Calendar date of 12/02/10 All corrections/supplements ... · PDF fileAll corrections/supplements addressing notes on ... Need verified supplement or amended petition ... violated her

Calendar date of 12/02/10

All corrections/supplements addressing notes on this calendar should be filed prior to the hearing and no later than 11/24/10. Documents filed after this time may not be reviewed prior to hearing and could result in a continuance of your case. An update to these notes will be posted prior to the hearing.

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The Probate Examiners can be reached at [email protected].

Emails must have the case identification information and 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: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000235 CASE NAME: JIM DARLING REVOCABLE TRUST HEARING: Hearing Re: Status COUNSEL: VICKY REDMOND (PET)...SCOTT FRIDLEY JIM DARLING REVOCABLE TRUST (TRU)... MYRTLE CLAUDETTE BABINO (PET)...GREGORY T ANNIGIAN JANICE DARLING (PET)...GREGORY T ANNIGIAN No notes – Status. FUTURE HEARINGS 12/29/10 READINESS 1/07/11 TRIAL

Superior Court of Calif, County of San Bernardino Page: 2 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000556 CASE NAME: CHERYL ANNE BURCH HEARING: OSC re: Proof of Blocked Account filed by PATRICIA GRANT COUNSEL: PATRICIA GRANT (PET)...MARK J TUNDIS CHERYL ANNE BURCH (DEC)... DONALD HENRY GRANT (TP )...SNYDER & HANCOCK SHANE ROBERT TOMMER (HARTNELL LAW GROUP )...HARTNELL ADVANCE INHERITANCE LLC (JAMES L LEESTMA )...JAMES L L INHERITANCE NOW, LLC (TIM TEETER )...TIM TEETE GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON OSC re proof of blocked account THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Patricia Grant was appointed Administrator of the estate on 10/21/10 (full authority, no bond). The court did order that $25,000 be placed in the attorney-client trust account as well as the net proceeds from the sale of the property into the attorney-client trust account.

2. Need receipt from Attorney Tundis that funds are held in counsel’s attorney-client trust account.

3. No proposed Order Appointing Administrator nor Letters of Administration have yet issued. Court may wish to inquire status of issuance.

RECOMMENDATION: Find out status of issuance of Order Appointing Administrator/Letters of Administration. Need receipt from Attorney Tundis. (gls) FUTURE HEARINGS 12/29/11 ACCOUNTING REVIEW

Superior Court of Calif, County of San Bernardino Page: 3 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000663 CASE NAME: TAYLOR RAMSEY CANTRELL (MASTER FILE) HEARING: Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. COUNSEL: ARTHUR CANTRELL (PET)...PAYSON L LEDERMAN TAYLOR RAMSEY CANTRELL (DEC)... CARLA S. CANTRELL (PET)...ALBREKTSON L AW OFFICES GENERAL INFORMATION Continued from 10/14/10. Court consolidated companion file (PRODS1000766) to this case. This case is deemed master file. THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA by Arthur Cantrell, brother – petition #1 Competing petition for letters of administration with full authority under IAEA filed by Carla Cantrell, surviving spouse – petition #2 THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; Petition #1 (brother):

1. Petitioner requests bond be fixed at $300,000. Item 3 of the petition is incomplete as to the character and estimated value of the property so it cannot be determined if bond is sufficient. Need verified supplement or amended petition setting forth the estimated value of the estate.

2. Petitioner states he is a nominee of a person entitled to Letters, and that he has been nominated by decedent’s mother. There may be individuals who have higher priority including decedent’s surviving spouse.

Petition #2 (surviving spouse): 1. Petitioner requests bond be fixed at $0.00 as estimated value of estate is

$0.00 and petitioner believes all property will pass via petitioner’s spousal property petition. JTD

2. Need to file notice of petition to administer estate and proof of service. 3. Need to file proof of publication. 4. Note: Spousal property petition is currently calendared for 11/18/10.

Probate notes are being completed prior to 11/18/10. Thus, these competing petitions for probate may be moot if the spousal property petition is granted.

RECOMMENDATION: Determine whether competing petitions are moot and/or whether the spousal property petition was granted on 11/18/10. If proceeding, need to clear notes. It appears that petitioner #2 has priority as administrator per Pr.C. §8461. If approved, set hearing on accounting/status review for 2/9/12. Accounting to be filed 30 days in advance. (gls/smj/gls)

Superior Court of Calif, County of San Bernardino Page: 4 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000683 CASE NAME: IN RE JO ANN CARTWRIGHT 2006 TRUST HEARING: Petition for FOR REMOVAL OF TRUSTEE OBJECTIONS TO FIDUCIARY'S ACCOUNT AND REQUEST FOR SURCHARGE OF FIDUCIARY COUNSEL: PEGGY J SHERIDAN (PET)...ASHWORTH & ASHWORTH JO ANN CARTWRIGHT 2006 TRUST (TRU)... PAMMY CARTWRIGHT (OBJ)...DENNIS S. BELMUDES GENERAL INFORMATION Continued from 10/21/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Removal of Trustee, Objections to Fiduciary’s Account and request for Surcharge of Fiduciary THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Petitioner, Peggy Sheridan is a beneficiary of the JoAnn Cartwright 2006 Trust. The Trust is being administered in the County of San Bernardino. Petitioner alleges the trustee is in breach of the trust in that trustee has violated her duties to administer the trust and failing to make distributions required under the trust instrument in a timely manner and paid herself excessive compensation.

2. Petitioner also alleges she has concerns with the accounting with many of the expenses made. Petitioner objects to the accounting and requests the court surcharge the trustee for the following expenses: (a) Petitioner alleges that from 9/09 – 5/10, the trustee charged the

estate $100/month for “accountant”. No name of an accountant was provided and only generic receipts for $100/month. Receipts were signed by a person with an indecipherable name. Additionally, petitioner alleges minimal checks were written per month. Petitioner believes the cost is excessive.

(b) Petitioner alleges the trustee shows a disbursement of $2,000 paid to an unnamed “CPA”. Petitioner does not believe that there were services necessary to insure such a large charge for account services.

(c) Petitioner alleges the trustee paid to herself $38,027.85 during the accounting period 2/9-5/10 for various household items, including interest at the rate of 84%, or $2,782.12. Petitioner alleges the trust records provided not a single receipt for the items necessary to purchase. And, the trust on page 4 provides the trustee was responsible for any cost of maintenance, upkeep and property taxes while she lived at the residence. Additionally, petitioner alleges the trustee has not provided any details on the 102 hours of time she purportedly spent to improve salability of the home.

(d) Petitioner alleges that the trustee spent $3,824 on UBHS fees. Petitioner alleges the trustee’s record did not have any invoices for UBHS and she has not responded to requests concerning the nature of these fees. Petitioner does not believe these fees were expended for the benefit of the trust beneficiaries.

(e) Petitioner alleges the balance of expenses appear to be storage fees, moving fees and U-Haul fees. Petitioner states there are no receipts to support the trustee’s contention that these are trust expenses.

3. Petitioner alleges that the trustee’s breach of fiduciary duty and has resulted in damages to the beneficiaries. Petitioner requests the trustee be surcharged for all alleged trust expenses as she failed to keep any legitimate records supporting the claims and has failed to provide any documentation for such expenses.

4. Petitioner requests the court to appoint an independent trustee to serve as trustee of the trust.

5. The Trustee filed her Reply on 10/21/10.

RECOMMENDATION: Set for Evidentiary hearing. (gls/abs/gls)

Superior Court of Calif, County of San Bernardino Page: 5 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000703 CASE NAME: WILLIE CURTIS TUCKER

SEE ALSO 6

HEARING: Petition for LETTERS OF ADMINISTRATION COUNSEL: LORETTA TUCKER (PET)...ROBERT A KRASNEY WILLIE CURTIS TUCKER (DEC)... JUANITA HUNDLEY TUCKER (PET)...MORRIS A. CARR ISAIAH SANDERS (ADM)... GENERAL INFORMATION Continued from 10/21/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration filed by daughter (Loretta Tucker) with full authority under IAEA – Petition #1 Competing petition for letters of administration filed by surviving spouse (Juanita Hundley Tucker) with full authority under IAEA – Petition #2 THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; Petition #1 (daughter):

1. Petitioner requests that decedent’s best friend, Isaiah Sanders, be appointed administrator

2. Petitioner requests bond to be fixed in the amount of $185,000. Appears adequate. JTD

3. Proof of Publication is filed, however, publication states “Isaiah Sanders” is to be appointed, rather than Loretta Tucker. Need to file proper proof of publication.

4. Objections filed by Juanita Tucker, surviving spouse. Petition #2 (surviving spouse)

1. Petitioner requests bond be fixed at $185,000. Appears adequate. JTD

2. Petitioner alleges that while she and decedent lived apart, there was no pending action for separate maintenance, annulment, or dissolution of the marriage. Thus, she has priority under Pr.C. §8462.

3. Notice of petition to administer filed but it was served by mail on 10/12/10, only 9 days prior to hearing and not the required 15 days. Need proper notice or waiver.

4. Proof of Publication is filed, however, publication states “Isaiah Sanders” is to be appointed, rather than Loretta Tucker. Need to file proper proof of publication.

RECOMMENDATION: Need to clear notes. Petitioner #2 has priority as administrator as a matter of law unless there are facts showing cause for why appointment should not be granted (Pr.C. §8500). Once a personal representative is appointed, court to set accounting/status review for 12/29/11. (gls/abs/gls)

Superior Court of Calif, County of San Bernardino Page: 6 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000703 CASE NAME: WILLIE CURTIS TUCKER

SEE ALSO 5

HEARING: Petition for LETTERS OF ADMINISTRATION COUNSEL: LORETTA TUCKER (PET)...ROBERT A KRASNEY WILLIE CURTIS TUCKER (DEC)... JUANITA HUNDLEY TUCKER (PET)...MORRIS A. CARR ISAIAH SANDERS (ADM)... See prior notes (page 5)

Superior Court of Calif, County of San Bernardino Page: 7 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000783 CASE NAME: DOROTHY E HARRIS HEARING: Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. COUNSEL: DEBBIE L ARIAS (PET)...COLIN D RASMUSSEN DOROTHY E HARRIS (DEC)... GENERAL INFORMATION: Special Letters of Administration issued 10/25/10 to specifically deal with the disposition of decedent. THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Petitioner alleges both residual heirs waive bond. Need bond waiver from Ken Harris.

