Calendar date of 11/24/10

THE NOTES BELOW REPRESENT NOTES AFTER THE SECOND CHECK HAS BEEN

COMPLETED. NO FURTHER DOCUMENTS WILL BE REVIEWED PRIOR TO HEARING.

***** The Probate Examiners can be reached at

ProbateNotes@sb-court.org.

Emails must have the case identification information and hearing time/date in the subject line. No attachments will be opened. Probate Examiners can only respond to inquiries regarding the meaning of comments in the notes. PLEASE DO NOT SEND EMAILS TO STATE THAT DOCUMENTS HAVE BEEN FILED, TO REQUEST A CONFIRMATION OF WHETHER DOCUMENTS HAVE BEEN RECEIVED, OR TO REQUEST THE CLEARING OF NOTES. No legal or procedural advice may be given

Superior Court of Calif, County of San Bernardino Page: 1 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH PROBATE

---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000765 CASE NAME: IRENE MADALINE CAMACHO HEARING: Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. COUNSEL: LISA MARIE FELIX (PET)...ELENA REYES IRENE MADALINE CAMACHO (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA by daughter. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is requesting bond of $280,000. Appears sufficient. 2. Need proof of publication.

RECOMMENDATION RFA subject to note 2, $280,000 bond. If approved, set Accounting/Status Review for 02/01/12. Any accounting to be filed 30 days in advance. Note requirements of local rule 20-908. (cbr)

Superior Court of Calif, County of San Bernardino Page: 2 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000773 CASE NAME: WALTER HOWARD TODD JR. HEARING: Petition for LETTERS OF ADMINISTRATION COUNSEL: LARRY TODD (PET)...DAVID & TURNER WALTER HOWARD TODD JR. (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA by son. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. All heirs waive bond. However, need wavier from Jerry Lee Todd. 2. Petitioner also is requesting $70,000 to be placed into a blocked account in Bank of

America. 3. Need proof of publication.

RECOMMENDATION Need to clear notes. If approved, set Accounting/Status Review for 02/01/12. Any accounting to be filed 30 days in advance. Note requirements of local rule 20-908. (cbr)

Superior Court of Calif, County of San Bernardino Page: 3 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000779 CASE NAME: SAMUEL ARRIOLA HEARING: Hearing re: Petition for Letters of Admin. W/ Limited Authority under IAEA COUNSEL: ANGELA ARRIOLA (PET)...BARBARA BERGSTEIN SAMUEL ARRIOLA (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Letters of Administration with limited authority under IAEA by daughter. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is requesting bond of $20,000. The only asset of the estate is a pending civil lawsuit. Appears sufficient.

2. Need proof of publication. RECOMMENDATION RFA subject to note 2, $20,000 bond. If approved, set Accounting/Status Review for 02/01/12. Any accounting to be filed 30 days in advance. Note requirements of local rule 20-908. (cbr/abs) Superior Court of Calif, County of San Bernardino

Page: 4 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000795 CASE NAME: RODNEY W. LOFT & MARGARET T. LOFT FAMILY TRUST HEARING: Petition for CONFIRMING ASSETS ARE TRUST ASSETS COUNSEL: RODNEY W. LOFT AND MARGARET T.(TRU)... SUSAN KALIL (TEE)...ZUMBRUNN LAW CORPORATION STEPHEN LOFT (ZUMBRUNN LAW CORPORATION )...ZUMBRUNN GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Confirming Trust Assets and Transfer to Trustees Pr. C. §§ 850, 17200. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioners Susan Kalil and Stephen Loft are Trustees of the Rodney W Loft and Margaret T Loft Family Trust dated 8/24/91 and amended and restated on 3/16/10. Trustors Rodney W. Loft died 04/07/10 and Margaret T. Loft died on 6/06/10.

2. Petitioners request that the court find that the property is a trust asset. The property was first transferred in the name of the trust in 1991, then refinanced and re-transferred to the trust in 1995. However, the real property was again refinanced in 1999 and the deed was transferred to themselves as husband and wife as joint tenants. If the assets are set forth in Schedule A (in this case named community property) of the trust this establishes an intent on the part of the settlor that the assets be a part of the trust. It is not necessary to actually transfer by deed to the trust. (Estate of Heggstad (1993) 16 Cal. App. 4th 943.) Under the original facts the assets would clearly have been deemed a part of the trust. However, there was an intervening fact, the petitioner transferred the asset themselves as individuals. This takes the asset out of the trust. The Trustors then had from 1999 until her death in 2010 (11 years) to transfer the asset back into the trust. The Trustors did not do so. Question the intent of the Trustors as 11 years had passed and question why this asset should not be probated? Need verified supplement. Supp: Petitioners state that their parents believed that the property was a trust asset. JTD.

