All corrections/supplements addressing notes on this ... · PDF fileAll...

Calendar date of 11/30/10

All corrections/supplements addressing notes on this calendar should be filed prior to the hearing and no later than 11/23/10. 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.

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

[email protected]. 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 Barstow District PROBATE/CONSERVATORSHIP CALENDAR

HONORABLE: J MICHAEL WELCH PROBATE

---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: BPR BS00691 CASE NAME: ROBERT V MOYA HEARING: Hearing re Final Discharge COUNSEL: MARY BEAUCHAMP (PET)...JAXON E MILLER ROBERT V MOYA (DEC)... MARY BEAUCHAMP (PET)...MILLER & KING ROBERT V MOYA (DEC)... GENERAL INFORMATION: Continued from 10/19/10 at request of counsel. Notice given by courtroom clerk. THIS CASE IS SET FOR HEARING ON Final Discharge THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Final accounting approved 12/04/09. 2. Need Ex-Parte Petition/Order for Final Discharge.

RECOMMENDATION: When final discharge order is not filed as ordered, court may set a hearing in accord with Pr.C. § 8505. (vet/vet)

Superior Court of Calif, County of San Bernardino Page: 2 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: MPR MS01013 CASE NAME: ESTATE OF FLORENCE P RILEY HEARING: Hearing re Final Discharge COUNSEL: ERNIE PRYOR (PET)...MARC B HANKIN FLORENCE P RILEY (DEC)... EDWIN R PRYOR III (PET)...MARC B HANKIN EDWIN R PRYOR III (PET)...MARC B HANKIN FLORENCE RILEY (TRU)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Final Discharge THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Final accounting approved 11/24/09. 2. Need receipts from Danny and Michael Martinez. 3. Need Ex-Parte Petition/Order for Final Discharge.

RECOMMENDATION: When receipts and final discharge order are not filed as ordered, court may set a hearing in accord with Pr.C. § 8505. (vet)

Superior Court of Calif, County of San Bernardino Page: 3 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO DS1000791 CASE NAME: RAMONA H. HERNANDEZ HEARING: Spousal Property Petition Hearing. COUNSEL: ROSARIO GUZMAN HERNANDEZ (PET)...FULLERTON LEMANN SCHAEFFER RUBEN HERNANDEZ (PET)...FULLERTON LEMANN SCHAEFFER & D RAMONA H. HERNANDEZ (DEC)... RELATED CASE PROPS0900697 GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Spousal Property Petition. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner alleges that Decedent and her surviving spouse, Marcelo Hernandez, were married on 10/03/51, acquired title to the 2 subject properties as “husband and wife as joint tenants” and that the property was acquired with community property assets. After these properties were acquired, Decedent and Marcelo Y. Hernandez conveyed title to the properties into their family trust. On 10/09/08, Decedent and Marcelo Y. Hernandez conveyed title out of their family trust into their individual names, but inadvertently did not take title in joint tenancy. Petitioner maintains that the parties at all times considered the property as their community property.

2. Petitioner, co-executor of decedent’s post-deceased spouse’s (DOD 08/03/07) estate, requests determination of property passing to decedent without administration. Specifically 2 pieces of real property in San Bernardino County. Question whether the family trust is still in existence, whether the properties were conveyed out of title of the family trust for a specific purpose or whether the family trust was revoked? Need verified supplement.

3. Petitioner further requests immediate appointment of a Probate Referee. In the post-deceased spouse’s estate, Patrick Wright is appointed as the Probate Referee.

4. For informational purposes, please provide a copy of death certificate. 5. No objections as of the review of this file.

RECOMMENDATION: Need to clear notes 2 & 4 then Court’s discretion. (vet-gls*)

Superior Court of Calif, County of San Bernardino Page: 4 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0600253 CASE NAME: MTR OF MARIAN SHAVER HEARING: FIRST AND FINAL Account and Report of MARILYN RANDALL and Petition for allowance of fees filed. COUNSEL: MARILYN RANDALL (PET)...JERRY LA CUES MARIAN SHAVER (DEC)... GENERAL INFORMATION: Continued from 10/19/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Final Distribution upon Waiver of Account and for Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters Testamentary issued 05/02/07, no bond. 2. Assets on hand $169,754.23. 3. Petitioner alleges all heirs have waived accounting. However, need waivers of

accounting by Loucinda Blanchette and Becky Brotherton. 4. Petitioner requests statutory fees of $6,550. Calculated. 5. Attorney requests statutory fees of $6,550. Calculated. 6. Attorney requests extraordinary fees of $2,242.50 for services rendered in

connection with the sale of real property. Billed at $325/hour for a total of 6.90 hours attorney time. Itemized. JTD.

7. There is 1 creditor’s claim from Chase Bank USA for $699.04 filed on 04/02/08. However, there is no allowance or rejection notice in the file regarding this claim. File verified supplement confirming status of this claim.

8. Petitioner requests authority to withhold $1,000 as a reserve for closing costs. 9. Need Notice of Hearing with proof of service.

RECOMMENDATION Need to clear notes. If approved, set hearing re receipts and final discharge for 12/06/11. (vet/vet)

Superior Court of Calif, County of San Bernardino Page: 5 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0700267 CASE NAME: CARMELO ROSA

SEE ALSO 6 HEARING: Hearing Re: Status COUNSEL: PUBLIC ADMINISTRATOR (PET)...HORSPOOL & PARKER CARMELO ROSA (DEC)... PUBLIC ADMINISTRATOR (PET)...HORSPOOL & PARKER CARMELO ROSA (DEC)... PUBLIC ADMINISTRATOR (PET)...HORSPOOL & PARKER CARMELO ROSA (DEC)... ROSARIA ROSA (CON)...ROY A HOFFMAN SALVATORE D'AGOSTA (JAMES P. BALLANTINE )...JAMES P. GIUSEPPA ROSA (PRO/PER )...PRO/PER GIOVANNA ROSA (DIJULIO LAW GROUP )...DIJULIO L LUCIA ROSA (DIJULIO LAW GROUP )...DIJULIO L ROSANNA ROCCHETTA (DIJULIO LAW GROUP )...DIJULIO L No notes – Status.