2. Need to file notice of petition to administer estate and proof of service. 3. Need to file proof of publication.

RECOMMENDATION: Need to clear notes. If approved, set hearing on accounting/status review for 2/9/12. Accounting to be filed 30 days in advance. (gls)

Superior Court of Calif, County of San Bernardino Page: 8 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0700273 CASE NAME: ROSITA M VILLARIN HEARING: Hearing re Final Discharge COUNSEL: EUGENE M VILLARIN (PET)...LAW OFFICES OF FORREST F WOLFE ROSITA M VILLARIN (DEC)... GENERAL INFORMATION Continued from 12/3/09, 1/21/10, 3/11/10, 5/6/10, 8/12/10 and 10/7/10 at request of counsel. Counsel states awaiting tax documents. THIS CASE IS SET FOR HEARING ON receipts and final discharge THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-

1. Final Account and distribution were approved on 11/20/08. 2. Receipts are filed. 3. Need Ex-parte Petition/Order for Final Discharge submitted.

RECOMMENDATION: Inquire status. (kra/gls)

Superior Court of Calif, County of San Bernardino Page: 9 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0700359 CASE NAME: RUDOLPH RUBEN MARTINEZ HEARING: Hearing re Final Discharge COUNSEL: ANTHONY MARTINEZ (PET)...SUZANNE M GRAVES RUDOLPH RUBEN MARTINEZ (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON filing receipts and final discharge THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Order for Final Discharge granted 2/23/10. 2. Petitioner is sole heir. Need to submit final discharge declaration/order.

RECOMMENDATION: Find out status. (gls)

Superior Court of Calif, County of San Bernardino Page: 10 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0700455 CASE NAME: MICHAEL P FOGARTY HEARING: Accounting Review COUNSEL: JOSEPH FOGARTY (PET)...AMY YORK GARRETT MICHAEL P FOGARTY (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Prior status report was granted 11/19/09. At that time, petitioner indicated the estate was not in a condition to be closed as the real property had not yet sold and there was an outstanding creditor’s claim that had yet to be paid.

2. Need final accounting or updated status report. RECOMMENDATION: Find out status. (gls)

Superior Court of Calif, County of San Bernardino Page: 11 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0700719 CASE NAME: MTR OF ANN G RANDALL HEARING: Hearing re Final Discharge COUNSEL: WELLS FARGO BANK,NA (PET)...HARTNELL, LISTER & MOORE ANN G RANDALL (DEC)... AMERICAN HEART ASSOCIATION (TP )...TERESITA DAVID B RAFF (PRO/PER )...PRO/PER GENERAL INFORMATION: Continued from 1/7/10, 4/15/10, 7/22/10, 8/26/10, 9/30/10 and 10/21/10, at request of counsel. THIS CASE IS SET FOR HEARING ON filing receipts and final discharge THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Judgment for Final Distribution granted 12/18/08. 2. Some receipts have been filed. However, still need receipts from

Heartie Anne Edwards Look and Diana Edwards Palmer for personal property.

3. Final discharge declaration/proposed order is on left side of file.

RECOMMENDATION: Need to clear note 2. (gls/kra/gls/abs/gls/smj/gls)

Superior Court of Calif, County of San Bernardino Page: 12 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0800419 CASE NAME: MTR OF DOLORES SINGER HEARING: Accounting Review COUNSEL: ARMANDO HERNANDEZ (PET)...ELISABETH KEMPE-OLINGER DOLORES SINGER (DEC)... DEPARTMENT OF HEALTH CARE SERV(TP )... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Prior status report was granted on 11/19/09indicating that additional time was needed to negotiate the claim filed by DHS and for additional time to sell the estate real property.

2. No accounting or further status report is filed. Need same. RECOMMENDATION: Find out status. (gls)

Superior Court of Calif, County of San Bernardino Page: 13 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0801061 CASE NAME: RICHARD S DAMIENCKI HEARING: Hearing re Final Discharge COUNSEL: LINDA MAXWELL (PET)...ELISABETH KEMPE-OLINGER RICHARD S DAMIENCKI (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON filing receipts and final discharge THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Order for Final Distribution granted 11/19/09 2. Receipts are filed. 3. Need to submit final discharge declaration/order.


Superior Court of Calif, County of San Bernardino Page: 14 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900032 CASE NAME: MERLE SHEETS REVOCABLE LIVING TRUST HEARING: Readiness Calendar COUNSEL: BERDEIN MCMILLAN (PET)...ROBERT L KERN MERLE SHEETS REVOCABLE LIVING (TRU)... RICHARD SHEETS (PET)...MITCHELL I ROTH No notes – Readiness

Superior Court of Calif, County of San Bernardino Page: 15 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900187 CASE NAME: CONSUELO PATINO MANCERA HEARING: FIRST AND FINAL Account and Report of JUAN MIGUEL GARCIA PATINO and Petition for allowance of fees filed. COUNSEL: JUAN MIGUEL GARCIA PATINO (PET)...MANNING & MARDER, KASS, ELLROD CONSUELO PATINO MANCERA (DEC)... GENERAL INFORMATION Continued from 10/14/10 at request of counsel/ THIS CASE IS SET FOR HEARING ON First and Final Account and Petition for Final Distribution THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Petitioner has loaned the estate the sum of $4,416.25 for costs of administration. Petitioner tentatively waives his claim to all but $473.40 in order to keep the estate solvent. Costs are itemized.

2. Petitioner waives statutory compensation. 3. Attorney requests statutory fees of $5,050.00. Ok. 4. Attorney requests extraordinary fees of $1,985.00 for services rendered in

connection with the sale of the real property. Billed at $250-$300/hour for attorney time. The sole asset of the estate was real property. The court will generally not consider awarding extra-ordinary fees until the executor and/or counsel establish that all ordinary fees have actually been earned. (In re Walker Estate (1963) 221 Cal. App. 2d 792).

RECOMMENDATION: RFA subject to note 5. If approved, set hearing on the filing of receipts and final discharge for 12/8/11. (gls)

Superior Court of Calif, County of San Bernardino Page: 16 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900301 CASE NAME: RODNEY JOSEPH PICHON HEARING: Accounting Review COUNSEL: VICKI R PICHON (PET)...REIKO J. HICKS RODNEY JOSEPH PICHON (DEC)... GENERAL INFORMATION Continued from 10/18/10 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 6/22/09, $20,000 bond. Note: Minute Order of 6/8/09 requires a bond of $20,000 and bond has been posted. However, the Order For Probate indicates no bond required. Need Order nunc pro tunc per Local Rule 20-615.

2. No inventory & appraisal filed. 3. No accounting or status of administration filed.

RECOMMENDATION: Inquire status. (kra)

Superior Court of Calif, County of San Bernardino Page: 17 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900411 CASE NAME: WILLIAM CHARLES SPINDLER HEARING: PETN FOR FINAL DIST & REPORT OF WAIVER OF Account and Report of JANET SUSAN SPINDLER and Petition for allowance of fees filed. COUNSEL: JANET SUSAN SPINDLER (PET)...MARY JANE MCEWAN WILLIAM CHARLES SPINDLER (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Petition for Final Distribution and Waiver of Account THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Need to file notice of hearing and proof of service, including notice to the trust beneficiaries per Pr.C. §1208.

2. Petitioner, as sole beneficiary and as trustee of the Trust, waives an accounting.

3. Petitioner waives statutory compensation. 4. Attorney requests statutory fees of $3,870.00. However, the attorney has

waived all rights to statutory fees, having agreed at the outset of the probate to charge on an hourly basis so long as fees computed did not exceed the statutory compensation amount (the fees on an estate over $300,000 would have exceeding $9,000). Ok.

RECOMMENDATION: Need notice. If approved, set hearing on filing receipts/final discharge for 12/8/11. (gls)

Superior Court of Calif, County of San Bernardino Page: 18 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900573 CASE NAME: LUCY DEAN LETIZIA HEARING: Accounting Review COUNSEL: TERESA MARIE LETIZIA (PET)...LENITA A SKORETZ SUZANNE LETIZIA KIEL (PET)...LENITA A SKORETZ LUCY DEAN LETIZIA (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Letters of Administration granted 9/24/09 (full authority, no bond) 2. No accounting/status report is filed. Need same.


Superior Court of Calif, County of San Bernardino Page: 19 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900841 CASE NAME: DARLENE JOHNSON HEARING: Waiver of Account and Report of PAUL C JOHNSON and Petition for Allowance of fees filed. COUNSEL: PAUL C JOHNSON (PET)...MIRAU, EDWARDS, CANNON, LEWIN DARLENE JOHNSON (DEC)... RAYMOND F MOATS III (TP )...WELTMAN, WEI NBERG & REIS GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Waiver of Account, Petition for Allowance of Fees and for Final Distribution. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. All heirs waive accounting. 2. Petitioner and attorney requests statutory fees of $49,285.90. Computation of

statutory fees includes gains on sales and losses on sales. Need verified supplement to include schedule of gains and losses per CRC 7.550(b)(6).

3. Attorney requests extraordinary fee of $4,000.00. Generally itemized. Court usually will not consider awarding extraordinary fees until counsel establishes that all ordinary fees have actually been earned. (In re Walker’s Estate (1963) 221 Cal.App.2d 792.) Need proof that all ordinary fees were earned. JTD

4. Attorney’s extraordinary fee request includes services of paralegal. Need verified supplement to include qualifications of paralegal per CRC 7.703(e), which was amended effective 7/1/10.

5. Petitioner states that an estate tax return has been filed with IRS on behalf of decedent and return shows no tax due. An estate tax closing letter has not been received from IRS and time for audit of return has not expired.