RECOMMENDATION Court’s discretion. (cbr/abs)

Superior Court of Calif, County of San Bernardino Page: 5 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0600107 CASE NAME: ESTATE OF MARVIN J BUXTON HEARING: FIRST Account and Report of DEBRA L BUXTON COUNSEL: DEBRA L BUXTON (PET)...DONALD C KEMBY MARVIN J BUXTON (DEC)... DEPARTMENT OF HEALTH CARE SERV(TP )...PRO/PER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON First account and report.

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. The highly unusual nature of this probate administration warrants a timeline of

the probate: a. Decedent died in 2004. b. Representative’s probate petition was approved in 4/07. The court required

$31,000 bond. c. In 11/07, the court vacated the bond requirement based upon waivers of the

heirs. d. In 12/07, DHCS filed a $37,139.84 claim and request for special notice. e. In 3/08, representative filed a Final I&A indicating that the sole probate asset

was a $70,000 real property in Yucca Valley, CA. In 7/08, representative reported that the real property was listed for sale. Letters had not yet issued.

f. In 8/08, atty Donald Kemby substituted into the case on behalf of representative. He had already been participating in the case.

g. In 9/08, an “Interim Report” by atty Kemby on behalf of the representative disclosed that “Red Dragon, Inc., the entity entitled to distribution of the Estate Property, waives an account by Petitioner ….” Kemby did not disclose that he is the CEO and agent for service of Red Dragon, Inc. The Interim Report was signed by Kemby only, apparently based upon his attached declaration stating that he did not have contact with the client.

h. In the 9/08 Interim Report, Kemby alleged that in 2005, Red Dragon, Inc. had obtained assignments in interest for the property from two of decedent’s three children and that assignments from the three minor grandchildren (children of a third predeceased child of decedent) were obtained in 2006. Both dates are well before 2007 when the probate petition was filed and 2008 when Kemby substituted into this case. It is unclear how Kemby came to represent representative or whether any disclosures regarding his relationship with Red Dragon, Inc. were made. Need declaration from Kemby and verified supplement from representative.

i. Also in the 9/08 Interim Report, Kemby states that the assignments from the three minors were obtained from their parent pursuant to Pr.C. 3401. However, that section related to delivery of a minor’s property to a minor via a parent under certain circumstances. There is no apparent basis for the parent to have bound the minors to an assignment. Parent is also listed as trustee but that would not confer authority to assign their inheritance rights as individuals. Need declaration from Kemby and verified supplement from representative.

j. Note also that as of the 9/08 Interim Report, letters still had not issued. k. At a 12/18/08 ex parte hearing on petition for administrator to obtain a loan

on estate real property, there was no appearance and the petition was denied.

l. A 12/22/08 petition for same was again signed only by Kemby (not representative). Kemby/the estate proposed to obtain a $50,000 loan with up to 15% interest on the basis that the estate real property was headed for foreclosure and it was a hardship for the representative to advance funds to keep the property. Kemby again did not disclose the assignments to his corporation, Red Dragon, Inc. The petition was denied in 12/29/08.

m. On 12/29/08, letters of administration issued. n. On 4/1/09, DHCS again filed a $37,139.84 claim and request for special

notice. o. On 11/24/09, the estate again filed a petition for authority to obtain a loan on

the real property on behalf of the estate. The proposed terms this time were a $40,000 loan with up to 15% interest. An attached declaration of atty Kemby stated that the DHCS claim had been negotiated down to $18,000 and that the proposed loan proceeds would be used to pay that negotiated claim and to save the real property from foreclosure. Again, there is no mention of the assignments to Red Dragon, Inc. The court calendared the matter for a noticed hearing.

p. On 1/27/10, the court granted the petition to authorize the loan. Note atty Kemby’s supplemental declaration filed the same date setting forth the history of the probate including the purchase of assignments by Red Dragon, Inc. (without reference to his involvement with that corporation). Counsel also states that a Huong Kuot had paid $7,127.27 to the trustee to avoid foreclosure and that the loan proceeds would be used to pay-off the existing mortgage ($9,776.06), to settle the DHCS claim for $18,000, to pay approximately $5,000 loan fees, and to use the remaining proceeds to repay

all or a portion of the funds advanced by Kuot. The identity/relationship of Kuot is not disclosed. Note also that Kemby states that “the beneficial interest in the estate were [sic] assigned to Kuot as security.” (p. 2:18-19.)

q. In a 1/27/10 Waiver of Notice (accompanying the petition to authorize the loan), note that Huong Kuot signed as an individual and a signature matching that of atty Kemby is on the signature line for Red Dragon, Inc. but there is no printing designating the name of the signor.

