers who contacted Petitioner’s attorney regarding the time shares were willing to

endure the unavoidable delays necessitated by the Probate Code procedures;

o In light of the market conditions, and even if Court approval of sale was not required, Petitioner could

not have gifted the time shares to anyone without first paying the annual association fees and secured

property taxes; after paying the annual association fees and secured property taxes through July 2009,

Petitioner determined that any further expenses on those assets was wasteful and was not for the

benefit of the estate, and Petitioner thereafter did not pay the annual association fees and secured

property taxes on any of the time shares, thus all of the time shares have been lost to foreclosure,

identified in Schedule 4, Losses on Sale, totaling $34,000.00 in losses, based on the appraised values of

the time shares which clearly exceed the current fair market value of each time share.

Distribution pursuant to Decedent’s Will is to the AMERICAN MUSEUM OF NATURAL HISTORY, New York, NY:

personal property consisting of jewelry and cash of [$142,793.56.]


4 Norma Sanchez (Estate) Case No. 10CEPR00018

Atty Rindlisbacher, Curtis D. (for Teresa Gooding/Administrator – Petitioner) Probate Status Hearing R: First Accounting or Petition for Final Distribution

DOD: 9-3-09 TERESA GOODING, daughter, was

appointed as Administrator of the Estate

with Limited IAEA with cash to be placed

in a blocked account on 2/2/11. Letters

issued 2/3/11.

At the 2/2/11 hearing, this Court set status

hearing for 2/2/12 for filing of the first

account or petition for final distribution.

Final Inventory & Appraisal filed 5/9/11

shows an Estate value of $96,195.14

consisting of $73,995.14 cash (receipt for

blocked account was filed 3/1/11) plus a

one-third (1/3) interest in real property

and two vehicles.

Status Report filed 7/25/12 states the

Administrator has been unable to file a

petition for final distribution in this matter

because she has been unable to reach

agreement with the heirs. Since the heirs

have thus far failed to file a Petition to

Determine Succession to Real Property

for the property involved herein, the

Administrator plans to file a petition

herself and file a Complaint for Partition.

Administrator requests 90 days.


Continued from 2-2-12, 7-31-12

Minute Order 2-2-12: Counsel

informs the Court that all they have

is a blocked bank account.

Minute Order 9-31-12: Continued

to 10-29-12

As of 10-24-12, nothing further has

been filed.

1. Need First Account or Petition

for Final Distribution or status

report regarding the assets of

the estate.

Cont. from 020212, 073112

Aff.Sub.Wit.

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9202

Order

Aff. Posting Reviewed by: NRN / skc

Status Rpt X Reviewed on: 10-24-12

UCCJEA Updates:


FTB Notice File 4 - Sanchez

4


5 Janet Rae Scott (Estate) Case No. 11CEPR00942 Atty Kruthers, Heather H. (for Public Administrator – Administrator – Petitioner)

Atty Wilson, Roger D. (for James LeMon – Respondent – Objector) Respondent's Notice of Motion and Motion to Continue Hearing on Petition;

Memorandum of Points and Authorities and Declaration of Roger D. Wilson in

Support Thereof (Probate Code 852)

Age:


OFF CALENDAR

The Petition for which this motion

requested to continue was heard on

10/18/12 and continued to 12/07/12.

DOD:

Cont. from

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Aff. Posting Reviewed by: JF


UCCJEA Updates:


FTB Notice File 5 - Scott

5


6 Rudy Orona (Estate) Case No. 11CEPR01072 Atty Walters, Jennifer (for Jenny Orona – Executor/Petitioner) Report of Sale and Petition for Order Confirming Sale of Real Property

DOD: 01/11/10 JENNY ORONA, Executor, is Petitioner.

Sale price - $164,500.00

Overbid - $173,675.00

Reappraisal - $142,000.00

Property - 396 N. Shelly

Fresno, CA

Publication - NEED

Buyers - Melissa A.

Stapp & Bobby R. Stapp

Broker - $8,225.00 (5% -

payable to Javier B. Cazavos, Concierge

Realty)

Bond was not required at appointment as

Executor.


1. Need Publication pursuant to

Probate Code § 10300.