6. Petitioner requests authority to withhold $50,000 as a reserve for closing costs and any upward adjustment in value of estate assets resulting from estate tax audit which could result in payment of estate tax. JTD.

7. Petitioner requests authorization to prorate estate taxes in event that IRS audits estate tax return and determines that tax is due. Petitioner proposes to prorate tax in the proportion that the value of the property received by each person bears to the total value of all property received as set forth in Pr.C. §20111. JTD.

8. As no investment statements were provided in support of assets shown in Inventory and Appraisals filed 6/4/10 and 3/30/10, need bank and investment account statements verifying the balance of cash and securities on hand at 11/10/09 per Local Rule 20-908.

9. Need escrow closing statement per Local Rule 20-910. 10. Need FTB tax clearance per R&T §19513. 11. Need notice of hearing.

RECOMMENDATION: Need to clear notes. If approved, need to set hearing re filing receipts and final discharge for 12/8/11. (fhl)

Superior Court of Calif, County of San Bernardino Page: 20 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: RPR RS02383 CASE NAME: THE RAFAEL HERNANDEZ TRUST

SEE ALSO 21

HEARING: FOURTH Account and Report of WELLS FARGO BANK, N.A. and Petition for allowance of fees filed. COUNSEL: WELLS FARGO BANK, N.A. (PET)...FARMER & RIDLEY RAFAEL HERNANDEZ SPECIAL NEEDS(DEC)... OBO MINOR CHILDREN (MIN)...DONNASUE SMITH-ORTIZ RAFAEL HERNANDEZ (MIN)...DONNASUE SMITH-ORTIZ THE RAFAEL HERNANDEZ SPECIAL N(TRU)... LUIS HERNANDEZ (BEN)...ARTHUR GUTIERREZ LONGORIA LETICIA MOLINA (SUSAN FARRIS FOY )...SUSAN FAR GENERAL INFORMATION Continued from 7/29/10. Court denies the request for partial distribution without prejudice. Parties to attend mediation. THIS CASE IS SET FOR HEARING ON Fourth Account Current and Petition for Allowance of Fees and for authority to make Partial Distributions THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Accounting covers period: 1/1/09 – 1/31/10 2. Assets on hand: $3,588,773.50 (cash of $750,647.71, real property with a

carry value of $789,787.01 and the balance in carry value of securities) 3. The beneficiary, Rafael Hernandez, died on 12/29/09. He was 17 years of

age. Petitioner desires to defer the final accounting until the Medi-Cal claim is resolved (see note 6). Additionally, shouldn’t the accounting end at the date of death (12/29/09) to establish the date of death value? File verified supplement/amended accounting.

4. Petitioner requests fees as trustee in the amount of $42,047.00 based upon the fee schedule of 1.35% on the first $2m, 1% of the next $1m and .80% of the next $3m (annually). JTD

5. Attorney requests fees of $18,405.00. Attorney alleges a Declaration of William L. Winslow is attached at Exhibit 9. However, Exhibit 9 is the appraisal of the residence. Need itemization for requested attorney’s fees.

6. Petitioner alleges that from the inception of the Trust, it was not operated in the conventional way most special needs trusts are administered because the trustee made regular distributions for the minor’s support and maintenance. However, it remained a first-party Special Needs Trust with a Medi-Cal reimbursement provision in it. Petitioner further alleges that it believes that the medical/care needs were provided solely by Kaiser Permanente or through payments by the Trust. However, Dept. of Health Services has filed a claim for reimbursement in the amount of $30,309.25. Supp: Petitioner is inquiring into the claim.

7. On disbursements, there are various payments of income taxes for the years 2004-2008 all paid in the year 2009. Question why the late payment of taxes and whether any penalties were assessed. If penalties were assessed, question whether petitioner/trustee should be liable for such penalties. Court may wish to require copies of such income tax returns.

8. Petitioner seeks authority to make partial distributions to the beneficiary’s parents, Leticia Molina and Luis Hernandez as follows (Note: This request was denied by the court on 7/29/10 without prejudice) (a) To Leticia Molina the sum of $1,100,000 less payments authorized to

be made totaling $21,000 for net distribution of $1,079,000 which shall include title to the residence valued at $600,000, title to any trust vehicle valued at $16,215 and cash and negotiable securities up to $1,100,000.

(b) To Luis Hernandez the sum of $1,100,000 to include cash and negotiable securities up to $1,100,000.

(c) Question how much cash will be retained to cover the DHS claim dispute and any tax preparation costs and tax liabilities? File verified supplement.

(d) Question whether proposed partial distribution is from the carry value of the assets or market value of the assets? File verified supplement.

9. Petitioner alleges that the U.S. Estate Tax Return (form 706) will be filed 9 months from the date of death of beneficiary. The beneficiary died on 12/29/09 and nine months would equate to 9/29/09.

10. Need copies of investment statements to verify the balance of property on hand.

11. Objections filed each by Luis Hernandez (one of two beneficiaries of the Special Needs Trust) and by Leticia Molina

RECOMMENDATION: Need to clear notes and set for contested hearing. (gls)

FUTURE HEARINGS 11/12/10 Instructions to Trustee for Partial Distribution 12/8/10 TRIAL 12/8/10 4

TH ACCOUNT

4/7/11 ACCOUNTING REVIEW

Superior Court of Calif, County of San Bernardino Page: 21 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: RPR RS02383 CASE NAME: THE RAFAEL HERNANDEZ TRUST

SEE ALSO 20

HEARING: Readiness Calendar COUNSEL: WELLS FARGO BANK, N.A. (PET)...FARMER & RIDLEY RAFAEL HERNANDEZ SPECIAL NEEDS(DEC)... OBO MINOR CHILDREN (MIN)...DONNASUE SMITH-ORTIZ RAFAEL HERNANDEZ (MIN)...DONNASUE SMITH-ORTIZ THE RAFAEL HERNANDEZ SPECIAL N(TRU)... LUIS HERNANDEZ (BEN)...ARTHUR GUTIERREZ LONGORIA LETICIA MOLINA (SUSAN FARRIS FOY )...SUSAN FAR No notes – Readiness. FUTURE HEARINGS 12/8/10 TRIAL 12/8/10 4

TH ACCOUNT

4/7/11 ACCOUNTING REVIEW

Superior Court of Calif, County of San Bernardino Page: 21A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: RPR RS03037 CASE NAME: THE HORNBACK FAMILY TRUST HEARING: Hearing Re: STATUS OF SETTLEMENT COUNSEL: VONDA COURTNEY (PET)...MARTIN E KELLER BRENDA PRAINITO (PET)...MARTIN E KELLER JOY ANN GARBO (RES)...LAW OFFICES OF KRING & CHUNG GENERAL INFORMATION Continued from 10/28/10. THIS CASE IS SET FOR HEARING ON Status of Settlement THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. At hearing on 9/16/10, counsel advised that a settlement had been reached and this review date was set.

2. No settlement/stipulation has been filed. Need same. RECOMMENDATION: Find out status. (gls)

Superior Court of Calif, County of San Bernardino Page: 21B CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: RPR RS02655 CASE NAME: ALFRED E GALLADE HEARING: FIRST AND FINAL Account and Report of SONIA GALLADE and Petition for allowance of fees filed. COUNSEL: SONIA GALLADE (PET)...BANKS AND STRATHMAN ALFRED E GALLADE (DEC)... PAMELA J GALLADE (OBJ)...HERSHORIN & HENRY GALLADE CHEMICAL, INC. (CATES PETERSON, LLP )...CATES PET No file available for review.

Superior Court of Calif, County of San Bernardino Page: 22 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: SPR SS06342 CASE NAME: MTR OF CHARLES L & EILEEN L EBERT FAMILY TRUST HEARING: OSC re: Proof of Bond filed by CHRISTIE DAVIDSON COUNSEL: MELODIE Z SCOTT (PET)...HORSPOOL & PARKER CHARLES L & EILEEN L. EBERT FA(TRU)... DEREK BYERLY (PET)...ALBREKTSON L AW OFFICES CHRISTIE DAVIDSON (KARIN E HORSPOOL )...KARIN E H GENERAL INFORMATION Continued from 10/21/10 at request of counsel. THIS CASE IS SET FOR HEARING ON OSC re: posting bond. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. On 9/28/10 Court accepted trustee’s resignation and appointed successor trustee. $288,000 bond required. This matter was set at that hearing. Note: Order entered 9/28/10 indicates no bond required. Court may wish to revisit the 9/28/10 order (tabbed).

2. Need bond for Derek Byerly. RECOMMENDATION Court’s discretion. (smj/fhl) FUTURE HEARINGS 12/09/10 ACCOUNTING REVIEW 5/19/11 FINAL DISCHARGE

Superior Court of Calif, County of San Bernardino Page: 23 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: SPR SS06933 CASE NAME: EST OF ELIZABETH DELORES LOWE HEARING: Accounting Review COUNSEL: RICHARD LOWE (PET)...ROBERT A KRASNEY ELIZABETH DELORES LOWE (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Accounting Review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Administrator appointed 3/30/06, no bond required. 2. Informal status report granted 11/19/09. 3. No accounting or further status report is filed.

RECOMMENDATION: Find out status. (fhl)


HONORABLE: J MICHAEL WELCH CONSERVATORSHIPS ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON DS1000027 CASE NAME: KATHERINE LYNN GLAUBIG HEARING: Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of PAULA GLAUBIG COUNSEL: PAULA GLAUBIG (CP )...PRO/PER KATHERINE LYNN GLAUBIG (CTP)...LENITA A SKORETZ ROBERT A GLAUBIG (CP )... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Compliance Review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Need proof of service of a copy of the Order for Conservatorship with Notification of Conservatee’s rights per Pr.C.§1830(c).

2. As conservatee is developmentally disabled and receiving benefits from the IRC, per 5/6/10 Minute Order Court waived requirement of a Statement of Care Plan in accord with Pr.C.§2352.5.

