1 Linda Ann Martens (CONS/P) - Fresno County Superior · PDF file1 Linda Ann Martens (CONS/P) Case No. 0367515 ... Sp.Ntc. Pers.Serv. Conf. ... Property: 3793 Duke, Clovis, CA

Dept. 303, 9:00 a.m. Tuesday, July 9, 2013

1 Linda Ann Martens (CONS/P) Case No. 0367515

Atty Wall, Jeffrey L (for Petitioners Wilfred J. Martens and Erma Marten)

Petition for Appointment of Limited Probate Co-Conservator of the Person (Prob.

C. 1820, 1821)

Age: 49 years

WILFRED J. MARTENS and ERMA MARTENS,

parents/co-conservators are petitioners

and request that KEVIN SCHELLENBURG,

brother-in-law and SUZANNE

SCHELLENBURG, sister, be appointed as

additional limited co-conservators.

WILFRED J. MARTENS and ERMA MARTENS,

parents, were appointed limited

conservators on 10/22/1987. With the

following powers:

1. To fix the residence or specific dwelling

of the limited conservatee.

2. To have access to the confidential

records and papers of the limited

conservatee.

3. To withhold consent for the limited

conservatee to marry.

4. To control the right of the limited

conservatee to contract.

5. TO have the power to give or withhold

medical consent for the limited

conservatee.

6. To have the power to control the

limited conservatee’s social and sexual

contacts and relationships.

Court Investigator Charlotte Bien’s Report

filed on 6/14/2013.

NEEDS/PROBLEMS/COMMENTS:

Court Investigator Advised Right on

6/6/2013.

Voting Rights affected need Minute

Order.

1. Need proof of service of the Notice

of Hearing with a copy of the Petition

on Linda Ann Martens (conservatee).

Probate Code §2682.

2. Order and Letters only lists Kevin

Schellenburg and Suzanne

Schellenburg as being appointed.

Order and Letters must list all four co-

conservators. Need new Order and

Letters.

Cont. from 061813

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Aff. Posting Reviewed by: KT

Status Rpt Reviewed on: 7/3/2013

UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1 - Martens

1


2A Eric Paul O'Neal (Estate) Case No. 09CEPR00692 Atty Callister, Jared R. (for Erica Lynn Dorfmeier – Administrator – Petitioner) Report of Sale and Petition for Order Confirming Sale of Real Property (Re: 3783

Duke, Clovis, CA)

DOD: 8-3-09 ERICA LYNN DORFMEIER, Administrator, is

Petitioner.

Sale Price: $350,000.00

Overbid: $368,000.00

Reappraisal: $350,000.00

Property: 3783 Duke, Clovis, CA

Publication: Fresno Business Journal

Buyer: Rick Berry and Michelle Berry, as Joint

Tenants

Broker: $22,750.00 or 6.5% as follows per

Attachment 1c:

- 1.5% ($5,250.00) to Linda Coelho of B&B

Realty

- 2.5% ($8,750.00) to Scott Christensen of

Pearson Realty

- 2.5% ($8,750.00) to Steven Mele of

Commercial West Associates

Property to be sold on “as is” basis; seller to

remove personal property from building and

provide the property in “broom clean”

condition; seller to repair broken windows and

fix and repair all landscaping water lines and

sprinklers and have current landscaping

serviced prior to close of escrow.

Existing bond is $1,956,123.00. Petitioner states

additional bond is not needed despite the

influx of cash from proposed sale because

significant payments to creditors have been

made so that value of the estate subject to

the bond has dropped below $1,250,000.00.


1. Need publication pursuant to

Probate Code §10300, #7 of form

DE-260 (Report of Sale).

Sale was published in 2012.

See publication filed 6-20-12.

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Status Rpt Reviewed on: 7-5-13

UCCJEA Updates: 7-8-13


FTB Notice File 2A – O’Neal

2A


2B Eric Paul O'Neal (Estate) Case No. 09CEPR00692 Atty Callister, Jared R. (for Erica Lynn Dorfmeier – Administrator – Petitioner) Report of Sale and Petition for Order Confirming Sale of Real Property (Re: 3793

Duke, Clovis, CA)

DOD: 8-3-09 ERICA LYNN DORFMEIER, Administrator, is

Petitioner.