r. In a 4/8/10 supplemental declaration re status of probate, atty Kemby again states that the beneficiary interest in the property was assigned to red Dragon. Inc., which was in turn assigned to Kuot who advanced the funds to avoid foreclosure. Kemby added that when the proposed mortgage was funded, the estate intended to seek authority to transfer the estate real property to Kuot. This statement conflicts with Kemby’s prior statement that Kuot would be repaid the advanced funds (both a transfer and repayment would not be improper) and it is not clear upon what authority Kemby/the estate would preliminarily transfer estate real property, the only estate asset. Kemby still does not disclose his relationship with Red Dragon, Inc. or the identity/relationship of Kuot. Again, the client/representative does not sign any of the probate documents nor apparently receive notice of same.

s. In a 7/8/10 supplement declaration regarding probate status, atty Kemby again repeats the allegations re assignments to Red Dragon then to Kuot and again states that the real property is to be transferred to Kuot. Kemby added that a $40,000 loan could no longer be obtained and that a $32,000 loan was taken. Kemby notes that the loan was funded and the proceeds were sent to the client/representative who had moved to a rural section of Washington state “some distance from any bank” and therefore no bank account had yet been opened. Kemby also added that he hoped to renegotiate the DHCS claim lower based upon the lesser loan proceeds but that he was waiting to hear back from the state.

t. On 8/4/10, atty Kemby filed a document entitled “Mesne Assignments Beneficial Interest Terminating in the Assignments to Huong Kuot” [sic] in which he states “That I am, and at all times relevant herein have been, the attorney for Red Dragon, Inc.” (p. 1:25-26.) Such representation is not indicated in the file anywhere up to that point. Kemby added that the assignments were fairly purchased and assigned to Kuot to avoid foreclosure. Copies of the assignment documents are attached for the first time. A review indicates a 1/21/10 assignment from Red Dragon, Inc. (with Kemby signing as CEO of the corporation) to Kuot. Also attached are 1/11/06 assignments from the father/trustee of the three grandchildren heirs to Donald C. Kemby (to him individually, not to Red Dragon, Inc.) and an assignment to Red Dragon, Inc. that accounted for the interests of decedent’s two surviving adult children. Again the “status report” is signed only by Kemby and not the client/representative.

u. On 8/9/10, Kemby filed a Report on Accounting for Loan Proceeds in which he reports that the state would not negotiate a lower claim based upon the lesser loan proceeds and therefore the net $16,663.04 loan proceeds were

not used to pay the claim and instead were distributed to the estate for deposit into the estate account (presumably held by the representative – note lack of information and statements in the accounting notes section below). Kemby adds that the real property is listed for sale. Also, a review of the attached escrow closing statements reveals the following concerns:

i. Loan fees to “The Loan Lady” of $3,700 for a $32,000 loan (11.6%). ii. Total loan fees and costs of $5,662.65 for a $32,000 loan (17.7%).

Again, the report is signed by counsel only and not the representative. Counsel did not sign under penalty of perjury. Also, it appears that the conditions for which the loan was approved by the court (payment of claim) has not been met.

2. Now before the court is a First Accounting and Report filed on 10/8/10. The notes below address that accounting.

3. The verification of the representative was made in Washington State and does not state that it is made under penalty of perjury under the laws of the State of California as required by CCP section 2015.5.

4. The summary of account is not clear because it is in unusual form (e.g., including mortgages both in charges and credits, unlabelled Schedules A-F in credits, an unclear “less mortgage” amount under credits of both $32,000 and $38,000 (when prior filings state that the existing loan balance was $9,000), etc. Need proper summary of account.

5. Petitioner states that all accounting amounts are estimates because the computer on which the figures were kept was stolen. Suggest court require rebuilding of exact accounting via bank statements and cancelled checks recovered from bank.

6. The history of the estate, including the assignments to Red Dragon, Inc. are again retold without stating the relationship between atty Kemby and Red Dragon nor whether any disclosures were made to beneficiaries or representative. Need P&As and verified declarations of counsel and representative addressing apparent conflict of interest and potential violations of the Rules of Professional Conduct including 3-300 and 4-300 per the facts set forth above (purchase of estate asset by corporation controlled by representative’s counsel, with or without disclosure and consent).

7. Representative/Kemby state that “Red Dragon, Inc. has received additional rent [on the estate real property] … in the amount of $4,400” and that “Red Dragon has had a net expenditure on the subject property of $32,641.70 ….” (p. 4:23-26.) The rents would belong to the estate and not Red Dragon as the real property is still estate property until distribution. At most, Red Dragon has received an assignment of beneficial interest for the real property that would not ripen until distribution. Issues raised: a. Court may wish to set OSC re return of rent receipts to estate forthwith. This

is especially sensitive in light of the fact that there will be at least one unsatisfied creditor (DHCS).

b. By failing to pay the DHCS claim with the loan proceeds, representative/Kemby have essentially drained the value of the estate asset away from the creditor. This is especially problematic because there are no

bank statements to indicate where any surplus loan assets are held. Suggest court require deposit of any existing funds to blocked account forthwith and proof of same.

c. Treatment of the estate asset evidences an extreme confusion by both Kemby and the representative regarding the administration process and ownership of estate assets during that process.