3. As this is a Limited Conservatorship a 6 month Court Investigator review will not be filed.


Superior Court of Calif, County of San Bernardino Page: 25 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON DS1000075 CASE NAME: KENNETH WAYNE NEWTON HEARING: Accounting Review COUNSEL: KATHRYN NEWTON (CPE)...PRO/PER DEBORAH COOKSEY (CPE)...PRO/PER GLORIA ROMAN (CEP)...GEORGE F DICKERMAN PUBLIC GUARDIAN (CEP)...RALPH K HEKMAN DONALD NEWTON (CPE)...PRO/PER DAVID BRIAN NEWTON (CPE)...CHRISTOPHER A POULOS LYNDA ROYSTER (CPE)...HARRY J HISTEN BONZA-RHEE MURRAY (CPE)...PRO/PER CLAUDETTE SMITH (CPE)...PRO/PER JULY CURD (CPE)...EDWARD B FISCHEL & ASSOCIATES WOODROW NEWTON (PET)...MILES & HATCHER PEGGY WALLACE-NEWTON (PET)...MILES & HATCHER KENNETH WAYNE NEWTON (CEE)...SWAN CARPENTER WALLIS & MCKEN AMERICAN CONTRACTORS INDEMNITY(CRAIG P BRONSTEIN )...CRAIG P B BOND SERVICES OF CALIFORNIA (PRO/PER )...PRO/PER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Case was transferred from Riverside County on 1/21/10. 2. At 7/1/10 compliance review hearing, the court recognized that an accounting

had not been filed since accounting period ending 2/28/09 and this accounting review was set.

3. Need next accounting. RECOMMENDATION: Court’s discretion. (abs/fhl)

Superior Court of Calif, County of San Bernardino Page: 26 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON DS1000130 CASE NAME: FRANK GEORGE KAVATHAN HEARING: Petition for Appointment of Conservator COUNSEL: TAMMY KAVATHAN (CPE)...EDWARD B FISCHEL FRANK GEORGE KAVATHAN (CEP)... GENERAL INFORMATION Petition for appointment continued from 7/1/10 as conservatee died 6/23/10.Temporary Conservator to file an accounting. Nothing new filed. Continued from 9/27/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for conservatorship, person and estate (matter should be set as an accounting review) THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Temporary conservatorship of person and estate was granted on 5/27/10, $20,000 bond.

2. Conservatee passed away on 6/23/10 and Court ordered an accounting of the Temporary Conservatorship.

RECOMMENDATION Inquire status of accounting. (kra/fhl)

Superior Court of Calif, County of San Bernardino Page: 27 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON DS1000153 CASE NAME: IRENE M KNIGHT HEARING: Accounting Review COUNSEL: TERRY MCCORMACK (CPE)...EDWARD B FISCHEL & ASSOCIATES IRENE M KNIGHT (CEP)...JACK B OSBORN GENERAL INFORMATION Petition for appointment taken off calendar 9/30/10 as conservatee died. Temporary Conservator to file an accounting. Nothing new filed. THIS CASE IS SET FOR HEARING ON Accounting Review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

3. Temporary conservatorship of person and estate was granted on 6/17/10, $20,000 bond.

4. Conservatee passed away and Court ordered an accounting of the Temporary Conservatorship.

RECOMMENDATION Inquire status of accounting. (fhl)

Superior Court of Calif, County of San Bernardino Page: 28 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON DS1000167 CASE NAME: RICHARD MCGRAIL HEARING: Petition for ATTY FEES & FOR ORDER TERMINATING APPOINTMENT AS COUNSEL & REQUIRING NO FURTHER SERVICES COUNSEL: PUBLIC GUARDIAN (CPE)...COUNTY COUNSEL RICHARD MCGRAIL (CEP)...DUANE P BOOTH GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON second request for attorney fees and cost. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is the court appointed attorney for the Conservatee. Petitioner requests $1,787.50 in fees for 6.5 hours billed at $275/hour. Itemized. JTD.

2. Petitioner requests that his appointment as counsel for conservatee be terminated. JTD.

3. Need notice of hearing. RECOMMENDATION: Need notice; then Court’s discretion. (fhl) FUTURE HEARINGS 3/14/11 COMPLIANCE 10/17/11 ACCOUNTING REVIEW

Superior Court of Calif, County of San Bernardino Page: 29 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON DS1000299 CASE NAME: JOSUE NOE HERNANDEZ BALDERAS HEARING: Petition for Appointment of Conservator COUNSEL: ORALIA HERNANDEZ (CP )...PRO/PER MARTIN HERNANDEZ (CP )...PRO/PER JOSUE NOE HERNANDEZ BALDERAS (CTP)... GENERAL INFORMATION: Continued from 10/1/09. Attorney Mitchell I. Roth appointed as counsel for conservatee. THIS CASE IS SET FOR HEARING ON Petition for Appointment of Limited Conservator, person only, by mother and father. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Petitioner requests medical powers. Need to file Medical Capacity Declaration. 2. Petitioner alleges proposed conservatee is developmentally disabled. Need

appointment of counsel and report of counsel. 3. Petitioner alleges proposed conservatee will attend the hearing. 4. Need to file notice of hearing and proof of service. 5. Need Inland Regional Center’s report. 6. Need Court Investigator’s report. 7. Need certificate of completion of conservator orientation class.

RECOMMENDATION: Need appointment of counsel and need to clear notes. (fhl)

Superior Court of Calif, County of San Bernardino Page: 30 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0700027 CASE NAME: CORRINE ELLEN HANSON HEARING: Accounting Review COUNSEL: GRACE R PRIDE (CPE)...HARTNELL LISTER & MOORE CORRINE ELLEN HANSON (CEP)...MARK S MAHONEY GENERAL INFORMATION Continued from 1/4/10, 6/24/10, 7/29/10, 9/30/10. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-

1. On 10/15/09 Court approved the 1st account; 2nd accounting now due covering the period 4/13/08 – 4/12/10.

2. No accounting filed. RECOMMENDATION: When an accounting is not filed as required, the court shall take action as specified in Pr.C. § 2620.2. (kra/gls/fhl)

Superior Court of Calif, County of San Bernardino Page: 31 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0700081 CASE NAME: ALEXANDRA ENTRIKIN HEARING: Hearing Re: Approval of Paralegal Fees COUNSEL: JACQUELINE CANDELARIA (CPE)...EDWARD B FISCHEL ALEXANDRA ENTRIKIN (CEP)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Approval of Paralegal Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. On 10/4/10, Court approved 2nd Account Current as is minus the approval of paralegal fees and set this hearing re approval of the paralegal fees. Attorney has now submitted a declaration in support of paralegal fees which includes qualifications per CRC 7.754 and 7.703(e). Attorney requests approval of the remaining $655.00 as requested in the 2nd Account Current.

RECOMMENDATION: Court’s discretion. (fhl)

FUTURE HEARINGS 8/06/12 ACCOUNTING REVIEW

Superior Court of Calif, County of San Bernardino Page: 32 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0700237 CASE NAME: HERMINIA LOPEZ HEARING: SECOND Account and Report of CELIA B ALVAREZ and Petition for allowance of fees filed. COUNSEL: CELIA B ALVAREZ (CPE)...SUZANNE F. GOULDING HERMINIA LOPEZ (CEP)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Second Account Current and Petition for Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Accounting covers period 12/23/08 – 12/22/09. 2. Assets on hand: $35.13 (cash). 3. Minute order of 12/18/07 indicates a conservator was appointed and a $20,000

bond was required. Review of file indicates bond posted and Letters were issued 6/26/08. However, no order appointing conservator has been filed. Need Order Appointing Conservator.

4. On 3/29/10 Court approved the 1st account. Need Order approving 1st account. 5. Petitioner waives compensation but requests that she be allowed to withdraw $500

to $504 per month from conservatee’s account as a contribution toward rent. JTD. 6. Attorney requests fees in amount of $1,318.41. No itemization of fees provided.

Need itemization supporting request for fees. 7. Notice of hearing filed. However, hearing date on notice is shown as 11/22/10.

Need proper notice showing correct hearing date. RECOMMENDATION: Need to clear notes. If approved, Court may wish to set the next hearing re Accounting Review to cover period 12/23/09 – 12/22/11 for 2/12/12 or an annual Accounting Review to cover period 12-23-09 – 12-22-10 for 2/17/11 per Pr.C.§2620(a). Any accounting to be filed 30 days in advance. (fhl)

Superior Court of Calif, County of San Bernardino Page: 33 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0800266 CASE NAME: KYLE AVERY TILTON

SEE ALSO 34

HEARING: Petition for REMOVAL OF CONSERVATOR & APPOINTMENT OF SUCCESSOR CONSERVATOR COUNSEL: JUDY TILTON (PET)...HORSPOOL & PARKER KYLE AVERY TILTON (CTE)...PRO/PER KENNETH F JENKINS (CE )...PRO/PER GENERAL INFORMATION Continued from 7/13/10, 10/21/10. THIS CASE IS SET FOR HEARING ON Petition for removal of conservator. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Conservatorship of estate was established on 12/1/08. 2. Conservatee petitions for removal of conservator (his paternal grandmother) on

the basis of alleged financial improprieties and breakdown in relationships. 3. Opposition filed by conservator. 4. A petition for successor conservatorship has also been filed (see next

page). RECOMMENDATION Set for contested hearing. (abs/gls/fhl)


Superior Court of Calif, County of San Bernardino Page: 34 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0800266 CASE NAME: KYLE AVERY TILTON SEE ALSO 33 HEARING: Petition for APPOINTMENT OF SUCCESSOR CONSERVATOR OF THE ESTATE COUNSEL: JUDY TILTON (PET)...HORSPOOL & PARKER KYLE AVERY TILTON (CTE)...PRO/PER KENNETH F JENKINS (CE )...PRO/PER GENERAL INFORMATION Continued from 7/13/10. Parties to attend mediation. Continued from 10/21/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for successor conservatorship of estate only, by conservatee for appointment of PPF Kenneth Jenkins. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. This petition accompanies a petition for removal of the current conservator of estate and is reached only if removal is granted.

2. Petitioner requests $20,000 bond based upon estimated estate value of same. Bond would be $22,000 including cost of recovery. JTD.