Sale Price: $320,000.00

Overbid: $336,500.00

Reappraisal: $300,000.00

Property: 3793 Duke, Clovis, CA

Publication: need publication

Buyer: Thomas E. Burke and Laura B. Burke,

as Joint Tenants

Broker: $20,800 or 6.5% as follows per

Attachment 1c:

- 1.5% ($4,800.00) to Linda Coelho of B&B

Realty

- 2.5% ($8,000.00) to Scott Christensen of

Pearson Realty

- 2.5% ($8,000.00) to Steven Mele of

Commercial West Assoc.

Property to be sold on “as is” basis; seller to

remove personal property from building and

provide the property in “broom clean”

condition; seller to repair broken windows

and fix and repair all landscaping water lines

and sprinklers and have current landscaping

serviced prior to close of escrow.

Existing bond is $1,956,123.00. Petitioner

states additional bond is not needed

despite the influx of cash from proposed sale

because significant payments to creditors

have been made so that value of the estate

subject to the bond has dropped below

$1,250,000.00.


2. Need publication pursuant to Probate

Code §10300, #7 of form DE-260

(Report of Sale).

Sale was published in 2012.

See publication filed 6-20-12.

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UCCJEA Updates: 7-8-13


FTB Notice File 2B – O’Neal

2B


3 Julia L. Daniel (Estate) Case No. 12CEPR00092 Atty Janian, Paulette (for Alfred Daniel – Executor – Petitioner) (1) First and Final Report of Administration (2) Petition for Statutory Commissions

and Fees to Executor and Attorney and for (3) Final Distribution on Waivers of

Accounting (Prob. C. 10954, 11600, 11601, 11603, 11640, 10800, 10810, 10811)

DOD: 11-26-11 ALFRED DANIEL, Executor with Full IAEA without

bond, is Petitioner.

Accounting is waived.

I&A: $35,000.00

POH: $6,124.42 (cash)

Executor (Statutory): $1,680.00

Attorney (Statutory): $1,680.00

Closing: $500.00

Distribution pursuant to Decedent’s will:

Alfred Daniel: $174.19

Irene Garcia: $174.19

Bertha Rodriguez: $174.19

Gloria Gonzalez: $174.19

Carlos Daniel: $174.19

Helen Nelson: $174.19

Barbara Chavez: $174.19

Mary Sigala: $174.19

Lucy Lopez: $174.19

Liza Gonzalez: $174.19

Rachel Daniel: $174.19

Nancy Villegas: $174.19

Mercy Daniel: $174.19


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UCCJEA Updates:

Citation Recommendation: SUBMITTED

FTB Notice File 3 – Daniel

3


4 John J. Gregory (Estate) Case No. 12CEPR00403 Atty Mizote, Ty N. (of Griswold, Lasalle, Cobb, Dowed & Gin, L.L.P., for Executor Thomas Gregory) (1) Petition for Distribution on Waiver of Accounting, and (2) for Allowance of

Statutory Compensation to Executor and Attorneys and (3) Ratification of

Extraordinary Fees [Prob. C. 10800, 10810, 11640]

DOD: 4-17-12 THOMAS GREGORY, Executor with Full

IAEA without bond, is Petitioner.

Accounting is waived.

I&A: $1,196,863.76

POH: $1,182,839.86 ($94,730.66 cash)


(reduced by $80,285.25 due to items

inherited from Marion Gregory Estate for

which fees were paid in that estate – see

Exhibit A)


(reduced by $80,285.25 due to items

inherited from Marion Gregory Estate for

which fees were paid in that estate – see

Exhibit A)

Attorney (Extraordinary): $2,218.30 (for

extraordinary legal services involving the

sale of certain real property interests to

Louise Gregory Hanada, per Exhibit E)

plus $896.80 (for extraordinary legal

services involving the exchange of

certain real property interest for other

property and cash per Exhibit F)