2. Need Order.

Cont. from

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Order x



UCCJEA Updates:


FTB Notice File 6 - Orona

6


7 Spencer Ryan Tatum (GUARD/P) Case No. 12CEPR00492 Atty Ryan, Sherry D. (Pro Per – Petitioner – Maternal Grandmother)

Atty Crowley, Jeremy (for Objector/father Tobias Sanchez) Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Age: 5 months

TEMPORARY EXPIRES 10/29/2012

SHERRY D. RYAN, Maternal Grandmother, is Petitioner.

Father: TOBIAS SANCHEZ, personally served on

06/05/2012

Mother: SABRINA TATUM, Deceased

Paternal Grandparents: Unknown

Maternal Grandfather: Don Tatum

Petitioner alleges: the mother passed away on 5-20-

12. Petitioner states the child needs to be seen by a

doctor and doctors won’t see him without something

from the Court.

Objection of Tobias Sanchez filed on 7/10/12 states

the child is his and he wants to raise him and not

someone else. He states he is a good father and has

raised three children, happy and healthy. He has a

permanent job with medical benefits. He states he

has a stable and clean house to raise this boy.

Court Investigator Julie Negrete’s report filed

07/11/2012

Court Investigator Julie Negrete’s Supplemental

Report filed 08/16/2012

Court Investigator Julie Negrete’s Supplemental

Report filed on 10/9/12


Continued from 8/20/12. Minute

order states: Visitation between

Tobias Sanchez and the child is

ordered as follows: visitation

shall be the 1st, 3rd and 5th

weekend of every month from

Friday at 5:00 p.m. to Sunday at

5:00 p.m. Parties are directed to

meet with Mr. Crowley

immediately following today’s

hearing to obtain an address for

DNA testing. The court orders

Court Investigator Julie Negrete

to prepare a supplemental

report addressing Tobias

Sanchez’s suitability to care for

the child as well as any issues

he may have.

1. Need proof of service

fifteen (15) days prior to the

hearing of the Notice of

Hearing along with a copy

of the Petition for

Appointment of Guardian

or consent and waiver of

notice or declaration of

due diligence for:

Paternal grandparents

(Unknown)

Don Tatum (Maternal

grandfather)

Cont. from 072312,

082012

Aff.Sub.Wit.

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✓ CI Report

9202

✓ Order

Aff. Posting Reviewed by: KT / LV


✓ UCCJEA Updates: 08/17/2012


FTB Notice File 7 - Tatum

7


8 Thomas Sanchez (Det Succ) Case No. 12CEPR00797 Atty Durost, Linda K. (for Petitioners, Gloria Maldonado, Andrew Sanchez & Teresa Gooding) Petition to Determine Succession to Real Property (Prob. C. 13151)

DOD: 7/23/2007 GLORIA MALDONADO, ANDREW SANCHEZ

and TERESA GOODING as Administrator of

the Estate of NORMA SANCHEZ, are

petitioners.

40 days since DOD.

No other proceedings.

Decedent died intestate.

I & A - $60,000.00

Petitioners request Court determination that

Decedent’s interest in real property located

at 4162 E. Clay Ave., in Fresno passes to

them in equal shares pursuant to intestate

succession.


Please see related case on page 4 of this

calendar the Estate of Norma Sanchez.

1. Inventory and Appraisal was not

signed by all petitioners.

2. Inventory and appraisal indicate that

it is a supplemental Inventory and

Appraisal and Reappraisal for Sale. In

addition #3 indicates that the

property listed is a portion of the

estate. Pursuant to Probate Code

§13151 this summary proceeding

may only be used if the gross value of

the decedent’s real and personal

property in this state does not exceed

$150,000.00. Need inventory and

appraisal that includes all the

property of the decedent located in

this state.

3. Petition states the decedent’s date of

death was 7/23/2007. The inventory

and appraisal lists the decedent’s

date of death as 7/25/2007.

Cont. from

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Aff. Posting Reviewed by: KT


UCCJEA Updates:


FTB Notice File 8 - Sanchez

8


9 Jeanne E. Brazeal (Estate) Case No. 12CEPR00837 Atty Garcia, Robert P (of San Francisco for Petitioner Dyanna Matthews)

Petition for Probate of Will and for Letters Testamentary; Authorization to

Administer Under IAEA (Prob. C. 8002, 10450)

DOD: 2/23/2009 DYANNA MATTHEWS, named alternate

executor, is petitioner and requests

appointment without bond.

Limited IAEA – o.k.