3. Court Investigator report filed 6/14/10.. 4. Opposition filed by conservator.

RECOMMENDATION Need to resolve petition for removal of original conservator before reaching this petition, then need to clear notes and set for contested hearing. (/gls/fhl)


Superior Court of Calif, County of San Bernardino Page: 35 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0900197 CASE NAME: JOHANA LISETH SANCHEZ HEARING: Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of NOEMI VILLALOBOS COUNSEL: NOEMI VILLALOBOS (CP )...PRO/PER JENNY CARDENAS (CP )...PRO/PER JOHANA LISETH SANCHEZ (CTP)...NOREEN FONTAINE GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Compliance Review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Conservatee’s mother and sister appointed co-conservators 4/26/10, person only, no bond.


3. As IRC is not conservator, need Care Plan per Pr.C. §2352.5(e)(1). 4. No 6 month Court Investigator report required as this is a limited conservatorship.


Superior Court of Calif, County of San Bernardino Page: 36 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: SC SS00090 CASE NAME: IN THE MATTER OF CRAIG ANDREW ROBERTS HEARING: Accounting Review COUNSEL: CRAIG ANDREW ROBERTS (CEP)... JENNIFER WENGER (CPE)...JEFFREY T. VANDERVEEN LAWRENCE A DEAN II (SC )...KARIN HORSPOOL CRAIG A ROBERTS (CTP)... MELODIE Z SCOTT (TP )...PRO/PER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Fourth Account Current due for the period: 10/1/09 – 9/30/10. No accounting is filed. Need same.


Superior Court of Calif, County of San Bernardino Page: 37 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: SC SS01257 CASE NAME: IN THE MATTER OF TOM WHITE HEARING: FIRST Account and Report of VERLENE CAMERON and Petition for Allowance of fees filed. COUNSEL: TOM WHITE (CTE)... JOHN D MICKUS (CE )...JOHN D MICKUS VERLENE CAMERON (CE )...JOHN D MICKUS GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON First Account Current and Petition for Allowance of Fees filed by Verlene Cameron, successor conservator and a private professional fiduciary THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Accounting covers period: 7/2/09 – 7/31/10 2. Assets on hand: $67,185.11 (cash of $25,185.11 and the balance in carry

value of real property) 3. Need to file notice of hearing and proof of service. 4. Petitioner requests fees of $3,750.00. Billed at $125/hour for 30 hours.

Itemized. JTD 5. Attorney requests fees of $3,180.00. Billed at $300/hour for attorney time.

Itemized. JTD 6. Petitioner’s current bond is fixed at $66,000 which is insufficient. Petitioner

requests the bond be increased to $78,000 (an increase of $12,000). Appears adequate. Petitioner also states that it is in the estate’s interest to exonerate the existing bond and file one new bond for $78,000. JTD

RECOMMENDATION: Need notice. Court’s discretion re fees requested and bond. If approved, set hearing on next accounting review for 12/6/12. Accounting to be filed 30 days in advance. (gls)

Superior Court of Calif, County of San Bernardino Page: 38 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: SC SS02837 CASE NAME: MTR OF CONCEPCION S AGUILAR HEARING: SECOND Account and Report of NORBERTO AGUILAR and Petition for allowance of fees filed. COUNSEL: NORBERTO AGUILAR (CP )...PRO/PER CONCEPCION S AGUILAR (CTP)...DONNA STURGILL DIAZ GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Second Account Current. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Account covers period: 4/1/09 – 6/30/10. 2. Assets on hand: $310,046.55 ($1,011.01 cash, remainder in personal and real

property. 3. The accounting provided indicates “Second Account”. However, this is actually the

third account. 4. Petitioner does not request compensation. 5. The report does not indicate the conservatee’s address. Per Local Rule 20-1406(a)

the report must list conservatee’s address during accounting period. Need verified supplement.

6. Bank statements provided are copies. Need original bank statements per Pr.C. §2620(c)(3).

7. Schedule F indicates that Conservator is paying on a promissory note. Question what promissory note is being paid by conservator. Need verified supplement.

8. Need notice of hearing and proof of service. 9. Court Investigator report filed 8/6/10.

RECOMMENDATION: Need to clear notes. If approved, Court may wish to set the next hearing re Accounting Review to cover period 7/1/10 – 6/30/12 for 8/23/12. Any accounting to be filed 30 days in advance. (fhl)

Superior Court of Calif, County of San Bernardino Page: 39 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: VC VS00535 CASE NAME: MATTER OF ETHEL LINCOLN BOOKER

SEE ALSO 40 41

HEARING: Hearing Re: Appointment of Successor Conservator (general) COUNSEL: STACY LEATRICE BOOKER (PET)...HORSPOOL & PARKER ETHEL LINCOLN BOOKER (CPE)...DONNASUE SMITH-ORTIZ GENERAL INFORMATION: Continued from 3/1/10, 5/3/10, 7/12/10, 10/21/10. On 10/21/10, Court ordered Stacy Booker to appear by court call. THIS CASE IS SET FOR HEARING ON Status on appointment of successor conservator THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. At 2/1/10 hearing on possible appoint of PG, PG was appointed as temporary successor conservator and this hearing was set re possible appointment as general conservator.

2. No petition for removal of current conservator or petition for appointment of PG as successor is on file.

3. Need final account from prior conservator to cover period 8/14/07 – 2/1/10. RECOMMENDATION: Re appointment of Successor Conservator: None. Re accounting: Court may wish to set Accounting Review hearing for 1/6/11. (abs/kra/fhl)


SEE ALSO 39 41

HEARING: Hearing Re: STATUS ON TRANSFER TO LOS ANGELES COUNTY COUNSEL: STACY LEATRICE BOOKER (PET)...HORSPOOL & PARKER ETHEL LINCOLN BOOKER (CPE)...DONNASUE SMITH-ORTIZ GENERAL INFORMATION: On 1/25/10 hearing re transfer to LA County, Court determined not to transfer this matter to LA County at that time. Continued from 10/21/10. THIS CASE IS SET FOR HEARING ON Status of Transfer to Los Angeles County THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-

1. On 3/1/10 at hearing re Removal of conservator, matter was set for Status and continued to 5/3/10 as parties had conferred off record and Stacy Brooker was ordered to appear unless she cooperates with her attorney, Karin Horspool. Subsequently on 5/3/10, this status re transfer was set.

2. Conservatee is currently living in San Dimas, CA. RECOMMENDATION: None. (kra/fhl)


SEE ALSO 39 40

HEARING: Motion Re: NOTICE AND MOTION TO BE RELIEVED AS ATTORNEY OF RECORD FILED BY HORSPOOL & PARKER Filed by Petitioner STACY LEATRICE BOOKER COUNSEL: STACY LEATRICE BOOKER (PET)...HORSPOOL & PARKER ETHEL LINCOLN BOOKER (CPE)...DONNASUE SMITH-ORTIZ GENERAL INFORMATION Continued from 5/3/10, 7/12/10, 10/21/10 at request of counsel. On 7/12/10, Court ordered Stacy Booker to be present at the next hearing. THIS CASE IS SET FOR HEARING ON motion to be relieve as counsel THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner, Karin Horspool, is the attorney for the conservator, Stacy Booker. Petitioner alleges there is a break-down in the attorney-client relationship and petitioner is no longer able to represent Ms. Booker. Petitioner therefore requests to be relieved as attorney of record.

2. This petition was filed on 2/11/10. However, on 3/1/10 parties conferred off record. The Court ordered Stacy Brooker to appear unless she cooperates with her attorney, Karin Horspool. Court may wish to inquire if Ms. Booker has been cooperating.

3. Notice of Hearing with proof of service filed. However, notice does not include Joseph Lincoln. Need proper notice.

RECOMMENDATION: Need to clear Note 3; then Court’s discretion. (kra/fhl)


HONORABLE: CYNTHIA LUDVIGSEN PROBATE

---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000044 CASE NAME: THE CHARLES J HONIG TRUST HEARING: Petition for FOR DETERMINATION OF PROBATION OF ESTATE TAX COUNSEL: DIANA MARIE HERING (PET)...BEST BEST & KRIEGER THE CHARLES J HONIG TRUST DATE(TRU)... JOY HADLEY (OBJ)...RICHARD T MILLER CHRISTOPHER L BURLING (FULLERTON LEMANN SCHAEFFER & D)...FULL JACQUELINE MCCRAY (FULLERTON LEMANN SHAEFFER&D)...FULLER GENERAL INFORMATION: Continued from 03-16-10 at request of counsel to clear notes. Continued from 05-04-10, 6/22/10 to trail Demurrer. Continued from 7/28/10. Continued from 9/2/10. Counsel orally stipulated and requested that issue of enforcement be continued. Court continued hearing for determination whether parties will submit on stipulated facts or require a contested hearing. THIS CASE IS SET FOR HEARING ON Petition for Determination for Proration of Estate Tax. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is the Successor Trustee of the Trust and sister to Settlor of the Trust, who died 02-26-05. Petitioner maintains she caused the federal estate tax return to be prepared and filed in a timely fashion. Petitioner alleges that the Trust is silent as to who bears the federal estate tax and under California law, each beneficiary of the Trust or recipient of assets from the decedent bears his or her pro rata share of the estate tax burden. Article II (2) – (tabbed) specifies that “. . . the Trustee shall pay death and income taxes attributable to the trust by reason of the death of Settlor from the trust in accordance with the applicable provision of State law.”

2. Petitioner maintains she has paid her portion of the federal estate tax and that the other beneficiaries have not. Petitioner further alleges that the IRS has seized $194,723.79 from Petitioner as they contend that she, as the Executor of decedent’s estate, is liable for all of the estate taxes (subject to reimbursement

collection from the other beneficiaries at her own expense). In addition, petitioner asserts that the IRS has issued a Notice of Levy to force the sale of real estate owned all or in part by Petitioner to satisfy the balance of the estate tax. On 07/27/06, the then accountant for the Petitioner noticed Joy Hadley and Rosalyn Burling of their tax liability. The latest communication from the IRS shows the estate tax owing, including interest and penalties of $339,683.86. Petitioner contends that the equitable apportionment of the federal estate tax (currently paid or to be reimbursed) among all the persons who have received distributions from the decedent would be as follows:

a. Diana M. Hering (petitioner/trustee) $ 534,515; b. Joy Hadley $ 275,755; c. Rosalyn Burling $ 258,653.