8. Representative states that the California State Controller has notified the estate that it seeks approximately $5,600 for deferred property taxes by decedent.

9. The schedules to the accounting are highly irregular and not in standard form that can be followed. Need proper amended accounting. For now, a review of the documents purportedly attached as schedules reveal the following concerns: a. Schedule B - 9/16/05 for an unstated amount to Michael Buxton (son) to

“Buy His Interest for Cash.” This is troubling both because representative/ Kemby have accounted back to a period in which Red Dragon apparently was purchasing the heirs’ interests and because specifics are not given. Is Red Dragon including its expenses in this estate accounting?

b. Schedule B – Multiple reimbursements to a Price Dawe without explanation (and some without amount) for hundreds of dollars.

c. Schedule C – All entries are unsupported and without explanation of how they benefited the estate.

d. Schedule D of Misc Expenses includes thousands to a Ron Brault and Home Depot without explanation and all entries are unsupported/ unexplained.

e. Schedule E, Refund from Loan purports to set a starting balance from the loan proceeds amount then add for rents and reduce for an unexplained $10,628.12 for “Withdrew/Paid Kemby & Kuot.” Need verified supplement itemizing and explaining including sizeable payment to counsel and Kuot without apparent authority.

f. Schedule F is a mere separate period of unexplained transactions. Note lump sum $3,302.79 “cash expenses by attorney” and $3,040.87 reimbursed by estate (apparently without authority) without any breakdown or support.

g. Schedule G appears to indicate that Kemby has completely intermingled the funds and accounting, stating the sources of funds over the schedules (some period positive and some negative), plus significant rents received ($17,400). This form of “accounting” cannot be followed.

h. The entirety of the accounting does not meet the reporting, summary, and schedule requirements of Pr.C. 1060 et seq. Need amended accounting.

i. Need all bank/investment statements per Local Rule 20-908. RECOMMENDATION Need amended accounting and to clear notes re needed P&As and verified supplements. Court may wish to set OSC re return of estate assets forthwith. There is no bonding company to notice. (abs)

Superior Court of Calif, County of San Bernardino Page: 6 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900355 CASE NAME: ROY CHARLES MINER SEE ALSO 7

HEARING: Hearing Re: Petition for Request for Seizure of Funds COUNSEL: SHEILA JO MINER (PET)...JAMES E NEWNHAM ROY CHARLES MINER (DEC)... SHIRLEY M MINER (OBJ)...JACK B OSBORN GENERAL INFORMATION: Continued from 6-17-09 by request of counsel. No new research completed. The notes below are from the hearing on 6-17-09. Continued from 06/22/09, 08-18-09, 10/28/09. 12/22/09, 2/22/10, 03/22/10, 4/26/10, 5/24/10, 7/1/10, 07/28/10, 09/1/10 and at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Request of Seizure of Funds and Placement into Trust Account THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is the daughter of decedent, Roy Charles Minor, who died 4/13/09. Petitioner alleges that decedent had a bank account (pay on death account or joint tenancy account) for which petitioner was listed as beneficiary. Petitioner believes that petitioner’s brother, Rick Miner, used his power of attorney after decedent’s death to close the account. Petitioner believes there may be other accounts that her brother closed as well. No authority is provided in the petition, however, it would appear that this is a petition under Pr.C. §850.

2. Need to file Notice of Hearing and proof of service per Pr.C. §851, including personal service upon Rick Miner.

3. Objections filed by Shirley Miner. RECOMMENDATION: Need notice and then set for Evidentiary Hearing. (gls/cbr/vet/abs/cbr/abs/cbr/kra/gls/cbr/gls/cbr)

Superior Court of Calif, County of San Bernardino Page: 7 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900355 CASE NAME: ROY CHARLES MINER SEE ALSO 6

HEARING: Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. COUNSEL: SHEILA JO MINER (PET)...JAMES E NEWNHAM ROY CHARLES MINER (DEC)... SHIRLEY M MINER (OBJ)...JACK B OSBORN GENERAL INFORMATION: Continued from 06/22/09, 08-18-09, 10/28/09, 12/22/09, 2/22/10, 03/22/10, 4/26/10, 07/1/10, 07/28/10, 9/1/10 and 10/14/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA filed by daughter THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner makes no request whether or not bond should be waived. However, as full authority is requested, Court may wish to set bond at $505,000. JTD

2. Need to file Notice of Petition to Administer Estate and proof of service. 3. Need to file proof of publication. 4. Objections filed by Shirley Miner, surviving spouse of decedent, stating

there are no assets subject to probate administration. All of decedent’s assets are either held jointly with objector or held in the name of the Miner Trust.