Costs: $473.12

Closing: $5,000.00

Distribution pursuant to Decedent’s will

and codicil and agreement among

beneficiaries:

Thomas Gregory, Louise Gregory

Hanada, James R. Gregory, and Laura

Ann Walzberg – See order for specific

distributions


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UCCJEA Updates:


FTB Notice File 4 – Gregory

4


5 Mariye Kataoka (Estate) Case No. 12CEPR00591 Atty French, G. Dana (for Stanley K. Kataoka – Executor – Petitioner) (1) Final Report and Petition for Settlement Thereof; (2) for Allowance of Attorneys'

Compensation; (3) for Allowance of Executor's Compensation; (4) for Allowance

of Costs Advanced; and (5) for Final Distribution [Prob. C. 1060 et seq., 10800,

10810, 10811, 12201]

DOD: 12-26-11 STANLEY K. KATAOKA, Executor with Full IAEA

without bond, is Petitioner.

Accounting is waived

I&A: $1,027,115.58

POH: $416,739.32 cash plus vehicle and real

property interests (See Exhibit C)



Costs: $1,973.51 (filing, publication, certified

letters, appraisals)

Reserve: $5,000.00

Distribution pursuant to Decedent’s will:

Stanley K. Kataoka,Trustee of the Mariye

Kataoka Living Trust: Entire estate


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UCCJEA Updates:

Citation Recommendation: SUBMITTED

FTB Notice File 5 – Kataoka

5


6 Pedro Gallegos (Det Succ) Case No. 13CEPR00347 Atty Fanucchi, Edward L. (for Petitioner Maria Gallegos) Petition to Determine Succession to Real Property (Prob. C. 13151)

DOD: 3/9/2013 MARIA GALLEGOS, surviving spouse, is

petitioner.

40 days since DOD.

No other proceedings

I & A - $45,000.00

Decedent died intestate.

Petitioner requests Court determination that

decedent’s interest in real property located

5078 E. Platt in Fresno passes to her pursuant

to intestate succession and assignments of

interest from decedent’s children.

Disclaimer of Interest filed on 6/11/2013.


Continued from 6/4/2013. Minute order

states Mr. Fanucchi is to prepare and file

memorandum set forth to show court an

alternative to the original filing. As of

7/3/2013 the memorandum has not

been filed.

1. There does not appear to be a

provision in the Probate Code that

would allow an individual to assign or

disclaim their right in a summary

proceeding. Therefore all who

succeed to the property must

petition. If after all those entitled

receive the property they can then

transfer their interest in the property to

the petitioner.

2. Pursuant to Probate Code §282 a

Disclaimer of Interest acts if the

disclaimant predeceased the

creator of the interest (decedent).

Therefore, the issue of those

disclaiming would then be entitled to

the disclaimed property. That is

assuming disclaimers could be used

in summary proceedings which it

appears that they cannot.

Cont. from 060413

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UCCJEA Updates:


FTB Notice File 6 – Gallegos

6


7 George Feodor Taylor (Estate) Case No. 13CEPR00482 Atty McCloskey, Daniel T. (for Gregory L. Taylor – Petitioner – Son) Petition for Probate of Will and for Letters Testamentary; Authorization to

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

DOD: 02/16/2009 GREGORY L. TAYLOR, son is petitioner and

requests appointment as executor without

bond.

Named Executor declines to act.

Sole heir waives bond

Full IAEA – o.k.

Will dated: 08/02/1989

Residence: Fresno

Publication: The Business Journal

Estimated value of the Estate

Personal property - $200,000.00

Probate Referee: Steven Diebert


1. Petitioner requests appointment as

executor however he is not named

in the decedent’s will as executor.

Petitioner should request

appointment as Administrator with

will annexed.

2. Item 5b of the petition is incomplete

regarding stepchild or foster child.

Note: If the petition is granted status

hearings will be set as follows:

• Friday, 12/13/2013 at 9:00a.m.

in Dept. 303 for the filing of the

inventory and appraisal and

• Friday, 09/12/2014 at 9:00a.m.

in Dept. 303 for the filing of the first

account and final distribution.