Will dated: 9/8/2004

Residence: Clovis

Publication: Fresno Business Journal

Estimated value of the estate:

Personal property - $ 2,000.00

Annual income R/P - $10,000.00

Real property - $50,000.00

Total - $62,000.00

Probate Referee: RICK SMITH


1. Need Notice of Petition to Administer

the Estate.

2. Need proof of service of the Notice

of Petition to Administer the Estate

on:

a) Medeia Maquis

b) Margaret Draper

c) Marsha Steinhauer

d) Donald Brazeal

e) Deborah Diehl

3. Need Duties and Liabilities

4. Need supplement to the Duties and

Liabilites.

5. #8 of the Petition does not include

the name and date of death of the

pre-deceased spouse. Local Rule

7.1.1D.

6. #8 of the Petition does not include

the relationship to the decedent of

those listed.

7. Will lists Dyanna Winn as the named

alternate executor. Dyanna

Matthews is petitioning. Court may

require clarification.

8. Will lists Marsha Brazeal as the

decedent’s daughter. # 8 of the

Petition lists Marsha Steinhauer. Court

may require clarification.

9. #5a(3) or 5a(4) of the Petition was

not answered re: registered

domestic partner.

10. #5a(7) of 5a(8) of the petition was

not answered re: issue of a

predeceased child

Please see additional page

Cont. from

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UCCJEA Updates:


FTB Notice File 9 - Brazeal

9


9 Jeanne E. Brazeal (Estate) Case No. 12CEPR00837

NEEDS/PROBLEMS/COMMENTS (cont.):

11. Will does not waive bond. Need bond set at $12,000.00 or waivers of bond from:

a) Medeia Maquis

b) Margaret Draper

c) Marsha Steinhauer

d) Donald Brazeal

e) Deborah Diehl

12. Need Order

13. Need Letters

Note: If the petition is granted, status hearings will be set as follows:

Friday, November 30, 2012 at 9:00 a.m. in Department 303, for the filing of the bond (if bond is required)

Friday, March 22, 2013 at 9:00 a.m. in Department 303, for the filing of the inventory and appraisal.

Friday, December 20, 2013 at 9:00 a.m. in Department 303, for the filing of the first account or petition for final

distribution.

Pursuant to Local Rule 7.5 if the required documents are filed 10 days prior the date set the status hearing will come

off calendar and no appearance will be required.


10 Elaine J. Constantian (CONS/PE) Case No. 12CEPR00925 Atty Kruthers, Heather H (for Petitioner Public Guardian)

Atty Bagdasarian, Gary (Court appointed for the Conservatee)

Petition for Appointment of Temporary Conservatorship of the Person (Prob. C.

2250)

Age: 76 years

GENERAL HEARING 11/28/12

PUBLIC GUARDIAN is petitioner and requests

appointment as temporary conservator of

the person and estate.

Petitioner requests the authority to change

the residence of the proposed conservatee.

Petition requests medial powers.


Personal property - $ 6,014.58

Annual income - $15,238.08

Total - $21,297.66

Petitioner alleges: As a result of the Public

Guardian’s investigation, it was concluded

that Ms. Contantian would benefit from a

temporary conservatorship. A temporary

conservatorship would allow the Public

Guardian to find an appropriate placement

so that her medications and medical

appointments can be properly monitored.

Medical powers are further requested so

that she can receive appropriate medical

care. A temporary of the estate will allow the

Public Guardian to maintain and protect her

assets.


1. Order includes the authority to make

medical decisions on behalf of the

conservatee pursuant to Probate

Code §2355 However, a Capacity

Declaration has not been filed in

support of medical consent powers.

2. Need proof of personal service of the

Notice of Hearing along with a copy

of the Temporary Petition on:

a) Elaine J. Constantian (proposed

conservatee)

Cont. from

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✓ PG Report

9202

✓ Order



UCCJEA Updates:


FTB Notice File 10 - Constantian

10


11 Dollie Boothe Tolman (CONS/PE) Case No. 12CEPR00843 Atty Amador, Catherine A (for Petitioner Christina E. Tolman)

Petition for Appointment of Probate Conservator of the Person and Estate (Prob. C.

1820, 1821, 2680-2682)

Age: 67 years

THERE IS NO TEMPORARY.

No temporary was requested.

CHRISTINA E. TOLMAN, daughter, is

petitioner and requests appointment as

Conservator of the Person with medical

consent powers and of the estate with

bond.


Annual income - $3,998.40

Declaration of Victor Flauta, M.D., filed

10/1/12.