3. Petitioner maintains that efforts to persuade the IRS to bill and collect directly from Joy Hadley and Rosalyn Burling have been fruitless and nonetheless, the IRS is charging Petitioner with the entire tax burden and has already seized certain assets of hers to pay the deficiency.

4. Petitioner prays for this Court to: a. Apportion estate taxes, interest and penalties among the persons liable

based on their receipt of assets from decedent; b. Direct Joy Hadley, Estate of Rosalyn Burling, Jackie McCray and

Christopher Burling to make payments of the prorated amounts to Petitioner; and

c. Authorize Petitioner to enforce this Order against any of the beneficiaries who fail to so pay.

d. Question the state court’s ability to issue an order specifying and/or apportioning Federal IRS liabilities? Need supplemental P & As.

5. Demurrer also before court. On 7/28/10, Court overruled the demurrer and directed Counsel to file verified and specific objections within 20 days and meet and confer 10 days thereafter to determine if they can stipulate to facts.

6. Objection filed by Christopher L. Burling and Jacqueline McCray on 8/17/10. 7. Supplement to Petition filed on 8/25/10. 8. On 9/2/10, counsel orally stipulated that Court may grant order allocating

taxes in amount of $152,932. Attorney Carpenter to submit proposed Order to Attorney Dominick for his approval as to form and content. Need Order.

RECOMMENDATION: Find out status of stipulation or set for contested hearing. (vet/abs/vet/abs/vet/gls/fhl/smj/fhl)

Superior Court of Calif, County of San Bernardino Page: 2 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000110 CASE NAME: MORRIS BAXTER HEARING: WAIVER of Account and Report of E. RUTH BAXTER and Petition for Allowance of fees filed. COUNSEL: E. RUTH BAXTER (PET)...MATTHEW W GOLDSBY MORRIS BAXTER (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Waiver of Account and Petition for Allowance of Fees and for Final Distribution. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Petitioner is sole heir of decedent’s estate and waives accounting. Only other heir of decedent has assigned interest in estate to petitioner.

2. Petitioner waives statutory commission. 3. Attorney requests statutory fee of $5,696.02. Calculated. OK. 4. Petitioner states creditor claims have been paid. Need release of creditor claim

from Clinton T. Irving. 5. On 10/25/10, petitioner filed rejection (in part) of creditor claim of SmileCare Dental

Group. Per Pr.C. §9353(a), creditor may commence an action on the claim 90 days after notice of rejection is given. However, unable to determine when notice of rejection was given to SmileCare Dental Group as proof of service is incomplete. Need corrected proof of service in order to determine time creditor may act on its claim. Court may wish to continue hearing to a date subsequent to date SmileCare Dental Group may act on its claim once that date has been determined. Alternatively, need release of claim by SmileCare Dental Group. JTD.

RECOMMENDATION: Need to clear Note 5. (fhl)

Superior Court of Calif, County of San Bernardino Page: 3 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000322 CASE NAME: HAROLD KENDALL LIVING TRUST

SEE ALSO 4

HEARING: Readiness Calendar COUNSEL: LYNN CASWELL (PET)...MOSES S HALL THE HAROLD KENDALL REAL PROPER(TRU)... DONALD J KENDALL (PET)...CALDWELL, KENNEDY & PORTER, A. THE HAROLD KENDALL LIVING TRUS(TRU)... DONALD J KENDALL (OBJ)...CALDWELL, KENNEDY & PORTER, A. No notes – Readiness. FUTURE HEARING 12/06/10 TRIAL

Superior Court of Calif, County of San Bernardino Page: 4 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000322 CASE NAME: HAROLD KENDALL LIVING TRUST

SEE ALSO 3

HEARING: Readiness Calendar COUNSEL: LYNN CASWELL (PET)...MOSES S HALL THE HAROLD KENDALL REAL PROPER(TRU)... DONALD J KENDALL (PET)...CALDWELL, KENNEDY & PORTER, A. THE HAROLD KENDALL LIVING TRUS(TRU)... DONALD J KENDALL (OBJ)...CALDWELL, KENNEDY & PORTER, A. No notes – Readiness. FUTURE HEARING 12/06/10 TRIAL

Superior Court of Calif, County of San Bernardino Page: 4A CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000588 CASE NAME: JAMES WILLIAMS

SEE ALSO 4B HEARING: Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. COUNSEL: JAMES WILLIAMS III (PET)...PRO/PER JAMES WILLIAMS (DEC)... COMPANION CASE PRO 1000589 GENERAL INFORMATION Continued from 9/16/10. Court suggests petitioner talk to an attorney due to expense of publishing in this case and related case when proceeding in this matter may not be necessary. Continued from 10/28/10. No appearance. THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA filed by son THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Petitioner requests bond be fixed at $20,000. Estimated value of estate is real property of $167,298.00. JTD

2. Need to file proof of publication. 3. Decedent’s surviving spouse’s estate is also before the court. Question if the real

property, the sole asset, was vested as joint tenancy? File verified supplement with a copy of the deed. If the property was jointly held, then this estate would not be probated but rather the joint tenancy terminated.

RECOMMENDATION: Need to clear notes 2-3. Court’s discretion re bond. If approved, set hearing on accounting/status review for 2/9/12. Accounting to be filed 30 days in advance. (gls/fhl)

Superior Court of Calif, County of San Bernardino Page: 4B CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000589 CASE NAME: DONNA WHITE (WILLIAMS)

SEE ALSO 4A HEARING: Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. COUNSEL: JAMES WILLIAMS III (PET)...PRO/PER DONNA WHITE (WILLIAMS) (DEC)... COMPANION CASE PRO1000588 GENERAL INFORMATION Continued from 9/16/10. Court suggests petitioner talk to an attorney due to expense of publishing in this case and related case when proceeding in this matter may not be necessary. Continued from 10/28/10. No appearance. THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA filed by son THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Petitioner requests bond be fixed at $20,000. Estimated value of estate is real property of $167,298.00. JTD

2. Need to file proof of publication. 3. Decedent’s predeceased spouse’s estate is also before the Court. Question if

the real property was vested as joint tenancy? File verified supplement with a copy of the deed. If the property was jointly held, then the predeceased spouse’s estate would not be probated but rather the joint tenancy terminated.

RECOMMENDATION: Need to clear notes 2-3. Court’s discretion re bond. If approved, set hearing on accounting/status review for 2/9/12. Accounting to be filed 30 days in advance. (gls/fhl)

Superior Court of Calif, County of San Bernardino Page: 5 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000784 CASE NAME: DONALD D DOTY HEARING: SPOUSAL Property Petition hearing. COUNSEL: JUDITH Y DOTY (PET)...COLIN D RASMUSSEN DONALD D DOTY (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Spousal Property Petition. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Decedent died 5/14/10 and is survived by a spouse and 4 children. 2. Petitioner requests determination of decedent’s real property passing to the

surviving spouse without administration as sole beneficiary in accordance with decedent’s will.

3. Petitioner requests all rights arising under a contract for sale of decedent’s medical practice, particularly all rights that may arise under civil action (CIV DS1001447) be determined as property passing to her. JTD.

4. Richard Stanley Doty, mentioned in decedent’s Will, is not included on Attachment 9 to petition. Need verified supplement.

5. Need notice of hearing and proof of service. RECOMMENDATION: Need to clear notes. (fhl)

Superior Court of Calif, County of San Bernardino Page: 6 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000794 CASE NAME: SYLVIA IRIS PATTERSON HEARING: Hearing re: Petition for Letters of Administration w/WA W/Full Authority under IAEA. COUNSEL: MARK L. PATTERSON (PET)...WILLIAM C. PULTZ SYLVIA IRIS PATTERSON (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Petition for Letters of Administration w/WA w/Full Authority under IAEA, by son. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Petitioner is sole beneficiary of decedent’s holographic will and requests that bond be waived.

2. Proof of holographic instrument filed. 3. Will contains a provision stating that “Mark will become Trustee for all items listed in

the McDowell Family Trust (see Trust)”. 4. Need notice of petition to administer estate. 5. Need proof of publication.

RECOMMENDATION: Need to clear notes. . If approved, set future hearing for Accounting/Status Review on 2/9/12. Any accounting to be filed 30 days in advance. Note requirements of local rule 20-908. (fhl)

Superior Court of Calif, County of San Bernardino Page: 7 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0900508 CASE NAME: THE 2002 MARCY L. KMIECIAK REVOCABLE TRUST HEARING: Readiness Calendar COUNSEL: ELIZABETH DAVIS (PET)...DAVID A ESQUIBIAS THE 2002 MARCY L. KMIECIAK REV(TRU)... NANCY BURTON (PET)...DAVID P. HUTCHENS NANCY LYNN BURTON (TEE)... IMOGENE KMIECIAK (JENNISON & DOODS )...JENNISON No notes – Readiness.