Superior Court of Calif, County of San Bernardino Page: 6 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0700267 CASE NAME: CARMELO ROSA

SEE ALSO 5 HEARING: Report Sale and Petition for Order Confirming Sale of Real Property. COUNSEL: PUBLIC ADMINISTRATOR (PET)...HORSPOOL & PARKER CARMELO ROSA (DEC)... PUBLIC ADMINISTRATOR (PET)...HORSPOOL & PARKER CARMELO ROSA (DEC)... PUBLIC ADMINISTRATOR (PET)...HORSPOOL & PARKER CARMELO ROSA (DEC)... ROSARIA ROSA (CON)...ROY A HOFFMAN SALVATORE D'AGOSTA (JAMES P. BALLANTINE )...JAMES P. GIUSEPPA ROSA (PRO/PER )...PRO/PER GIOVANNA ROSA (DIJULIO LAW GROUP )...DIJULIO L LUCIA ROSA (DIJULIO LAW GROUP )...DIJULIO L ROSANNA ROCCHETTA (DIJULIO LAW GROUP )...DIJULIO L GENERAL INFORMATION: Continued from 09/07/10, 10/12/10 and 10/25/10. Address: 62210 Two Mile Road, Joshua Tree, CA Appraised Value: $32,000 Sale price: $29,000 First overbid: $30,950 Deposit: $ 2,900 Commission: 6% = $1,740

Additional bond: None – Public Administrator. Reason for Sale: Necessary to pay debts, expenses of administration and taxes. Exposure to Market: Property was listed on the MLS, advertised and shown. Notice: Proof of publication filed. Future Hearing Dates: 7/14/11 Accounting Review (vet/abs/vet/smj/vet)

Superior Court of Calif, County of San Bernardino Page: 7 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0700559 CASE NAME: DORIS I WADE HEARING: Accounting Review COUNSEL: CHARLES CRHA (PET)...PATRICK J. SILVA DORIS I WADE (DEC)... GENERAL INFORMATION Continued from 07/15/10 and 09/22/10 at request of counsel. THIS CASE SET FOR HEARING ON Accounting Review/Status. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters testamentary issued 07/24/07, full authority no bond. 2. Last status report approved on 05/07/09. 3. Need accounting or status report.

RECOMMENDATION When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C. § 11050 et seq. (cbr/vet)

Superior Court of Calif, County of San Bernardino Page: 8 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0800429 CASE NAME: SAMUEL JOHNATHAN MACON JR

SEE ALSO 9 HEARING: Petition for TERMINATION OF FURTHER PROCEEDINGS & DISCHARGE OF PERSONAL REPRESENTATIVE COUNSEL: BARBARA MACON (PET)...RICHARD A LEPORE SAMUEL JONATHAN MACON JR (DEC)... BARBARA MACON (PET)...RICHARD G ANDERSON SAMUEL JONATHAN MACON JR (DEC)... JEANNETTE GARCIA (TP )...BEST BEST & KRIEGER STATE OF CALIFORNIA FRANCHISE ( )... GENERAL INFORMATION: THIS CASE SET FOR HEARING ON Petition for Termination of Further Proceedings and Discharge of Personal Representative (Pr. C. § 12251). THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner alleges that the petition was filed for the purposes of appointing an Administrator to determine if the decedent had any assets and because the business partner of the decedent would not cooperate with the Petitioner in obtaining information regarding the decedent’s interest, if any, in the partnership business. Thereafter, it was determined that the decedent’s interest in the partnership was that of a negative interest, and there was no value to decedent’s interest in that business upon his death.

2. Petitioner requests an Order Terminating Further Proceedings and Order Discharging Petitioner as personal representative of the estate.

3. Notice of Hearing with proof of service filed. However, notice does not include Jeanette Garcia as requested per Request for Special Notice filed on 04/07/09. Need proper notice.

RECOMMENDATION RFA subject to note 3. (vet)

Superior Court of Calif, County of San Bernardino Page: 9 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0800429 CASE NAME: SAMUEL JOHNATHAN MACON JR

SEE ALSO 8 HEARING: Accounting Review COUNSEL: BARBARA MACON (PET)...RICHARD A LEPORE SAMUEL JONATHAN MACON JR (DEC)... BARBARA MACON (PET)...RICHARD G ANDERSON SAMUEL JONATHAN MACON JR (DEC)... JEANNETTE GARCIA (TP )...BEST BEST & KRIEGER STATE OF CALIFORNIA FRANCHISE ( )... GENERAL INFORMATION Continued from 01-05-10 at request of counsel. Counsel indicates there are no additional assets. Continued from 04/06/10. Counsel states no assets in the estate, but dealing with the FTB. Counsel will file a petition to terminate once the tax issue is dealt with. Continued from 08/10/10 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 6/16/08, no bond. 2. No accounting and/or updated status report is filed. 3. Petition for Termination of Further Proceedings and Discharge of Personal

Representative (Pr. C. § 12251) filed 10/19/10 (see prior matter). RECOMMENDATION: Matter appears to be moot. (kra///vet)

Superior Court of Calif, County of San Bernardino Page: 10 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0800782 CASE NAME: VERNA L. REED

SEE ALSO 11 12 HEARING: Petition for TO DETERMINE TITLE TO PERSONAL PROPERTY COUNSEL: THOMAS B GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... THOMAS B GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... THOMAS G GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... STATE OF CALIFORNIA FRANCHISE (TP )...PRO/PER NO FILE AVAILABLE FOR REVIEW.


SEE ALSO 10 12 HEARING: Petition for EXAMINATION OF PERSONS SUSPECTED OF WRONGFULLY TAKING, CONCEALING OR DISPOSING OF PROPERTY COUNSEL: THOMAS B GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... THOMAS B GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... THOMAS G GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... STATE OF CALIFORNIA FRANCHISE (TP )...PRO/PER NO FILE AVAILABLE FOR REVIEW.


SEE ALSO 10 11 HEARING: Accounting Review COUNSEL: THOMAS B GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... THOMAS B GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... THOMAS G GUIRL (PET)...ALLAR, SHELTON & O'CONNOR VERNA L REED (DEC)... STATE OF CALIFORNIA FRANCHISE (TP )...PRO/PER NO FILE AVAILABLE FOR REVIEW.