RECOMMENDATION: Need to clear notes 2-3, and then Court’s discretion. If approved, set hearing on accounting/status review for 02/01/12. Accounting to be filed 30 days in advance. (gls/cbr/vet/abs/cbr/abs/cbr/kra/gls/cbr/gls/cbr)

Superior Court of Calif, County of San Bernardino Page: 8 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900499 CASE NAME: EDWARD MANOUGIAN SEE ALSO 9 & 10

HEARING: Hearing Re: CONTEST AND GROUNDS OF OPPOSITION COUNSEL: MARGUERIT MANOUGIAN (PET)...SILVA BEREJIAN EDWARD MANOUGIAN (DEC)... MASSIS MANOUGIAN (CON)...TERRENCE F RILEY GENERAL INFORMATION Continued from 08/25/09 at request of counsel for publication. Continued from 10-06-09, 12/1/09, 1/7/10 and 2/18/10 to file responsive pleadings. Continued from 4/29/10 as matter is contested and set for MSC. Continued from 06/21/10/ Court and counsel confer off the record. THIS CASE SET FOR HEARING ON Petition for Probate, Letters Testamentary with Full Authority under IAEA. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner, Marguerit Manougian, submits a purported will dated 10/26/07 for probate. The purported Will waives bond.

2. Notice to Petition to Administer Estate and proof of service filed. However, section 5 is not checked indicating petitioner is requesting IAEA authority. Need proper notice.

3. Proof of publication filed. However, it does not indicate the request for IAEA powers. Need correct proof of publication.

4. Contest and Grounds of Opposition to Probate of Will is filed by Massis Manougian (son and heir of decedent). Respondent alleges that he is the executor and sole beneficiary under another Will dated 6/20/97 which is decedent’s true and valid Will. Respondent further alleges the purported Will dated 10/26/07 was not signed by decedent in the manner required by law, and it was signed under fraud and undue influence.

5. Reply to Contest and Grounds of Opposition filed.

6. Need return of summons. RECOMMENDATION Contested hearing set. (cbr/abs/vet/gls/kra/cbr) Future hearing dates: 11/29/10 Court Trial set for PETITION FOR WILL AND LETTERS TESTAMENTARY of MARGUERIT MANOUGIAN 11/29/10 Hearing Re: CONTEST AND GROUNDS OF OPPOSITION 11/29/10 Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA..

Superior Court of Calif, County of San Bernardino Page: 9 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900499 CASE NAME: EDWARD MANOUGIAN SEE ALSO 8 & 10

HEARING: Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA.. COUNSEL: MARGUERIT MANOUGIAN (PET)...SILVA BEREJIAN EDWARD MANOUGIAN (DEC)... MASSIS MANOUGIAN (CON)...TERRENCE F RILEY See notes on previous matter (page 8) Future hearing dates: 11/29/10 Court Trial set for PETITION FOR WILL AND LETTERS TESTAMENTARY of MARGUERIT MANOUGIAN 11/29/10 Hearing Re: CONTEST AND GROUNDS OF OPPOSITION 11/29/10 Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA..

Superior Court of Calif, County of San Bernardino Page: 10 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900499 CASE NAME: EDWARD MANOUGIAN SEE ALSO 8 & 9

HEARING: Readiness Calendar COUNSEL: MARGUERIT MANOUGIAN (PET)...SILVA BEREJIAN EDWARD MANOUGIAN (DEC)... MASSIS MANOUGIAN (CON)...TERRENCE F RILEY Readiness – No notes Future hearing dates: 11/29/10 Court Trial set for PETITION FOR WILL AND LETTERS TESTAMENTARY of MARGUERIT MANOUGIAN 11/29/10 Hearing Re: CONTEST AND GROUNDS OF OPPOSITION 11/29/10 Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA..

Superior Court of Calif, County of San Bernardino Page: 11 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900545 CASE NAME: MARY ROMAN VELARDE HEARING: FIRST Account and Report of MONICA L. HINOJOS and Petition for allowance of fees filed. COUNSEL: MONICA L. HINOJOS (PET)...GREGORY L ZUMBRUNN MARY ROMAN VELARDE (DEC)... JOHNNY VARGAS (OBJ)...SHERRI L KASTILAHN GENERAL INFORMATION THIS CASE SET FOR HEARING ON First Account Current. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Accounting period 5/3/09 to 9/30/10. 2. Assets on hand $130,702.27. 3. Petitioner is requesting an additional year to close the estate and has requested

12/14/11 as the hearing date. RECOMMENDATION RFA. If approved, set next Accounting Review for 12/14/11. Any accounting to be filed 30 days prior to hearing. (cbr/abs)

Superior Court of Calif, County of San Bernardino Page: 1 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN PROBATE

---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000774 CASE NAME: JOSEPH HAMM HEARING: Hearing re: Petition for Letters of Admin. W/ Limited Authority under IAEA COUNSEL: KARIN HEHEMANN (PET)...ANDREA G VAN LEESTEN JOSEPH HAMM (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Letters of Administration with limited authority under IAEA by great uncle. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Mother of decedent nominated petitioner. However, petitioner is a resident of Germany. Petitioner is not eligible to serve as personal representative per Pr. C. § 8402 (a)(4). However, it does not appear that any relatives live in the United States. Court may wish to notice Public Administrator for possible appointment.