Superior Court of Calif, County of San Bernardino Page: 7A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0900686 CASE NAME: MTR OF RUBY C SLONEKER HEARING: Hearing re: Petition for Letters of Admin. W/ Limited Authority under IAEA COUNSEL: MELIDIE Z SCOTT (PET)... RUBY SLONEKER (DEC)... KENNETH MARK CALBO (PET)... MARK CALBO (PET)...A. MERLE SESSIONS PRISCILLA MILLIRON (OBJ)...HORSPOOL & PARKER COMPANION CASES SC02011 GENERAL INFORMATION: Petitioner is former conservator of person and estate of decedent. Final account filed 9/22/09 in conservatorship matter and set for hearing on 11/5/09. Continued from 11/2/09 at request of counsel. Continued from 12/17/09 to 1/19/10 by the court to be heard with competing petition. Continued from 1/19/10 to 4/16/10 as competing petition set for contested hearing. Continued from 4/16/10, 4/22/10 by the court. No settlement reached. Continued from 6/24/10 and 7/29/10 for time for discovery. Continued from 10/28/10. All counsel authorized access to review and have copies of confidential Court Investigator reports in related case SCSS02011. Court ordered specific redactions to reports and directed County Counsel to prepare an order and attach copies of redacted documents and serve directly on parties. THIS CASE IS SET FOR HEARING ON

1) Petition for Letters of Admin. W/ Limited Authority under IAEA by Melodie Scott

2) Petition for letters testamentary, full authority, by Mark Calbo THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

Petition #1 by Melodie Scott

1. Petitioner is nominee of daughter of decedent. 2. Petitioner is California resident and requests bond in amount of $250,000 based

upon estate value of same. JTD. 3. Section 5, Item (3) and (4) (regarding registered domestic partner) and Item (7) and

(8) (regarding issue of predeceased child) is incomplete. Need verified supplement. Supp (11/2/09): Attorney provided an unverified supplement clearing deficiencies. Need verification of petitioner.

4. Need notice of petition to administer estate and proof of service. A general probate notice of hearing is insufficient as the notice of petition to administer is a mandatory Judicial Council form containing important language.

5. Competing petition filed by Mark Calbo named in will. Note that petitioner #1 alleged that decedent died intestate.

6. At 10/28/10 hearing, Attorney Hartnell asked Court to recall Melodie Scott’s petition and requested continuance to 12/2/10 for notice to be filed. However, at 7/22/10 hearing on motion to deny petition for letters of administration, or, in the alternative, to disqualify Melodie Scott as proposed administrator, Court found that part of motion is deferred and made part of Will Contest. Will Contest currently set for Trial Readiness on 2/17/11 and Court Trial on 2/22/11.

Petition #2 by Mark Calbo

1. Will waives bond. However, petitioner is a Louisiana resident. This court has discretion to require bond per Pr.C. §8571. Court may wish to fix minimum bond at $20,000. JTD

2. Suggest court review declaration of Atty Sessions filed 1/11/10 (tabbed). 3. No opposition or will contest has been filed by petitioner #1. Petitioner #2 (as

named executor) would have priority of appointment if will is valid. Suggest court inquire re whether petitioner #1 will maintain her petition.

4. Will contest filed by Priscilla Milliron. RECOMMENDATION: Suggest continue Petition No. 1 to 2/22/11 to trail Will Contest. (fhl/kra/fhl/gls/abs/gls/fhl)

FUTURE HEARINGS 2/17/11 READINESS 2/22/11 TRIAL /WILL CONTEST/LETTERS OF TESTAMENTARY/LETTERS ADMIN


HONORABLE: CYNTHIA LUDVIGSEN CONSERVATORSHIPS ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON DS1000106 CASE NAME: WILLIAM NELSON HEARING: Petition for APPLICATION FOR ORDER ESTABLISHING SPECIAL NEEDS TRUST COUNSEL: INLAND COUNTIES REGIONAL CENTE(CE )...LAYNE A BARTHOLOMEW WILLIAM NELSON (CTE)...KARIN E HORSPOOL INLAND COUNTIES REGIONAL CENTE(PET)...LAYNE A BARTHOLOMEW Under review by Legal Research.

Superior Court of Calif, County of San Bernardino Page: 9 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON DS1000154 CASE NAME: NEVA A HILER HEARING: Accounting Review COUNSEL: SUSAN BAESKENS (CPE)...WIL R MULLINS NEVA A HILER (CEP)...SHERRI L KAS TILAHN DIANE D HARKISON (CPE)...M DANIEL SAYLOR GENERAL INFORMATION Susan Baeskens appointed temporary conservator of, estate only, on 7/14/10, and as conservator of person on 7/27/10. On 9/22/10, Court appointed Diane Harkison as temporary conservator, person and estate, and set Accounting Review hearing for Susan Baeskens for 10/26/10. Continued from 10/26/10. THIS CASE IS SET FOR HEARING ON Accounting Review (re Susan Baeskens). THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Accounting now due covering the period 07/14/10 to 09/22/10. 2. No accounting filed.

RECOMMENDATION: When an accounting is not filed as required, the court shall take action as specified in Pr.C. § 2620.2. (vet/fhl)

FUTURE HEARINGS 6/2/11 COMPLIANCE 1/15/12 ACCOUNTING REVIEW

Superior Court of Calif, County of San Bernardino Page: 9A CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON DS1000264 CASE NAME: ARTHUR SATORU LECLAIRE HEARING: Petition for Appointment of Conservator COUNSEL: NORIKO LECLAIRE (CP )...PRO/PER ARTHUR SATORU LECLAIRE (CTP)... GENERAL INFORMATION Continued from 10/28/10. Attorney Walter Moore appointed as counsel for conservatee. THIS CASE IS SET FOR HEARING ON Petition for Appointment of Conservator, person only, by mother THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Petitioner requests medical powers. Medical Capacity Declaration is filed supporting request.

2. Petitioner alleges proposed conservatee is developmentally disabled. Court may wish to appoint counsel for proposed conservatee.

3. Need report of court-appointed counsel. 4. IRC report filed 10/26/10. 5. Court Investigator’s report filed 10/21/10 6. Citation was personally served on 9/27/10. 7. Proof of completion of Conservatorship training class filed.

RECOMMENDATION: Need report of Court-appointed Counsel. Need to clear remaining notes. If approved, set hearing for filing of order appointing Conservator and care plan in accord with Pr.C. §§ 1830, 2352 for 7/7/11. (gls/abs/fhl)

Superior Court of Calif, County of San Bernardino Page: 10 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0700142 CASE NAME: KEVAN HILL HEARING: FIRST Account and Report of RON OLUND and Petition for allowance of fees filed. COUNSEL: PUBLIC GUARDIAN (CPE)...COUNTY COUNSEL KEVAN LEE HILL (CEP)... RON OLUND (CPE)...E JOAN NELMS RICK HILL (PET)... VIKI WAGGONER (PET)... SALLY HILL (PRO/PER )...PRO/PER GENERAL INFORMATION: Continued from 9/17/09 to file supplement and bring accounting current. Continued from 11/19/09, 1/7/10, at request of counsel. Continued from 2/25/10 by Court for Ron Olund to personally appear and explain why he should be paid since no accounting has been filed. Continued from 4/8/10 and 6/10/10 to review supplement filed 4/6/10. Continued from 7/15/10 to supplement new notes. Continued from 8/19/10 – no appearance by conservator or his counsel. Court ordered both parties to be present at next hearing. Clerk mailed notice. Continued from 9/23/10 at request of counsel. THIS CASE IS SET FOR HEARING ON First Account Current and Petition for Allowance of Fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Accounting period: 1/4/08 – 1/3/09. 2. Assets on hand: $650,221.20 (cash of $81,718.52, real property with a carry value

of $165,000, personal property items of $4,203.81 and the balance in securities) 3. Petitioner requests fees of $10,633.50. Billed at $85/hour for 125.10 hours.

Itemized. JTD

4. Attorney requests fees of $3,635.00, together with a reimbursement of costs of $46.50. Billed at $275/hour for attorney time and $75/hour for paralegal time. Itemized. JTD

5. Petitioner alleges that the current bond posted in the amount of $800,000 is sufficient. Appears adequate.

6. Do not find any disbursements re homeowner’s insurance. Question whether there is a current homeowner’s policy in place and whether the insurance premium is current? Supp: Petitioner alleges the State Farm Insurance Policy premium of $465.00 was paid 6/24/08 and was inadvertently listed as an automobile expense.

7. On disbursements on 1/22/08, there is an “Annual Charge – Visa signature fee” of $95.00. Question the purpose of this fee? Does conservatee have charge cards and if so, question if there is any balance on such liability(ies). Supp: This charge is for the annual visa from Merrill Lynch which was too soon to stop after petitioner was appointed as conservator. The visa account has been canceled.

8. Petitioner has filed a supplemental accounting to bring accounting current through 1/3/09. The following are notes pertaining to the supplemental accounting:

(a) On 5/5/09 petitioner paid DeLisle Fiduciary Services for preparation of the accounting totaling $8,177.50. The accounting originally covered the period 1/4/08-10/31/08 (9 months). It appears this is an excessive amount for preparation of accounting. Need itemization of services for DeLisle Fiduciary Services and the hourly rate charged to prepare an accounting.

(b) It appears there are various NSF return charges totaling $205.00 during the period 10/0/09-10/30/09. Question the circumstances that would incur NSF fees? Further question if petitioner should be personally liable for these charges? File verified supplement.

(c) Petitioner has paid to Jenny Plant for weed abatement services on 5/27/09 and 8/28/09 totaling $570.00. Need verified declaration for receipt of payment per local rule 20-1406(c).

(d) On 8/28/09 petitioner paid City of San Bernardino Code Enforcement $200.00 for a citation issued. If weed abatement services were rendered (note 8[c] above), question why the property was issued a citation? Need verified supplement clarifying circumstances.

(e) Need to file proof of service of the supplemental accounting on interested parties.

9. Note: An Order authorizing sale of conservatee’s residence was entered 12/3/09. Petition for order confirming actual sale was granted on 8/2/10.

RECOMMENDATION: Need to clear notes. If approved, set next accounting review to cover period 1/4/09 – 1/3/11 for 2/17/11. (gls/fhl/abs/gls/abs/fhl)

Superior Court of Calif, County of San Bernardino Page: 11 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0700266 CASE NAME: ROBERTA MALCOLM

SEE ALSO 12 & 13

HEARING: Hearing Re: TRUST ACCOUNTING COUNSEL: RUBY WATSON (CPE)...JAMES B CHURCH ROBERTA MALCOLM (CEP)... LINDA MAXWELL (CPE)...MAUREEN MURATORE HERSHEL FARLESS (OBJ)...HORSPOOL & PARKER GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Trust Accounting. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Matter set 9/30/10 upon approval of final account of Linda Maxwell, conservator of estate of Roberta Malcolm. Conservator transferred assets of conservatee to Ruby Watson, successor trustee of conservator’s trust.