Superior Court of Calif, County of San Bernardino Page: 13 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0800949 CASE NAME: MTR OF JAMES T YOUNG (MASTER FILE) HEARING: Probate status report filed. COUNSEL: JEFFERSON THOMAS YOUNG (PET)...GOOD WILDMAN HEGNESS & WALLE JAMES T YOUNG (DEC)... JEFFERSON THOMAS YOUNG (PET)...GOOD WILDMAN HEGNESS & WALLE JAMES T YOUNG (DEC)... JEFFERSON THOMAS YOUNG (PET)...GOOD WILDMAN HEGNESS & WALLE JAMES T YOUNG (DEC)... STEVEN A. SILVERSTEIN, INC (PLA)...SILVERSTEIN & HUSTON WELLS FARGO CARD SERVICES (TP )... BOND SERVICES OF CALIFORNIA LL( )... WELLS FARGO BANK, N.A. (RORY W CLARK )...RORY W CL STEVEN A SILVERSTEIN (SILVERSTEIN & HUSTON )...SILVERSTE JEFFERSON THOMAS YOUNG ( )... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Status Report. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner alleges the estate is not in a condition to be closed as there is pending litigation re creditors’ claims. Petitioner states the real property has been foreclosed upon.

2. Petitioner requests an additional 6 months to close the estate. 3. File verification signed by the personal representative. An attorney may not sign a

verification for a fiduciary. Pr. C. § 1023. 4. Need Notice of Hearing and proof of service in accord with Pr. C. § 12201.

Whenever a status report is filed without an accounting, notice must indicate a right to an accounting in accord with Pr.C. § 10950. This form of notice is mandatory.

RECOMMENDATION: Need to clear notes 3 & 4. If granted, set future hearing for next status report and/or account for 02/07/12. Any accounting to be filed 30 days in advance. (vet)

Superior Court of Calif, County of San Bernardino Page: 14 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900101 CASE NAME: ALBERTA ROOKER HEARING: FIRST AND FINAL Account and Report of WILMA WHITE and Petition for allowance of fees filed. COUNSEL: WILMA WHITE (PET)...MARK BIDWELL ALBERTA ROOKER (DEC)... GENERAL INFORMATION Continued from 5/5/10, 06/09/10, 08/25/10 and 10/13/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Settlement of Final Account, Fees and Final Distribution THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. Partial #1 I&A filed on 2/2/10 lists only one asset: real property located at 11410 Dolan Avenue #322, Downey, CA, valued at $150,000 as of date of death.

a. Need APN # and legal description of the real property; b. Need property tax certificate; c. Petition states there was $3.75 received from WaMu account, and

decedent’s personal property is of no or minimal value. Does court wish to require petitioner to file a corrected final I&A to include these items?

2. Need copies of account statements verifying cash on hand, per Local Rule 20-908. 3. Need copy of escrow closing statement, per Local Rule 20-910. 4. Petitioner requests reimbursement of costs advanced to the estate in the amount of

$12,373.09. Itemized. JTD 5. Petitioner alleges that decedent made a written promise to pay petitioner and Keith

Gordon $80,000, plus, as of Jan. 1, 2008, an additional $800 a month if her Downey home had not sold.

a. The writing is attached to an unverified supplement to the petition. Need verification with copy of writing attached.

b. Petitioner requests she be reimbursed from the estate assets for this “loan.” Question whether a creditor’s claim was filed against the estate, and if not, whether time has expired to file same and to request court approval. Please file verified supplement with points and authorities.

6. Petitioner made several preliminary distributions to both intestate and non-heirs totaling $36,000.00 ($24,000 of which was made to non-heirs) without court approval.

7. Petitioner states that because she had “loaned” the decedent $80,000 and advanced costs on behalf of the estate, she believed she was entitled to receive the money from the estate and now makes a claim for reimbursement. Petitioner proposes to reduce her claim by $36,000. However, it would appear that the claim is barred (see note 4).

8. Petitioner is entitled to 1/3 of the estate or approximately $13,500. If the petitioner were to hold this sum against her share of the estate, she will owe the estate approximately $10,000. Court may wish to set surcharge hearing. Clerk to notice bond company. JTD

9. Petitioner lists the heirs at law, but does not give a proposed distribution. Need verified supplement.

10. Petitioner does not request statutory fees. 11. Atty. requests statutory fees in the sum of $4,450.11. Calculated. 12. Need notice to Franchise Tax Board per Pr. C., §9202(c)(1).

RECOMMENDATION Need to clear notes. If approved, set hearing on receipts and final discharge for 12/13/11. (smj/kra/abs/cbr/vet)

Superior Court of Calif, County of San Bernardino Page: 15 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900225 CASE NAME: VINCENT B RHOADES

SEE ALSO 15A HEARING: Petition for TERMINATION OF FURTHER PROCEEDINGS AND DISCHARGE OF PERSONAL REPRESENTATIVE COUNSEL: BERNADETTE M RHOADES (PET)...RICHARD G ANDERSON VINCENT B RHOADES (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition for Termination of Proceedings and Discharge of Personal Representative. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters Testamentary issued 04/30/09, no bond. 2. Zero assets on hand. 3. Petitioner maintains the probate petition was filed for purposes of probating

personal property not held in trust. Petitioner alleges that all of the assets have passed outside of probate. Petitioner asserts that no other assets were inventoried and that there is no property of any kind belonging to the estate subject to administration. Petitioner alleges this is a “No Asset” estate and requests that the administration of this estate be brought to a close.

4. Petitioner and attorney do not request compensation. 5. Need Notice of Hearing with proof of service.

RECOMMENDATION: RFA subject to note 5. (vet)

Superior Court of Calif, County of San Bernardino Page: 15A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900225 CASE NAME: VINCENT B RHOADES

SEE ALSO 15 HEARING: ACCOUNTING REVIEW COUNSEL: BERNADETTE M RHOADES (PET)...RICHARD G ANDERSON VINCENT B RHOADES (DEC)... Added to calendar after completion of this check. Notes will be available upon second check.