Petitioner states the she was appointed as

Guardian and Co-Conservator of the

proposed conservatee by Judgment

entered in the state of Kentucky. After the

death of the proposed conservatee’s

spouse Petitioner moved her to California

to be closer to her. The proposed

conservatee remains fully disabled unable

to manage her personal or financial needs.

Court Investigator Jennifer Daniel’s Report

filed on 10/18/12.

Probate Referee: RICK SMITH.


Court Investigator Advised Rights on

10/11/12.

1. Petition states that the conservatee’s

annual income is $3,998.40. It

appears from information provided

to the Court Investigator that

$3,998.40 may be the monthly

income. Need clarification.

2. Petition does not state the amount of

bond requested. If $3,998.40 is

monthly income the bond should be

set at $52,779.00.

3. #3b(1) of the petition states the

Petitioner is a creditor of the

proposed conservatee. Need

clarification.

4. #16 of the Confidential Conservator

Screening form indicates the

Petitioner has or may have an

adverse interest that the court may

consider to be a risk to, or to have an

effect on, Petitioner’s ability to

faithfully perform the duties of

conservator without explaining.

5. Need original citation. The citation

filed is a conformed copy and not

the original with the court seal.

6. Need Video Viewing Receipt.


Cont. from

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Receipt

X

✓ CI Report

9202

✓ Order



UCCJEA Updates:

Citation X Recommendation:

FTB Notice File 11 - Tolman

11


11 Dollie Boothe Tolman (CONS/PE) Case No. 12CEPR00843

NEEDS/PROBLEMS/COMMENTS (cont.):

7. Need Letters

Note: If the petition is granted, status hearings will be set as follows:

Friday, November 30, 2012 at 9:00 a.m. in Department 303, for the filing of the bond, and;

Friday, March 22, 2013 at 9:00 a.m. in Department 303, for the filing of the inventory and appraisal, and;

Friday, December 20, 2013 at 9:00 a.m. in Department 303, for the filing of the first account

Pursuant to Local Rule 7.5 if the required documents are filed 10 days prior the date set the status hearing will come

off calendar and no appearance will be required.


12 Brooklyn E. Jane and Nevaeh A. May Adams (GUARD/P) Case No. 09CEPR00464 Atty LeFors, Teri (pro per Petitioner/guardian/paternal grandmother)

Atty LeFors, Michael E. (pro per guardian/paternal step-grandfather)

Atty Basquez, Patricia Viola (pro per mother)

Atty Adams, Bryce S (pro per father) Request for Modification of Visitation

Brooklyn age: 4 yrs

TERI LEFORS, Guardian/paternal grandmother,

is petitioner.

Petitioner alleges: Since the last hearing, they

have had growing concerns that the current

visitation schedule is not in the best interests of

the minors.

The children have had a change in sleep

patterns that include trouble falling asleep,

restless sleep, crying more often and

crabbiness during the day that was not part of

their normal behavior before the extended

visits.

During the visits the parents are not giving the

girls their medications as prescribed. In

addition, Petitioner learned that the parents

had taken the girls for dental exams in

December 2011 without Petitioner’s

knowledge or consent.

Petitioner states she enrolled Brooklyn in an

afternoon pre-kindergarten class at

Cederwood Elementary and Nevaeh was

enrolled in a morning pre-kindergarten class at

Mickey Cox Elementary.

On the first day of school for Nevaeh, Mike

(co-guardian) went to the school to take her

picture. Patricia (mother) arrived with Nevaeh

½ hour late. When Patricia saw Mike she

called 911 to have him removed stating that

he had no right to be there and was

interfering with her visit.



Continued from 10/15/12. Minute

Order states the parties agree to

participate in mediation on 10/17/12

at 2:00 p.m. The Court continues the

matter to 10/29/12 and stays the

Petition for Modification of Visitation

pending the outcome of medication.

Nevaeh age: 3 yrs

Cont. from 101512

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Order X



UCCJEA Updates:


FTB Notice File 12 – Adams

12


12 Brooklyn E. Jane and Nevaeh A. May Adams (GUARD/P) Case No. 09CEPR00464

There will be many occasions where they [the guardians and the parents] will have to communicate

with each other to discuss daily homework, school functions, parent/teacher conferences and other

school related business and there seems to be little hope that they will be able to effectively

communicate with Bryce and Patricia. Petitioner states they are fearful that this type of drama will

impact Brooklyn and Nevaeh’s education.