2. Need accounting from trustee. RECOMMENDATION: Find out status. (fhl)

X REFERENCE PROPS0900735(11/16) FILE OUT 11/16 FUTURE HEARINGS 10/16/11 FINAL DISCHARGE

Superior Court of Calif, County of San Bernardino Page: 12 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0700266 CASE NAME: ROBERTA MALCOLM

SEE ALSO 11 & 13

HEARING: Hearing Re: Inquiry of Trust Assets etc COUNSEL: RUBY WATSON (CPE)...JAMES B CHURCH ROBERTA MALCOLM (CEP)... LINDA MAXWELL (CPE)...MAUREEN MURATORE HERSHEL FARLESS (OBJ)...HORSPOOL & PARKER X REFERENCE PROPS0900735 GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Inquiry of Trust Assets etc. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Matter set 10/14/10 after Court reviewed correspondence submitted by Kimberly Lewis indicating that current trustee took over trust in Nov. 2009, that she has failed to provide any information regarding the trust accounting, trust assets, and property. Note: Ruby Watson was appointed successor trustee of trust on 9/30/09.

RECOMMENDATION: Court’s discretion. (fhl)

FUTURE HEARINGS 10/16/11 FINAL DISCHARGE

Superior Court of Calif, County of San Bernardino Page: 13 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0900735 CASE NAME: RE DON QUENTIN AND ROBERTA OLETA MALCOLM TRUST

SEE ALSO 11 12

HEARING: Hearing Re: Inquiry of Trust Assets etc COUNSEL: DON QUENTIN MALCOLM AND ROBERT(TRU)... RUBY WATSON (STE)...JAMES B CHURCH X REFERENCE CONPS0700266 See notes prior page.

Superior Court of Calif, County of San Bernardino Page: 14 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0800098 CASE NAME: ALFONSO J TRIANA HEARING: Accounting Review COUNSEL: AMELIA E TRIANA (CPE)...RONALD W ASK ALFONSO J TRIANA (CEP)... GENERAL INFORMATION Continued from 8/26/10, 10/14/10 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. First Account and report approved 7/12/10 and Court set for Accounting Review this date.

2. Need accounting to cover period 7/1/09 – current date. 3. CI annual status review filed 8/3/10.

RECOMMENDATION: Find out status. When an accounting is not filed as required, the court shall take action as specified in Pr.C. § 2620.2. (fhl/abs/smj)

Superior Court of Calif, County of San Bernardino Page: 15 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0900244 CASE NAME: JUDY CAROLE MORRIS HEARING: Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of THANE J MORRIS COUNSEL: THANE J MORRIS (CPE)...PRO/PER JUDY CAROLE MORRIS (CEP)...BRYAN C. HARTNELL GENERAL INFORMATION: Son was appointed conservator of person and estate on 2/22/10, no bond-small estate. Continued from 9/13/10, 10/18/10. On 10/18/10, Court appointed Attorney Bryan C. Hartnell for conservatee. THIS CASE IS SET FOR HEARING ON compliance review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-


2. Confidential care plan filed. 3. Final Inventory & Appraisal filed. However, items listed on Attachment 1, are

appraised by the personal representative. As these appear to be assets other than cash, these items must be appraised by the probate referee Pr.C. §8902. Need corrected inventory.

4. I&A indicates the conservatee gave her car away, but that title is still in conservatee’s name. If title is in conservatee’s name the car will be an asset of the conservatorship estate as well as a liability to the estate. Need appraisal of car. At 10/18/10 hearing, conservator reported that conservatee gave her vehicle away. Court requires proof that the title of the vehicle is no longer in conservatee’s name. Need same.

5. Petition for appointment indicated that estate consisted of public benefits and real property. However, the I&A does not include real property and if the only income consists of public benefits, question if estate powers are necessary.

6. Need proof of service of Inventory & Appraisal including Instructions for Objection per Pr.C.§2610.

7. If the conservatorship estate holds interest in real property, need proof of recordation of letters in each county where the real property is located or where conservatee has security interest in real property per Pr.C.§2313.

8. Need Court Investigator 6 month report per Pr.C.§1850(a)(1). 9. At 10/18/10 hearing, conservator reported that the conservatee has resided at

Chapman Care Center in Garden Grove for the last year and the care facility took $22,000 from the bank account of conservatee and closed the account. Conservator also reported that there is an insurance payout of approximately $24,000 per year in which the proceeds are being paid directly to Chapman Care Center.

RECOMMENDATION Inquire status. (kra/gls/fhl)


Superior Court of Calif, County of San Bernardino Page: 16 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: RC RS424 CASE NAME: KENNETH ANDERSON AKA KENNETH DALE ANDERSON HEARING: THIRD Account and Report of LINDA MAXWELL and Petition for allowance of fees filed. COUNSEL: BARBARA ANDERSON (PET)...LAW OFFICE OF HOWARD S BORENST KENNETH ANDERSON (PCE)...DONNASUE SMITH-ORTIZ KENNETH DEE ANDERSON (PET)...PRO/PER LINDA MAXWELL (PET)...ELISABETH KEMPE-OLINGER GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Third Account Current and Petition for Allowance of Fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Accounting covers period: 2/1/09 – 8/31/10. 2. Assets on hand: $1m232m351,18 (cash of $63,764.02, real property with a carry

value of $592,500 and the balance in securities) 3. Petitioner requests fees of $13,612.50. Billed at various rates for various services

not exceeding $90/hour for a total of 168.6 hours. Itemized. 4. Attorney requests fees of $7,421.00. Billed at $270/hour for attorney time and

$80/hour for paralegal time for a total of 30.3 hours. Itemized. Attorney fee request includes services of paralegal. Need verified supplement to include paralegal qualifications per CRC 7.703(e), which was amended effective 7/1/10.

5. Petitioner alleges the current bond is posted in the amount of $764,264.00. Petitioner further alleges the current bond is insufficient and an additional bond of $326,250.00 should be filed. Appears adequate. JTD

6. During this accounting period, petitioner has paid a third party, Barbara Pensick, for “case spv” and paid a total $5,106.88. Need to file verified declaration from Barbara Pensick setting forth the amount paid, and that the services were performed on the date provided per local rule 20-1406(c).

7. Court Investigator Report filed 4/28/10. 8. Need bank statements for Wells Fargo account ending in #926 for months 2/1/09 –

1/21/10. 9. Need notice of hearing.

RECOMMENDATION: Need to clear notes. If approved, Court may wish to set the next hearing re Accounting Review to cover period 9/1/10 – 8/31/11 for 10/13/11. Any accounting to be filed 30 days in advance. (fhl)

Superior Court of Calif, County of San Bernardino Page: 17 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: SC SS02906 CASE NAME: MTR OF ROBERT A EDGELL HEARING: Accounting Review COUNSEL: DONALD L EDGELL (CPE)...KARIN HORSPOOL ROBERT A EDGELL (CEP)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Third Account Current due for the period: 7/6/08 – 7/5/10. No accounting is filed. Need same.


Superior Court of Calif, County of San Bernardino Page: 18 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: SC SS03016 CASE NAME: MTR OF WANDA A. HARDY HEARING: Petition for SUCCESSOR CONSERVATOR OF THE PERSON AND ESTATE (REAPPOINTMENT) COUNSEL: CHRIS HARDY (CPE)...PRO/PER WANDA HARDY (CEP)...C. L. FARRELL PUBLIC GUARDIAN (CPE)...COUNTY COUNSEL LEGACY POST-ACUTE REHABILITATI(TP )...SANDERS, COLLINS & REHASTE LL AMERICAN CONTRACTORS INDEMNITY(PRO/PER )...PRO/PER Under review by Legal Research. FUTURE HEARINGS 1/10/11 ACCOUNTING REVIEW

Superior Court of Calif, County of San Bernardino Page: 19 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: SC SS5742 CASE NAME: IN THE MATTER OF DANIEL R CHRYSLER HEARING: FOURTH Account and Report of CAROL CHRYSLER and Petition for allowance of fees filed. COUNSEL: DANIEL R. CHRYSLER (CEP)... JAMES H CHRYSLER (CPE)...WILLIAM J WARD CAROL CHRYSLER (CPE)...CRAIG M PARKER GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON: Fourth Account Current and Petition for Allowance of Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. Period of account: 8/8/08 – 8/31/10. 2. Assets on hand: $168,428.85 (cash). 3. Petitioner waives fees for this account period. Instead, petitioner requests

reimbursement for trips to California to visit the conservatee in the amount of $2,000/year. Note: during this period of account, petitioner expended $1,676.40 in 2009 and $1,948.97 in 2010 for visits to California. JTD.

4. Attorney requests fees of $1,593.00 for 5.4 hours billed at $295/hour. Itemized. During the period of account, attorney was paid $1,500.00. However, order approving third account allowed $1,320.00 for attorney fees. Appears there is an overpayment in amount of $180. Court may wish to allow $1,413.00. JTD.

5. Need care facility statements per Pr.C. §2620(a)(5). 6. Need notice of hearing and proof of service. 7. Need Court Investigator annual report.

RECOMMENDATION: Need to clear notes. If approved, set next hearing re Accounting Review to cover period 9/1/10 – 8/31/12 for 10/12/12. Any accounting to be filed 30 days in advance. (fhl)

Superior Court of Calif, County of San Bernardino Page: 20 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 12/02/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: SC SS02824 CASE NAME: MTR OF RYAN MICHAEL MANSFIELD HEARING: Accounting Review COUNSEL: ROGER P MANSFIELD (CPE)...SUZANNE M GRAVES LINDA LOUISE MANSFIELD (CPE)...SUZANNE M GRAVES RYAN MICHAEL MANSFIELD (CEP)... GENERAL INFORMATION Continued from 10/28/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Account/Waiver of Account is due. No waiver of accounting is filed. Need same. Supp: Petition for waiver of accounting filed but neither the petition nor the accompanying proposed order state the accounting period for which an accounting would be waived and therefore it cannot be considered. Need corrected petition for waiver of accounting.

RECOMMENDATION: Find out status. (gls/abs/fhl)