Superior Court of Calif, County of San Bernardino Page: 16 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900487 CASE NAME: MTR OF ANNA SMITH HEARING: Petition for TERMINATION OF PROCEEDINGS AND DISCHARGE PURSUANT TO PROBATE CODE ETC COUNSEL: SHANNON GRIFFITHS (PET)...JENNIFER L FIELD CYNTHIA BRINGAS (PET)...JENNIFER L FIELD ANNA SMITH (DEC)... SHANNON GRIFFITHS (PET)...JENNIFER L FIELD CYNTHIA BRINGAS (PET)...JENNIFER L FIELD ANNA SMITH (DEC)... NO FILE AVAILABLE FOR REVIEW.

Superior Court of Calif, County of San Bernardino Page: 17 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900525 CASE NAME: MARGARET ANNE MARSTON HEARING: Accounting Review COUNSEL: ELLIS STERN (PET)...KIEN C. TIET MARGARET ANNE MARSTON (DEC)... DISCOVER BANK (TP )...RAYMOND GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters Testamentary issued 09/24/09, no bond. 2. No accounting or status report of administration filed.

RECOMMENDATION: When the personal representative does not file an accounting as required, the court shall take action as specified in Pr. C. §11050 et seq. (vet)

Superior Court of Calif, County of San Bernardino Page: 18 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: PRO PS0900864 CASE NAME: MARY ANN RIGGS HEARING: FIRST AND FINAL Account and Report of SYLVIA LYONS DAVIS and Petition for allowance of fees filed. COUNSEL: SYLVIA LYONS DAVIS (PET)...BANKS GARCIA & JANIS MARY ANN RIGGS (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON First and Final Account and Petition for Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters of Administration issued 01/21/10, $20,000 bond. 2. Assets on Hand $906,594.28. 3. Petitioner waives statutory fees. 4. Attorney requests statutory fees of $21,431.17. Calculated. 5. Petitioner requests reimbursement for advanced costs in the remaining amount of

$8,219.20. However, need further clarification via verified supplement as to the following in Schedule E:

a. $500 to Elia Alcaraz for “yard maintenance” on 01/19/10; b. $3,150 to Elias Alcaraz for “yard maintenance” on 03/12/10.

6. Attorney advanced costs in the amount of $1,537.50, for which, reimbursement has already been made. Generally Itemized.

7. Disbursements – Schedule B reflects payment of $3,150 to Elias Alcaraz for “yard maintenance” on 03/26/10. Need verified supplement.

8. Petition is not properly verified as required by CRC Rule 7.103. Need proper verification “under the laws of California”.

9. Need statement regarding notice to Franchise Tax Board or notice per Pr. C. § 9202(c)(1).

10. Petitioner request to withhold $1,500 reserve for closing expenses. JTD. 11. Need Notice of Hearing with proof of service.

RECOMMENDATION: Need to clear notes. If approved, court to set hearing on filing of receipts and final discharge for 12/06/11. (vet)

Superior Court of Calif, County of San Bernardino Page: 19 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: RPR RS02843 CASE NAME: FELIPA C CEJA HEARING: Hearing re Final Discharge COUNSEL: MELINDA A MILLER (PET)...ALLAR, SHELTON & O'CONNOR FELIPA C CEJA (DEC)... GENERAL INFORMATION: Continued from 8/20/09, 11/17/09, 01/14/10, 04/13/10, 08/24/10, 10/05/10 and 10/14/10 at request of counsel. Missing two receipts. 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 8/20/08. 2. Need to file receipts and submit final discharge declaration/order.

RECOMMENDATION: When receipts or final discharge order are not filed as ordered, court may set a hearing in accord with Pr.C. § 8505. (gls///vet/smj/vet)

Superior Court of Calif, County of San Bernardino Page: 20 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: SPR SS06999 CASE NAME: ESTATE OF JOHNNY FORTUNE SUDETA SR. HEARING: Petition for REQUESTING DISMISSAL OF PROBATE, WAIVER OF ACCOUNT ING AND DISCHARGE OF PERSONAL REPRESENTATIVE COUNSEL: JOHNNY SUDETA JR (PET)...GREGORY A. PAIVA & ASSOCIATES JOHNNY FORTUNE SUDETA SR. (DEC)... JOHNNY SUDETA (PET)...GREGORY A. PAIVA & ASSOCIATES JOHNNY FORTUNA SUDETA SR (DEC)... ROSE DENNIE (TP )...MARK J. A. FLORY GENERAL INFORMATION: THIS CASE SET FOR HEARING ON Petition Requesting Dismissal; Waiver of Account and Discharge of Personal Representative. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. Need Notice of Hearing with proof of service. 2. Letters of Administration issued 09/21/06, $20,000 bond. 3. On 07/07/09, judgment based on the Court’s Statement of Decision was filed

ordering that the Administrator receive ½ of the net proceeds from the sale of the home and that Rose Dennie receive ½ of the net proceeds from the sale of the home. The order indicated that the entire sum held in a blocked account at Investment Counselors of Redlands, in the amount of $52,138.94 plus any interest on said amount be “awarded” to Petitioner, Johnny Sudeta, Jr., as said sums held in the blocked account was equivalent to ½ of the net proceeds from the sale of the home. Minute order dated 07/07/09 indicates hearing was continued for an accounting to be filed.

4. Petitioner alleges there are no assets in the estate of any kind which would be subject to administration as all assets have been distributed pursuant to the court order. Question the authority to make distribution without prior court authority? Need verified supplement.

5. Need accounting per Pr. C. § 1060 et seq. as required by court on 07/07/09 to include a final report of administration per Pr. C. §§ 1064, 10954(c)(1).

RECOMMENDATION Need to clear notes. If approved, set hearing for filing of receipts and final discharge for 12/16/11. (vet)

Superior Court of Calif, County of San Bernardino Page: 21 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: SPR SS07190 CASE NAME: TRUST OF WILLIAM J FLANAGAN ET AL

SEE ALSO 40 @ 3:00 HEARING: Hearing Re: Status COUNSEL: DAVID E FLANAGAN (PET)...PRO/PER BILLY CAROLE FELCHER (PET)...E LAWRENCE BROCK X REFERENCE SPRSS06843 (9/27/11 FINAL DISCHARGE) GENERAL INFORMATION: Continued from 6/23/08, 9/29/08, 11/17/08, 1/05/09, 4/29/10, 5/12/10, 08/05/10 and 09/21/10 at request of counsel. Counsel to file a Petition to Distribute. Nothing new filed. THIS CASE IS SET FOR HEARING ON Status THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-

1. Matter set on court’s own motion. 2. On 8/13/07 hearing came on for Petition to determine the internal affairs of a

trust pursuant to Pr.C. § 17200, ascertaining beneficiaries. Court took matter under submission.