Pursuant to Local Rule 7.5 if the required

documents are filed 10 days prior to the

hearings on the matter the status

hearing will come off calendar and no

appearance will be required.

Cont. from

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UCCJEA Updates:


FTB Notice File 7 – Taylor

7


8 Randall Lee Davis (Det Succ) Case No. 13CEPR00495 Atty Moss, Michael E (for Bradley Davis and Jonathan Davis – Petitioners – Children)

Petition to Determine Succession to Real Property and Personal Property (Prob. C.

13151)

DOD: 01/28/2013 BRADLEY DAVIS and JONATHAN DAVIS,

children, are petitioners.

40 days since DOD

No other proceedings

I&A - $144,532.83


Petitioners request Court determination that

decedent’s 100% interest in real property

located at 432 E. Gail Ave. Tulare, Ca., US

Bank Check No. 59196, Bank of the West

Overdraft Litigation check made payable

to Randall Lee Davis in the sum of $14.06, US

Bank Check No. 8937, Bank of the West

Overdraft Litigation check made payable

to Randall Lee Davis in the sum of $4.83,

Bank of America checking account ending

in 3149, Bank of America savings account

ending in 7714, Bank of the West checking

account ending in 1377, 1971 Ford

Mustang, 1971 Mach 1 Ford Mustang, 2000

Ford Mustang, 1996 Chevrolet Truck and

Suzuki Marauder motorcycle pass ½ to

Bradley Davis and ½ to Jonathan Davis.


1. Inventory and Appraisal was not

signed by the Attorney pursuant to

California Rules of Court rule 7.501(c).

– Declaration filed 07/08/2013 with

the Inventory and Appraisal

attached with attorney’s signature.

Cont. from

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Aff. Posting Reviewed by: LV


UCCJEA Updates:

Citation Recommendation: Submitted

FTB Notice File 8 – Davis

8


9 Selena Martinez & Jose Martinez Jr. (GUARD/P) Case No. 09CEPR01030 Atty Vega, Maribel (Pro Per – Guardian – Petitioner) Petition to Fix Residence Outside the State of California

Jose (15)

MARIBEL VEGA, Sister and Guardian, is

Petitioner.

Petitioner was appointed Guardian of Selena

and Jose on 2-18-10 after their mother was

deported.

Father: JOSE MARTINEZ CERVANTES

Mother: MARIA VILLALOBOS

Paternal grandparents: Deceased

Maternal grandmother: Deceased

Maternal grandfather: Francisco Coronado

Siblings: Selena Martinez, Leopoldo Villalobos,

Jr., Jeanette Villalobos

Petitioner requests to fix the residence of the

minor with his mother in Mexico. Petitioner states

Jose has not been doing good in school, gets in

trouble too much. He thinks he needs to spend

time with his mom in Mexico to see if that would

help him change. Petitioner estimates that he

would stay for about 1 year.


Note: This petition applies only to the minor

Jose. Selena has turned 18 and is no longer

subject to guardianship.

1. Need Notice of Hearing.

2. Need proof of service of Notice of Hearing

at least 15 days prior to the hearing on the

minor and on all relatives per Probate

Code §2352(c):

- Jose Martinez Jr. (Minor, age 15)

- Jose Martinez Cervantes (Father)

- Maria Villalobos (Mother)

- Francisco Coronado (Maternal

Grandfather)

- Selena Martinez (Sister)

- Leopoldo Villalobos, Jr. (Brother)

- Jeanette Villablobos (Sister)

3. Petitioner provides a phone number, but

no address for the proposed residence in

Mexico. The Court may require

clarification.

Note: All relatives originally consented to

guardianship; however, at this time, it is

unclear from the petition if the minor or any

other relatives are aware of this plan or

petition.