Petitioner further states that she was informed by Bryce that they will not have money for gas to get

Brooklyn and Nevaeh to school and back to their house every day that the girls are in their care.

Petitioner states they offered to keep the girls during those visitation times and were to that they

expected the guardians to transport them from the school to the parent’s home. Of course the

guardian has no plans of doing that. A request was made by Bryce and Ed Basquez [maternal

grandfather] to have the guardian’s give Bryce and Patricia money each month.

Due to the facts outlined above the Guardian requests that the current visitation be modified to every

other weekend from Friday at 6:00 p.m. to Sunday at 4:00 p.m. and every Wednesday from 6:00 p.m. to

8:00 p.m. to begin the week of the court hearing. This schedule will allow the girls to continue a

relationship with their parents but more importantly, will get the girls back into a normal routine with less

stress in their lives.


13 Debra Kay Hawkins (Estate) Case No. 11CEPR00513 Atty Hawkins, Randy (pro per – Son/Administrator) Status Hearing Re: Filing of the First Account or Petition for Final Distribution

DOD: 01/07/11 RANDY HAWKINS, Son, was appointed

Administrator with Full IAEA without bond

on 10-24-11.

On 10-24-11, the Court set a status

hearing for filing of the First Account and

Petition for Final Distribution on 10/29/12.


1. Need Accounting and Petition for

Final Distribution.

Note: A Status Hearing regarding filing of

the Inventory & Appraisal was continued

to 11/16/12.

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 13 - Hawkins

13


14 Jaiden A. Ornelas (GUARD/P) Case No. 12CEPR00761 Atty Rea, Katie Castro (pro per – Maternal grandmother/Petitioner) Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Age: 2

NO TEMPORARY IN PLACE;

TEMPORARY DENIED ON 09/10/12

KATIE CASTRO REA, maternal grandmother,

is Petitioner.

Father: JOE ORNELAS – Declaration of Due

Diligence filed 09/05/12

Mother: ANNETTE CASTRO – Personally served

on 09/07/12

Paternal grandfather: JOE ORNELAS –

Served by mail on 09/11/12

Paternal grandmother: DORA CRUZ – Served

by mail on 09/11/12ORNELAS

Maternal grandfather: MIKE CASTRO –

Served by mail on 09/11/12

Petitioner alleges that both parents are on

the streets and abusing drugs. Petitioner

states that the minor has lived in her home

since birth and that neither parent has ever

taken an active role in caring for her.

Petitioner states that the minor calls her

“mom”.

Court Investigator Julie Negrete filed a report

on 10/15/12.


1. Declaration of Due Diligence filed

09/05/12 states that the minor’s

father, Joe Ornelas’ whereabouts are

unknown and he has not been seen

by the Petitioner for two years. If

diligence is not found, need proof of

personal service at least 15 days

before the hearing of Notice of

Hearing with a copy of the Petition for

Appointment of Guardian of the

Person or Consent and Waiver of

Notice for:

- Joe Ornelas (father)

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 14 - Ornelas

14


15 Leticia Wilson (GUARD/P) Case No. 12CEPR00762 Atty Cipolla, Katie (pro per – uncle’s fiancée/Petitioner)

Atty Brabbin, Kenneth (pro per – uncle/Petitioner) Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Age: 2

NO TEMPORARY REQUESTED

KENNETH BRABBIN, uncle, and KATIE

CIPOLLA, uncle’s fiancée, are Petitioners.

Father: UNKNOWN – Declaration of Due

Diligence filed 10/11/12

Mother: SHANNALEE PALACIOS – Consent &

Waiver of Notice filed 10/11/12

Paternal grandparents: UNKNOWN

Maternal grandfather: EDDIE

Maternal grandmother: BRENDA WILKINSON

– deceased

Petitioners allege CPS removed the child

from the mother’s care and mother agreed

to place the minor in petitioners care.

Court Investigator Jennifer Young filed a

report on 10/22/12.


1. Need Notice of Hearing.

2. Declaration of Due Diligence filed

10/11/12 states that the father is unknown.