3. A copy of the Statement of Decision dated 10/9/07 is placed on the left side of the file.

4. Nothing new filed as of the review of this file. RECOMMENDATION: Court’s discretion. (kra/cbr/abs/gls//vet)

Superior Court of Calif, County of San Bernardino Page: 22 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: VPR VS002553 CASE NAME: ESTATE OF JOSEPH CRINEL JACKSON HEARING: FINAL Account and Report of RUBY COUISIN and Petition for allowance of fees filed. COUNSEL: RUBY COUISIN (PET)...PRO/PER JOSEPH CRINEL JACKSON (DEC)... RUBY COUISIN (PET)...PRO/PER JOSEPH CRINEL JACKSON (DEC)... BOND SERVICES OF CALIFORNIA (TP )...PRO/PER X REFERENCE VC VS044742 GENERAL INFORMATION Continued from 9/02/09, 11/4/09, 1/6/10, and 2/24/10 at request of petitioner. Continued from 2/24/10 for petitioner to seek legal counsel. Continued from 5/12/10. Court stated petitioner may need to seek legal advice. Continued from 06/09/10. No appearance. Notice given by courtroom clerk. Continued from 07/14/10 due to non appearance by Ruby Couisin. Citation issued and Ruby Couisin ordered to appear this date. Continued from 08/24/10. Court instructs petitioner to file verification and notice of hearing with proof of service. Continued from 10/05/10 due to non-appearance. Citation issued as to Ruby Couisin for failure to appear, retain counsel and clear notes. Nothing new filed. THIS CASE IS SET FOR HEARING ON 1st & final account and petition for fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner alleges she is the sole heir due to assignment by other heir. 2. This is petitioner’s final report with no accounting attached. Court may wish to

inquire whether petitioner is waiving an accounting as sole heir and/or whether a written waiver of accounting will be filed. JTD

3. Petitioner does not request statutory compensation.

4. Petitioner was previously represented by Attorney Robert Waddell who was relieved by court order on 4/10/06. Petitioner was subsequently represented by JoAnne Mc Dole who was subsequently relieved on 3/26/08. Petitioner alleges Attorney Waddell is owed fees but petitioner does not address whether Attorney Mc Dole is owed fees. Need verified supplement to clarify.

5. Petitioner requests authority pay to Attorney Robert A. Waddell fees in the amount of $3,400.00 and costs of $929.70 for prior Attorney Robert A. Waddell (not itemized). However, Attorney Robert A. Waddell is not joined in the petitioner’s request for said fees and has not verified petition in support of the requested fees of $4,329.70 as required by Local Rule 20-903. File verified supplement.

6. Petitioner requests that any sums due and owing to the bonding company be distributed from the net proceeds of the foreclosure.

7. Petition is not verified as required by Pr.C. § 1021. Need same. 8. Need to file notice of hearing and proof of service to Bond Services of California,

Inc., Attorney Robert A. Waddell and Attorney JoAnne Mc Dole. 9. Notice of non-payment of bond premium filed 6/22/10. 10. Need return of served citation.

RECOMMENDATION: Need to clear notes. If approved, set hearing on the filing of receipts and final discharge for 12/06/11. (vet/abs/smj/abs/gls/abs/cbr/vet/smj//vet)

Superior Court of Calif, County of San Bernardino Page: 23 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR

HONORABLE: J MICHAEL WELCH CONSERVATORSHIPS

---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON DS1000035 CASE NAME: MTR OF NADINE CONNIE MAE EMMITT HEARING: Conservatorship Compliance Review Hearing on PETITION FOR CONSERVATORSHIP of SARAH A HEATLY COUNSEL: SARAH A HEATLY (CP )...PRO/PER NADINE CONNIE MAE EMMITT (CTP)...MARK S MAHONEY GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Compliance Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Sarah A. Heatly appointed conservator, person only, on 04/27/10. 2. Care Plan filed. 3. Need Court Investigator 6 month report per Pr.C.§1850(a)(1).

RECOMMENDATION: Need to clear note 3. When documents are not filed as ordered, court may set a hearing in accord with Pr.C.§2655. (vet)

Superior Court of Calif, County of San Bernardino Page: 23A CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON DS1000301 CASE NAME: MTR OF ALICIA CARREON HEARING: Petition for Appointment of Conservator COUNSEL: ROBERT CARREON (CP )...PRO/PER ALICIA CARREON (CEP)...MARK S MAHONEY GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition for Appointment of Conservatorship, person and estate, by son. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Need Notice of Hearing with proof of service. 2. Petitioner requests bond be set in an undetermined amount. Estimated estate

value of $11,074.68. It appears that the estate may satisfy the conditions of Pr. C. 2628(a). Does Court wish to dispense with the requirement of a bond? Alternatively, suggest minimum bond of $20,000 (includes recovery costs). JTD.

3. Petitioner seeks medical and dementia powers. Medical Capacity Declaration with dementia attachment filed in support. However, sections 3(a) re: two years experience in diagnosing dementia along with sections 9(a)(b) to the dementia attachment re placement and medications are incomplete. Need completion via verified supplement.

4. Need appointment of counsel and report of same (dementia powers requested). 5. Need Court Investigator’s Report. 6. Need return of Citation. 7. Need Certificate of Completion re Conservatorship Class.