2. Petitioner is requesting $150,000 to be placed in a blocked account at Broadway Federal Bank in Inglewood.

RECOMMENDATION Need to clear notes. If approved, set Accounting/Status Review for 02/01/12. Any accounting to be filed 30 days in advance. Note requirements of local rule 20-908. (cbr/abs)

Superior Court of Calif, County of San Bernardino Page: 1A CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000022 CASE NAME: joseph robert zarate HEARING: Hearing Re: OSC RE: PROOF OF BOND COUNSEL: DIANA M TERAN-ZARATE (PET)...BORDEN LAW OFFICE JOSEPH ROBERT ZARATE (DEC)... LUPE ZARATE (PET)...AARON CHARLES GREGG LUPE ZARATE (PET)...AARON CHARLES GREGG JOSEPH ROBERT ZARATE (DEC)... JOSEPH ROBERT ZARATE (DEC)... LUPE ZARATE (PET)...AARON CHARLES GREGG DIANA M TERANZARATE (TP )...BORDEN LAW OFFICE GENERAL INFORMATION Continued from 10/20/10 at request of counsel. THIS CASE IS SET FOR HEARING ON OSC re Proof of Bond THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. On 9/8/10 the Court confirmed the sale of real property and required additional bond in the sum of $23,400. This hearing was set at that time.

2. Bond posted on 10/22/10. RECOMMENDATION Court’s discretion. Bond sufficient. (smj/cbr)

Superior Court of Calif, County of San Bernardino Page: 2 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000780 CASE NAME: MTR OF ROBERT MERLE OSBORN HEARING: Spousal Property Petition hearing. COUNSEL: CHAWEEAN OSBORN (PET)...CALDWELL, KENNEDY & PORTER, A. ROBERT MERLE OSBORN (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Spousal Property Petition THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner (surviving spouse) seeks entire real property left by decedent. Petitioner to confirm her half of the community property and acquire decedent’s half.

2. Petitioner indicates that she and the decedent were married for 13 years. Allegedly during the marriage the loan balance of the property was $46,000 and paid off from community funds and that petitioner was never added to loan or title because of her credit. Question when the real property was purchased and if purchased prior to marriage why this would not be a Marsden claim? Need verified supplement and copy of vesting deed.

3. Notice sufficient. RECOMMENDATION Need to clear note 2. (cbr)

Superior Court of Calif, County of San Bernardino Page: 2A CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000802 CASE NAME: TRUST OF LOUISE POZZO MISEMER HEARING: Petition for TO APPOINT SUCCESSOR TRUSTEE, SUPPORTING DECLARATIONS OF JASON L. GAUDY & NOMINATIONS COUNSEL: CYNTHIA GROULX (PET)...JASON L GAUDY THE DECLARATION OF TRUST OF LO(TRU)... GENERAL INFORMATION Set via order shortening time per court’s 11/4/10 order. THIS CASE IS SET FOR HEARING ON Petition to appoint successor trustee. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is a beneficiary of the subject trust. She states that a successor trustee must be appointed because the current trustee passed away. Copy of death certificate provided.

2. Petitioner states that she has not received payments from the trust since trustee’s June 2010 death.

3. Petitioner attaches signed documents by which the beneficiaries decline to act as trustee and nominate the proposed successor, Jason Gaudy, who is attorney for petitioner.

4. Proof of service was filed per the requirements of order shortening time. No opposition has been filed as of date of review.

RECOMMENDATION Court’s discretion. If approved, no future dates need be set. (abs)

Superior Court of Calif, County of San Bernardino Page: 3 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0600080 CASE NAME: DONALD H ROSE SEE ALSO 4

HEARING: Hearing Re: STATUS HEARING COUNSEL: DAMON T ROSE (PET)...SOHEILA AZIZI & ASSOCIATES P C SVEN E ROSE (PET)...BRIAN J SIMPSON DONALD H ROSE TRUST (TRU)... DAMON T ROSE (PET)...PRO/PER SVEN E ROSE (OBJ)...BRIAN J SIMPSON GENERAL INFORMATION Continued from 10/13/10. Damon Rose requested appointment of expert to forensically audit his father’s trust. Court will allow each side to submit names of 3 private professional fiduciaries as trustee and each side given copies of the court approved list of private professional fiduciaries. Parties will be allowed 1 name from the other’s list. Names will be considered on 11/24/10. THIS CASE SET FOR HEARING ON Status THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. On 08/05/10 court ordered counsel to file supplement indicated when Ms. Quay’s accounting was filed and what to what pleading is it attached. Need same.