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UCCJEA Updates:


FTB Notice File 9 – Martinez

9


10 David Corrales and Isaiah Corrales (GUARD/P) Case No. 12CEPR00939 Atty Estrada, Jeannette and Alexander (Pro Per – Paternal Aunt and Uncle – Guardians) Atty Alegria, Angelica Michelle (Pro Per – Mother – Petitioner) Petition for Termination of Guardianship

David (7) ANGELICA MICHELLE ALEGRIA, Mother, is Petitioner. JEANETTE and ALEXANDER ESTRADA, Paternal Aunt and Uncle, were appointed guardians on 12-13-12. Father: DAVID FERNANDO CORRALES - Incarcerated (Avenal) Paternal Grandfather: Camilo Corrales Paternal Grandmother: Rosa Molina Maternal Grandfather: Amadeo Alegria Maternal Grandmother: Linda Perez - Deceased This petition for termination of guardianship does not state a reason (blank at #5); however, Petitioner concurrently filed a petition for visitation that was heard on 6-11-13. The petition for visitation requested regular visitation including weekends, holidays, birthdays. Guardian Jeanette Estrada’s Declaration filed 6-10-13 states they do not feel more than one hour visitation is in the children’s best interest. Guardians state one minor has nightmares when speaking to his mother occasionally. They do not want the children to be traumatized. Guardians state the chidlrne are doing well in school and adjusting to their home. The mother still does not understand why they have the boys. Guardians believe she is still using drugs and are afraid for the boys’ safety around her. At hearing on 6-11-13, the petition for visitation was denied. Court Investigator Samantha Henson filed a report on 7-2-13.

NEEDS/PROBLEMS/COMMENTS: 1. Need Notice of Hearing. 2. Need proof of service of Notice of

Hearing at least 15 days prior to the hearing per Probate Code §1460(b)(5) on: - David F. Corrales (Father) - Jeanette Estrada (Guardian) - Alexander Estrada (Guardian) - Camilo Corrales (Paternal Grandfather) - Rosa Molina (Paternal Grandmother) - Amadeo Alegria (Maternal grandfather)

Isaiah (5)

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UCCJEA Updates:


FTB Notice File 10 – Corrales

10


11A Miles McFadden & Love McFadden (GUARD/P) Case No. 13CEPR00224 Atty Thomas, La Shonte (Pro Per – Non-relative – Petitioner) Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Miles Devonte McFadden

Age: 5 TEMP EXPIRES 5-21-13

LA SHONTE THOMAS, non-relative (family friend), is

Petitioner.

Father: UNKNOWN

Mother: LISA YOUNG

- Personally served 5-11-13

Paternal Grandparents: Unknown

Maternal Grandfather: Unknown

Maternal Grandmother: Veronica Spicer

- Mailed service on 5-11-13

Sibling: Tyrone Smith (age not listed)

Petitioner states Guardianship is necessary to

continue to keep the children safe, provide for their

special needs, connect them to services, provide

daily care, stable housing and continued medical

care. Mother has failed to maintain sobriety and

keep in contact. Social Security cards are needed to

enroll the children in school.

Per UCCJEA, the children have lived with Petitioner

since 2010.

Court Investigator Charlotte Bien filed a

Supplemental Report on 5-15-13.

DSS Social Worker Veronica Reyes filed a report on 7-

5-13.

NEEDS/PROBLEMS/

COMMENTS:

Love James McFadden

Age: 5

Cont. from 052113

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UCCJEA Updates:


FTB Notice File 11A – McFadden

11A


11B Miles McFadden & Love McFadden (GUARD/P) Case No. 13CEPR00224 Atty Thomas, La Shonte (Pro Per Petitioner) Hearing Re: Fee Waiver


CONFIDENTIAL

Cont. from 052113

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UCCJEA Updates:


FTB Notice File 11B – McFadden

11B


12 Rebecca Hartman (Det Succ) Case No. 13CEPR00276 Atty Hartman, Desiree D. (pro per Petitioner)

Atty Hartman, Keith L. (pro per Petitioner)

Atty Chronister, Sherie D. (pro per Petitioner) Petition to Determine Succession to Real Property (Prob. C. 13151)

DOD: 7/18/2012 DESIREE D. HARTMAN, KEITH HARTMAN and

SHERIE D. CHRONISTER, children of the

Decedent, are petitioners.

40 days since DOD.