RECOMMENDATION: Court to appoint counsel, need to clear notes then Court’s determination re bond. If approved, set hearing for Compliance Review for 07/05/11 for the filing of the following: proof of service of Order with Notification of Conservatee’s rights per

Pr.C.§1830(c); Care Plan per Pr.C.§2352.5; Inventory & Appraisal, and proof of service of I&A and Instructions for Objection per Pr.C.§2610; recordation of letters if applicable per Pr.C.§2313. Set hearing re Accounting Review for 02/07/12. Any accounting to be filed 30 days in advance. (vet)

Superior Court of Calif, County of San Bernardino Page: 24 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0600027 CASE NAME: CHRISTOPHER GERLACH HEARING: SECOND Account and Report of EDWIN L GERLACH and Petition for allowance of fees filed. COUNSEL: EDWIN L GERLACH (PET)...MCPETERS MCALEARNEY SHIMOFF & TRUDI A GERLACH (PET)...MCPETERS MCALEARNEY SHIMOFF & EDWIN LEONARD GERLACH JR (CPE)...MCPETERS MCALEARNEY SHIMOFF TRUDI ADDISON GERLACH (CPE)...MCPETERS MCALEARNEY SHIMOFF & CHRISTOPHER GERLACH (CEP)(CEE)... GENERAL INFORMATION Continued from 10/12/10 due to non-appearances. Court orders counsel to be present. Notice given by courtroom clerk. THIS CASE IS SET FOR HEARING ON 2nd Account Current and Petition for Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Accounting period 04/01/08 to 03/31/10 (2 years). 2. Assets on hand $1,485,552.40 consisting of $262,359.40 cash, $1,080,275 in CD’s

mutual funds of $20,000 and the balance in bonds. 3. Petitioner, Trudi Gerlach, has been paid for caring for conservatee pursuant to the

Court Order of 10/18/07, a total of $54,930.00. 4. Attorney requests fees of $9,090.50. Billed at $215/hour for 38.20 hours attorney

time and $75/hour for 11.70 hours paralegal time. Itemized. JTD. 5. Bond is currently fixed at $1,632,000. Appears adequate.

RECOMMENDATION: RFA subject to Court’s discretion re fees. If approved, Court may wish to set the next hearing re Accounting Review for 10/18/11 or a biennial Accounting Review for 10/16/12 per Pr.C.§2620(a). Any accounting to be filed 30 days in advance. (vet/vet)

Superior Court of Calif, County of San Bernardino Page: 25 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0600079 CASE NAME: STEVEN WESTERFIELD HOLMAN HEARING: Accounting Review COUNSEL: WESLEY G HOLMAN (PET)...PRO/PER ALMA D LUJAN (PET)...PRO/PER STEVEN WESTERFIELD HOLMAN (PCE)... DAVID W HOLMAN (SC )...PRO/PER DAVID W HOLMAN (CPE)...PRO/PER STEVEN WESTERFIELD HOLMAN (CEP)... GENERAL INFORMATION Continued from 05-11-10 due to non-appearance by petitioner. Court instructs Court investigator to assist the Conservator with the filing of a waiver of accounting. Notice given by courtroom clerk. Continued from 7/13/10 due to non-appearance. Court again requests that CI assist Conservator with waiver. Notice given by Clerk’s Office. Notes below are from hearing on 5/11/10, as nothing new has been filed. Continued from 10/05/10. Court refers matter to CI for assistance in filing waiver of accounting. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1 On 04-21-09, Court approved an Ex Parte Petition to Dispense with Accounting and order approving; accounting now due covering the period 03/08/08 to 03/07/09.

2 No accounting or waiver of accounting filed. RECOMMENDATION: When an accounting is not filed as required, the court shall take action as specified in Pr.C. § 2620.2. No bond company to notice. (vet/vet//smj/vet)

Superior Court of Calif, County of San Bernardino Page: 26 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0700031 CASE NAME: HAROLD EASTLE JOHNSTON

SEE ALSO 27-29 HEARING: Motion Re: TO BE RELIEVED AS COUNSEL Filed by Petitioner MICHAEL L JOHNSTON COUNSEL: LORAL L JOHNSTON (CP )...DAVID GROSSMAN HAROLD EASTLE JOHNSTON (CTP)...DUANE P BOOTH LORAL L JOHNSTON (PET)...DAVID M GROSSMAN HAROLD EASTLE JOHNSTON (CEP)...DUANE P BOOTH MICHAEL L JOHNSTON (PET)...SHEASBY, CHO & MIDDLETON HAROLD E JOHNSTON (CEP)... MICHAEL L JOHNSTON (SC )...SHEASBY, CHO & MIDDLETON HAROLD ESTLE JOHNSTON (CEP)... LORAL JOHNSTON (CPE)...DAVID M GROSSMAN HAROLD E JOHNSTON (CEP)... LORAL JOHNSTON (PET)...DAVID M GROSSMAN HAROLD E JOHNSTON (CTE)... MICHAEL L JOHNSTON (RES)...SHEASBY, CHO & MIDDLETON GENERAL INFORMATION Continued from 06/28/10. Court and counsel confer in chambers off the record. Court notes no further research is needed for this hearing. Continued from 07/27/10, 08/31/10 and 10/05/10. THIS CASE IS SET FOR HEARING ON Motion to be relieved as counsel THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED-

1. Petitioner, Attorney Matthew Sheasby, represents Michael Johnston. Petitioner alleges the attorney-client relationship has deteriorated and petitioner is not able to adequately represent client. Petitioner therefore requests to be relieved as attorney of record.

2. There is no opposition in the file. RECOMMENDATION: Court’s discretion. (kra////vet) FUTURE HEARINGS 1/31/11 Accounting Review


SEE ALSO 26-29 HEARING: Motion Re: APPLICATION OF MICHAEL JOHNSTON FOR ORDER COMPELLING ATTENDANCE Filed by Respondent MICHAEL L JOHNSTON COUNSEL: LORAL L JOHNSTON (CP )...DAVID GROSSMAN HAROLD EASTLE JOHNSTON (CTP)...DUANE P BOOTH LORAL L JOHNSTON (PET)...DAVID M GROSSMAN HAROLD EASTLE JOHNSTON (CEP)...DUANE P BOOTH MICHAEL L JOHNSTON (PET)...SHEASBY, CHO & MIDDLETON HAROLD E JOHNSTON (CEP)... MICHAEL L JOHNSTON (SC )...SHEASBY, CHO & MIDDLETON HAROLD ESTLE JOHNSTON (CEP)... LORAL JOHNSTON (CPE)...DAVID M GROSSMAN HAROLD E JOHNSTON (CEP)... LORAL JOHNSTON (PET)...DAVID M GROSSMAN HAROLD E JOHNSTON (CTE)... MICHAEL L JOHNSTON (RES)...SHEASBY, CHO & MIDDLETON No notes – Judge to decide. FUTURE HEARINGS 1/31/11 Accounting Review