If diligence is not found, need proof of

personal service at least 15 days before

the hearing of Notice of Hearing with a

copy of the Petition for Appointment of

Guardian of the Person or Consent &

Waiver of Notice for:

- Father (unknown)

3. Need proof of service by mail at least 15

days before the hearing of Notice of

Hearing with a copy of the Petition for

Appointment of Guardian of the Person

or Consent & Waiver of Notice or

Declaration of Due Diligence for:

- Paternal grandparents (unknown)

- Eddie (maternal grandfather)

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

Conf. Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 15 - Wilson

15


16 Perry Kenji Washington (CONS/P) Case No. 12CEPR00919 Atty Washington, Anthonia M. (Pro Per – Mother – Petitioner) Petition for Appointment of Temporary Conservatorship of the Person (Prob. C. 2250)

Age: 32 GENERAL HEARING 11-28-12 ANTHONIA M. WASHINGTON, Sister, is Petitioner and requests appointment as Temporary Conservator of the Person. Petitioner states temporary conservatorship is necessary because Perry cannot apply for food, medical or housing aid due to illness. Petitioner’s general petition states Perry had a nervous breakdown when his father died in approx. 1997. He cannot work and has lived off his mother’s income, and his mental status has gone down. He is now paranoid and afraid of unknown people and places, and can’t apply for government assistance because of this. Petitioner states their mother is dying and can no longer care for him, so Petitioner has to make applications to the state on her brother’s behalf so he can receive assistance to take care of himself. Petitioner states she needs to apply for food stamps, medical/dental insurance, and SSI for her brother so that he can get the help he needs. Otherwise, he will not have medical care access and will die on the street. Court Investigator Jennifer Young filed a report on 10-23-12.

NEEDS/PROBLEMS/COMMENTS: Court Investigator has NOT advised rights. Note: Investigation could not be completed because Petitioner and the Proposed Conservatee were both unavailable. If Petitioner wishes to pursue temporary conservatorship, need Investigation Report and advisement of rights, in addition to the following:

1. Need Notice of Hearing.

2. Need proof of personal service of Notice of Hearing at least five Court days prior to the hearing on the Proposed Conservatee pursuant to Probate Code §2250(e).

3. Need proof of service of Notice of Hearing at least five Court days prior to the hearing on Peryna Washington (Mother) pursuant to Probate Code §2250(e).

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg X

Aff.Mail X

Aff.Pub.

Sp.Ntc.

Pers.Serv. X

Conf. Screen

Letters

Duties/Supp

Objections

Video Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: skc

Status Rpt Reviewed on: 10-24-12

UCCJEA Updates:


FTB Notice File 16 - Washington

16


17 Tonia Sharon Rocha (Estate) Case No. 07CEPR01067 Atty Moore, Susan L. (for Petitioner/Executor Michael Robert Flagg)

(1) Petition for Final Distribution on Waiver of Account and for (2) Allowance of

Compensation for Ordinary Services

DOD: 9/22/2007 MICHAEL ROBERT FLAGG, Executor, is

petitioner.

Accounting is waived.

I & A - $413,650.00

POH - $413,650.00

Executor - waives

Attorney - $11,273.00

(statutory. To be paid outside of probate

to Attorney Susan Moore and Attorney

Donald Lescoulie)

Distribution, pursuant to Decedent’s Will, is

to:

Michael Robert Flagg – Real property,

1999 Mercedes, china, silverware and

household goods and furnishings.


1. Donald Lescoulie originally

represented the petitioner in this

matter. Petition states Donald

Lescoulie and Susan Moore have

agreed in the division of attorney

fees and have agreed to accept

payment outside of probate.

However, there is nothing in the file

indicating that Mr. Lescoulie is in

agreement.

2. Inventory and Appraisal is

incomplete as follows:

The caption does not indicate

whether or not it is a final or

partial inventory.

#3 was not completed whether

or not the property listed is all or

a portion of the estate.

#4 is not complete re: Probate

Referee

#5 is not completed re: Property

Tax Certificate

It was not signed by the

attorney. (California Rules

7.501(c) states the inventory

must be signed by the attorney

of record.)

Cont. from

Aff.Sub.Wit.

✓ Verified

✓ Inventory

PTC

✓ Not.Cred.

✓ Notice of Hrg

✓ Aff.Mail W/

Aff.Pub.

✓ Sp.Ntc. W/

Pers.Serv.

Conf. Screen

✓ Letters 1/15/08

Duties/Supp

Objections

Video

Receipt

CI Report

✓ 9202

✓ Order



UCCJEA Updates:


FTB Notice N/A File 17 - Rocha

17

Documents

1 Ann Mitchell (CONS/PE) - Fresno Superior Court