No other proceedings.


I & A - see note #1

Petitioners request Court determination

that Decedent’s interest in real property

located at 1639 Palo Alto in Fresno passes

to them 1/3 each, pursuant to intestate

succession.


Continued to 8/14/2013 at the

request of Petitioner.

Continued from 5/7/2013. Minute order

states examiner notes are provided to

the petitioners. The petitioners are

directed to cure the defects. As of

7/3/2013 the following issues remain:

1. The property must be appraised by

the probate referee. Need inventory

and appraisal completed by the

probate referee.

2. Need date of death of deceased

spouse. Local Rule 7.1.1D.

3. Order is incomplete. Order should

include the complete legal

description of the property and

each petitioner’s name and specific

interest they will be receiving.

Cont. from 050713

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UCCJEA Updates: 7/8/2013


FTB Notice File 12 – Hartman

12


13 Ruby Plumlee & Adam Plumlee (GUARD/P) Case No. 13CEPR00382 Atty Gonzalez, Carmen Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Ruby, age 7 NO TEMP REQUESTED

CARMEN GONZALEZ, Maternal Grandmother,

is Petitioner.

Father: BUCK PLUMLEE

- Fresno County Jail

Mother: CLARISSA MALDONADO

- Declaration of Due Diligence filed 5-7-13

Paternal Grandfather: Deceased

Paternal Grandmother: Betty Gomez

Maternal Grandfather: Deceased

Petitioner states the mother abandoned the

children. She doesn’t know her whereabouts,

but she knows she is not doing well and is not

responsible right now. Petitioner feels she

needs help and the safest place for the

children is with her until the mother gets

better.

Court Investigator Jennifer Young filed a

report on 7-2-13.


1. Need Notice of Hearing.

2. Need proof of personal service of

Notice of Hearing with a copy of the

petition at least 15 days prior to the

hearing per Probate Code §1510 or

consent and waiver of notice or

declaration of due diligence on both

parents:

- Buck Plumlee (Father)

- Clarissa Maldonado (Mother)

Note: Father is reportedly in Fresno

County Jail. Petitioner should be able to

arrange service.

Note: Petitioner filed a Declaration of

Due Diligence re Mother; however, it

only states “unknown” and does not

indicate any efforts to locate or serve

her.

3. Need proof of service of Notice of

Hearing with a copy of the petition at

least 15 days prior to the hearing per

Probate Code §1510 or consent and

waiver of notice or declaration of due

diligence on:

- Betty Gomez

(Paternal Grandmother)

Adam, age 5

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UCCJEA Updates:


FTB Notice File 13 – Plumlee

13


14 Jose Andrade, Jr. (GUARD/P) Case No. 13CEPR00403 Atty Martinez, Belinda Petition for Appointment of Guardian of the Person (Prob. C. 1510)

Age: 7 months NO TEMP REQUESTED

BELINDA MARTINEZ, Maternal Grandmother, is

Petitioner.

Father: JOSE DEJESUS ANDRADE


Mother: ARLENE MARIE NAVARRETE

- Consents and waives notice

Paternal grandfather: Ricardo Andrade


Paternal grandmother: Sofia Andrade


Maternal Grandfather: Dino Navarrete

- Deceased

Petitioner states the father was deported to

Mexico and the mother is unstable, moves from

home to home and uses drugs. The minor has

lived with Petitioner since birth.

Court Investigator Jennifer Young filed a report

on 7-2-13.


1. Petitioner filed declarations of

due diligence for the father and

paternal grandparents;

however, the Court may require

service of Notice of Hearing with

a copy of the petition pursuant

to Probate Code §1511.

Note: The father and paternal

grandparents reportedly reside

in Mexico, whereabouts

unknown.

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

Clearances

Order



UCCJEA Updates:


FTB Notice File 14 – Andrade

14

Documents

1 Linda Ann Martens (CONS/P) - Fresno County Superior · PDF file1 Linda Ann Martens (CONS/P) Case No. 0367515 ... Sp.Ntc. Pers.Serv. Conf. ... Property: 3793 Duke, Clovis, CA