SEE ALSO 26-29 HEARING: Motion Re: TO STRIKE CONSTRUCTIVE TRUST, PUNITIVE DAMAGES ATTORNEY FEES Filed by Respondent MICHAEL L JOHNSTON COUNSEL: LORAL L JOHNSTON (CP )...DAVID GROSSMAN HAROLD EASTLE JOHNSTON (CTP)...DUANE P BOOTH LORAL L JOHNSTON (PET)...DAVID M GROSSMAN HAROLD EASTLE JOHNSTON (CEP)...DUANE P BOOTH MICHAEL L JOHNSTON (PET)...SHEASBY, CHO & MIDDLETON HAROLD E JOHNSTON (CEP)... MICHAEL L JOHNSTON (SC )...SHEASBY, CHO & MIDDLETON HAROLD ESTLE JOHNSTON (CEP)... LORAL JOHNSTON (CPE)...DAVID M GROSSMAN HAROLD E JOHNSTON (CEP)... LORAL JOHNSTON (PET)...DAVID M GROSSMAN HAROLD E JOHNSTON (CTE)... MICHAEL L JOHNSTON (RES)...SHEASBY, CHO & MIDDLETON No notes – Judge to decide. FUTURE HEARINGS 1/31/11 Accounting Review


SEE ALSO 26-28 HEARING: Petition for DEMURRER TO PETITIONER LORAL JOHNSTON FIRST AMENDED PETITION, DEMURRER COUNSEL: LORAL L JOHNSTON (CP )...DAVID GROSSMAN HAROLD EASTLE JOHNSTON (CTP)...DUANE P BOOTH LORAL L JOHNSTON (PET)...DAVID M GROSSMAN HAROLD EASTLE JOHNSTON (CEP)...DUANE P BOOTH MICHAEL L JOHNSTON (PET)...SHEASBY, CHO & MIDDLETON HAROLD E JOHNSTON (CEP)... MICHAEL L JOHNSTON (SC )...SHEASBY, CHO & MIDDLETON HAROLD ESTLE JOHNSTON (CEP)... LORAL JOHNSTON (CPE)...DAVID M GROSSMAN HAROLD E JOHNSTON (CEP)... LORAL JOHNSTON (PET)...DAVID M GROSSMAN HAROLD E JOHNSTON (CTE)... MICHAEL L JOHNSTON (RES)...SHEASBY, CHO & MIDDLETON No notes – Judge to decide. FUTURE HEARINGS 1/31/11 Accounting Review

Superior Court of Calif, County of San Bernardino Page: 30 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0700214 CASE NAME: ELIZABETH V. WYMAN HEARING: Accounting Review COUNSEL: BRUCE WYMAN (CPE)...ALLAR, SHELTON & O'CONNOR ELIZABETH V WYMAN (CEP)... GENERAL INFORMATION Continued from 12/23/08, as matter was in wrong courtroom. Continued from 3/10/09 as a 170.6 was filed. Continued from 5/11/09 for Judge Welch to hear matter. Continued from 6/22/09 at request of counsel. Continued from 8/17/09 at request of counsel. Conservatee passed away in July, 2009. Continued from 10/26/10, 01/12/10, 04/13/10, 07/13/10 and 09/21/10 at request of counsel. THIS CASE SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. No accounting has been filed. Need first accounting for 09/18/07 – date of conservatee’s death and final accounting from date of death to current period.

2. No inventory and appraisal filed. Need same. RECOMMENDATION When an inventory and appraisal is not filed as ordered, court may set a hearing in accord with Pr.C. § 2614.5 and/or 8505. When an accounting is not filed as required, the court shall take action as specified in Pr.C. § 2620.2. There is no bonding company to notice. (cbr/NMT/kra/fhl///vet)

Superior Court of Calif, County of San Bernardino Page: 31 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0800205 CASE NAME: EVERETT R. HAMM HEARING: Accounting Review COUNSEL: BEPPI HUTMIRE (CPE)...RICHARD M. GHAN EVERETT R HAMM (CEP)... BEPPI HUTMIRE (CPE)...RICHARD M. GHAN EVERETT R HAMM (CEP)... GENERAL INFORMATION Continued from 08/10/10 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. Beppi Hutmire appointed temporary conservator, person and estate, on 08/12/08. General letters, person only, issued 06/09/09.

2. No accounting or waiver of accounting filed. 3. As the conservatee has died, a post-death accounting must also be included per

Pr.C. §2620(b). Need accounting to include post-death accounting (08/12/08 – current date).

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

Superior Court of Calif, County of San Bernardino Page: 32 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: CON PS0900241 CASE NAME: CHAD DAVIDSON BOLEY HEARING: Conservatorship Compliance Review Hearing on PETITION FOR CONSERVATORSHIP of SHAWN M BOLEY COUNSEL: SHAWN M BOLEY (CPE)...D M DAVIS CHAD DAVIDSON BOLEY (CEP)... GENERAL INFORMATION Continued from 10/19/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Compliance Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Shawn M. Boley appointed temporary conservator, person and estate on 12/15/09, $84,000 bond. General conservatorship granted 03/18/10, $84,000 bond.

2. Care Plan filed. 3. Final Inventory & Appraisal filed. 4. Need proof of service of Inventory & Appraisal including Instructions for Objection

per Pr.C.§2610 (form GC-042). 5. Court Investigator 6 month report filed.

RECOMMENDATION: Need to clear note 4. When documents are not filed as ordered, court may set a hearing in accord with Pr.C.§2655. (vet/vet) FUTURE HEARING 1/11/11 Accounting Review 5/17/11 Accounting Review (VACATE – duplicate hearing)

Superior Court of Calif, County of San Bernardino Page: 33 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: RC RS659 CASE NAME: IN THE MTTR OF DAVID J OMLIN HEARING: Accounting Review COUNSEL: ELSIE L. OMLIN (PET)...ALLAR, SHELTON & O'CONNOR DAVID JOSEPH OMLIN (PCE)... GENERAL INFORMATION: Continued from 10/20/09 No appearance. Clerk mailed notice. Continued from 01/05/10 on court’s motion. Notice given by courtroom clerk. Continued from 02/23/10 at request of counsel to file accounting. Continued from 04/13/10 at request of counsel. Continued from 06/15/10 on court’s motion to clear notes. Court orders Attorney Keith Walker to be present at this hearing. Notice given by courtroom clerk. Continued from 07/20/10 and 10/05/10 at request of counsel. THIS CASE SET FOR HEARING ON Accounting Review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Ninth accounting approved on 10/16/07. 2. Need 10th accounting for 06/01/07 – 05/31/10.