2. Copies of it are to be submitted to the court and sent to Damon Rose 08/10/10. Damon Rose to file his objections to the report re: any discrepancies and deficiencies by 09/15/10 and copy of objections served on counsel. Objections filed on 09/15/10, with a copy of an accounting attached. Need proof of service of objections.

RECOMMENDATION Court’s discretion. Future hearing dates: 11/29/10 Hearing Re: COURT TRIAL 11/29/10 Petition for 2009 TRUST ACCOUNTING BY SVEN ROSE SUCCESSOR TSTEE-11/29/10

Superior Court of Calif, County of San Bernardino Page: 4 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0600080 CASE NAME: DONALD H ROSE SEE ALSO 3

HEARING: Readiness Calendar COUNSEL: DAMON T ROSE (PET)...SOHEILA AZIZI & ASSOCIATES P C DAMON T ROSE (PET)...NOREEN T FONTAINE SVEN E ROSE (PET)...BRIAN J SIMPSON DONALD H ROSE TRUST (TRU)... SVEN E ROSE (PET)...BRIAN J SIMPSON DAMON T ROSE (PET)...SOHEILA AZIZI & ASSOCIATES P C DAMON T ROSE (PET)...SOHEILA AZIZI & ASSOCIATES P C DAMON T ROSE (PET)...PRO/PER DAMON T ROSE (PET)...PRO/PER SVEN E ROSE (OBJ)...BRIAN J SIMPSON Readiness – no notes. FUTURE HEARINGS: 11/29/10 Hearing Re: COURT TRIAL 11/29/10 Petition for 2009 TRUST ACCOUNTING BY SVEN ROSE SUCCESSOR TSTEE-11/29/10

Superior Court of Calif, County of San Bernardino Page: 4A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0800694 CASE NAME: WILLIAM HENRY EDWARDS SEE ALSO 4B

HEARING: Petition for TERMINATION OF PROCEEDINGS AND DISCHARGE OF PERSONAL REPRESENTATIVE ETC COUNSEL: WILLIAM J EDWARDS (PET)...ZUMBRUNN LAW CORPORATION WILLIAM HENRY EDWARDS (DEC)... STATE OF CALIFORNIA FRANCHISE (AGN)...PRO/PER GENERAL INFORMATION Continued from 2/10/10 to allow review of late-filed supplement. Continued from 3/24/10. Court notes this is not a “no asset” estate under the code; the estate had assets which were lost. Matter continued for filing of final statement on foreclosure and verify of no surplus from foreclosure sale. Continued from 06/24/10, 09/01/10 and 10/20/10 to file final foreclosure statement. THIS CASE IS SET FOR HEARING ON Petition to terminate proceedings in no-asset estate THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters issued on 9-17-08, with full IAEA authority and no bond. 2. Petitioner alleges decedent owned a residence in Apple Valley that had a reverse

mortgage in excess of $118,000. Petitioner states he attempted to sell the property, but found the value was less than $90,000. Ultimately, the property was lost to foreclosure.

3. Petitioner alleges the only other assets of the estate were: an inoperable, older vehicle worth less than $500; and, less than $1,300 in bank accounts and refunds owed to the estate. Petitioner states the accounts were liquidated and the money used to maintain the property, until its sale was deemed improbable.

4. Franchise Tax Board has filed a creditor’s claim in the amount of $1,718.70. Petitioner does not state whether the claim was allowed and paid. Need verified supplement. Supp: Not paid as there are no assets.

5. Petitioner waives compensation. 6. Petitioner agrees to be solely responsible for any reimbursement of costs and

compensation to the attorney for the estate. 7. Need to file final statement on foreclosure and verify of no surplus from

foreclosure sale. Supp: Notice of foreclosure filed indicating the property was sold for less than encumbrance.

RECOMMENDATION Court’s discretion re whether estate qualifies as a no asset estate. (smj/cbr/abs/smj/smj/fhl/cbr/smj/cbr)

Superior Court of Calif, County of San Bernardino Page: 4B CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0800694 CASE NAME: WILLIAM HENRY EDWARDS SEE ALSO 4A

HEARING: Accounting Review COUNSEL: WILLIAM J EDWARDS (PET)...ZUMBRUNN LAW CORPORATION WILLIAM HENRY EDWARDS (DEC)... STATE OF CALIFORNIA FRANCHISE (AGN)...PRO/PER WILLIAM J EDWARDS (PET)...ZUMBRUNN LAW CORPORATION WILLIAM HENRY EDWARDS (DEC)... GENERAL INFORMATION Continued from 11/16/09, 1/4/10, 2/10/10, 3/24/10, 06/24/10, 09/01/10 and 10/20/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters issued on 9/17/09, with full IAEA authority and no bond. 2. No Accounting filed. 3. A petition to terminate administer for lack of assets has been filed, see

previous page. RECOMMENDATION See recommendation above. (smj/cbr/abs/smj/fhl/cbr)

Superior Court of Calif, County of San Bernardino Page: 5 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0800878 CASE NAME: CORRINE LONDON HEARING: waiver of Account and Report of VERNA L BARBRE and Petition for allowance of fees filed. COUNSEL: VERNA L BARBRE (PET)...E JOAN NELMS CORRINE LONDON (DEC)... DEPT OF HEALTH CARE SERVICES (TP )...PRO/PER GENERAL INFORMATION THIS CASE SET FOR HEARING ON Waiver of Account, Final Distribution and Allowance of Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is sole beneficiary and waives accounting. 2. Attorney is requesting statutory fees of $4,921.75. Calculated. Petitioner is

requesting that a lien be placed on the real property for the statutory fees as there is no cash in the estate. JTD

3. Petitioner is requesting that the real property be subject to a lien for the Department of Health Services claim of $44,976.14. Need verification of Department of Health Services’ acceptance of payment.

RECOMMENDATION RFA subject to note 3. If approved, court to set hearing on filing receipts and final discharge for 11/30/11. (cbr)

Superior Court of Calif, County of San Bernardino Page: 6 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: VPR VS01074 CASE NAME: MTR OF ELSPETH AMELIA JOHNSON HEARING: Motion Re: TO BE RELEVIED AS COUNSEL Filed by Petitioner MARY E SMITH COUNSEL: ELSPETH AMELIA JOHNSON (DEC)... MARY E SMITH (PET)...DAVID W BROWN D KEVIN PORTER (TP )... GENERAL INFORMATION Continued from 10/20/10 to correct notice issue. THIS CASE SET FOR HEARING ON Motion to be Relieved as Counsel THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is requesting to be removed as counsel due to the personal representative has not been cooperating with counsel.

2. Personal representative, Mary Smith (niece), was appointed 03/19/99, full authority no bond. An accounting has never been filed in this matter. In 2001 a status report indicated that the assets in the estate were approximately $288,000 (cash). There is one other heir, Roberta A. Norton (niece). Court may wish to require notice to Roberta to determine if Roberta received her distributive share. Additionally, court may wish to appoint Public Administrator to investigate the status of the funds on deposit.

RECOMMENDATION Court’s discretion. (cbr/smj/cbr) Future hearing dates: 6/13/11 Accounting Review

Superior Court of Calif, County of San Bernardino Page: 7 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/24/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0700134 CASE NAME: MTR OF ELIZABETH JANE JANISZEWSKI HEARING: Hearing Re: OSC RE: FAILURE TO APPEAR/FAILURE TO FILE COUNSEL: KRYSTYNA MARIANI (CPE)...LAW OFFICES OF RIPLEY & ASSC. ELIZABETH JANE JANISZEWSKI (CEP)...SHERRI L KAS TILAHN GENERAL INFORMATION On 10/20/10 Court set OSC hearing as there was no appearance or accounting filed. Notice given by courtroom clerk. Nothing new filed. THIS CASE SET FOR HEARING ON OSC re Failure to Appear/File an Accounting THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Court waived all future accountings on 09/10/08. Court rescinded the order on 09/15/10.

2. Need accounting. RECOMMENDATION Court’s discretion re OSC. (cbr)

Superior Court of Calif, County of San Bernardino Page: 8 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN MISC.

---------------------------------------------------------------------- DATE: 11/24/10 TIME: 1:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0900096 CASE NAME: LESTER JAMES GRAHAM VACATED.

HEARING: Hearing Re: COURT TRIAL RE: OBJECTIONS TO I&A OF CONSERVATOR COUNSEL: DOROTHY M SMITH-GRAHAM (CPE)...ROBERT D SALISBURY LESTER JAMES GRAHAM (CEP)...NOREEN FONTAINE LESTER JAMES GRAHAM (CEP)... LESTER JAMES GRAHAM (PET)...NOREEN T FONTAINE EILEEN T GRAHAM (OBJ)...GARY NAUGHTON WALTER GRAHAM (PRO/PER )...PRO/PER EILEEN T GRAHAM (GARY NAUGHTON )...GARY NAUG WALTER GRAHAM (PRO/PER )...PRO/PER FUTURE HEARINGS: 12/14/10 FIRST / CURRENT Account and Report of DOROTHY M SMITH-GRAHAM and Petition for allowance of fees filed.