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

Superior Court of Calif, County of San Bernardino Page: 34 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: SC SS02485 CASE NAME: MTR OF EDUARDO RICARDO TORRES

VACATED HEARING: Accounting Review COUNSEL: ROSA MARIE L. TORRES (CPE)...PRO/PER EDUARDO RICARDO TORRES (CEP)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. On 10/29/08, Court approved an Ex Parte Petition to Dispense with Accounting; accounting now due covering the period 09/26/08 to 09/25/10.

2. No accounting filed or waiver of accounting filed.


Superior Court of Calif, County of San Bernardino Page: 35 San Bernardino Superior Court CIVPRO San Bernardino District PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: SG SS5787 CASE NAME: IN THE MTTR OF WILLIAM T STAMER HEARING: Accounting Review COUNSEL: WILLIAM T STAMER (MIN)... ROBERT STAMER (GUA)...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. On 01/14/09, Court approved an Ex Parte Petition to Dispense with Accounting; accounting now due covering the period 10/01/08 to 09/30/10.

2. No accounting filed or waiver of accounting filed.


Superior Court of Calif, County of San Bernardino Page: 36 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: VC VS389 CASE NAME: IN THE MATTER OF ALISON MARIE MARTINEZ HEARING: Hearing Re: Transfer to Los Angeles County COUNSEL: CAROLINE MARTINEZ (PLA)... ROBERT Y MARTINEZ (PLA)... ALISON MARIE MARTINEZ (PLA)... GENERAL INFORMATION: THIS CASE SET FOR HEARING ON Transfer to Los Angeles THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. Robert Y. Martinez and Caroline Martinez appointed co-conservators, person only, on 10/02/92. Letters issued on 12/21/04.

2. Matter set per Court Investigator’s Interoffice Memo filed 09/02/10. Does Court wish to waive transfer fees? JTD.

RECOMMENDATION Court’s discretion. (vet)

Superior Court of Calif, County of San Bernardino Page: 37 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: SC SS02507 CASE NAME: MTR RE WILLIE REYNOLDS

SEE ALSO 38

HEARING: Petition for WITHDRAWAL OF FUNDS FROM BLOCKED ACCOUNT

COUNSEL: BARBARA THOMPSON (PET)...ANNETTE G DE BELLEFEUILLE WILLIE REYNOLDS (CEP)...WALTER T MOORE See next matter #38.

Superior Court of Calif, County of San Bernardino Page: 38 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: SC SS02507 CASE NAME: MTR RE WILLIE REYNOLDS

SEE ALSO 37

HEARING: FOURTH Account and Report of BARBARA THOMPSON and Petition for allowance of fees filed. COUNSEL: BARBARA THOMPSON (PET)...ANNETTE G DE BELLEFEUILLE WILLIE REYNOLDS (CEP)...WALTER T MOORE GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON 4th Account Current and Petition for Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Account period covers 01/01/09 to 12/31/09. 2. Assets on hand $187,051.09 of which $186,991.09 is in cash and $60.00 in real

property. 3. Bond is set at $64,000 and appears adequate. Currently all but $14,297.29 is in

a blocked account and conservatee receives an income of approximately $17,000. Petitioner alleges that the annual cost of care and administration is approximately $49,000/year and requests that the Court authorize the unblocking of $32,500 for the care of conservatee for the year. JTD.

4. Account statements filed. However, transaction statements are provided as to the Citibank Account and Wells Fargo Account. Need original bank account statements for Citibank and Wells Fargo Accounts ***711 and ***660.

5. Conservatee lives in petitioner’s home. Petitioner waives compensation, but requests the Court authorize a monthly allowance/payment to petitioner of $200/month ($1,200/year) to offset the costs of food, gasoline, and utility expenses that petitioner incurs as a result of her mother living in petitioner’s home.

6. Attorney requests fees and costs of $2,187.50. Billing is based on a rate of 6.4 hours attorney time at $275/hour and .2 paralegal hours at $75/hour for a total of 6.6 hours and $162.50 in costs incurred. Itemized.

7. Petitioner requests authorization to change the blocked accounts from Citibank and Wells Fargo to any California bank or savings and loan of her choosing within the next accounting period and is to file proof of the new blocked accounts with the Court within 3 weeks of having done so. JTD.

8. Need Notice of Hearing with proof of service. RECOMMENDATION: Need to clear notes 4 & 8 then Court’s determination re: notes 3 & 7. Court to set next hearing re Accounting Review for 12/06/11. Accounting to cover the period of 01/01/10 to 12/31/10. Any accounting to be filed 30 days in advance. (vet)

Superior Court of Calif, County of San Bernardino Page: 39 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: J MICHAEL WELCH ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S33P ---------------------------------------------------------------------- CASE#: SC SS02972 CASE NAME: MTR OF HELEN B LIVOLSI HEARING: Petition for FEES AND COST FOR ATTORNEY COUNSEL: VINCENT C LIVOLSI (CPE)...EDWARD B FISCHEL HELEN B LIVOLSI (CEP)...E. JOAN NELMS JEANETTE LIVOLSI-MCKOVICH (CPE)...ROGER VON KAESBORG HELEN B LIVOLSI TRUST (TRU)... GENERAL INFORMATION: THIS CASE SET FOR HEARING ON Petition for Fees and Compensation. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. Petitioner alleges that services have been rendered for which counsel has not been compensated.

2. Attorney requests fees of $8,675.00. Billed at $250/hour for 34.7 hours attorney time. Itemized.

3. Attorney requests reimbursement for advanced costs in the amount of $411. Itemized.

4. Petitioner alleges that all of the Conservatee’s assets are held in the Helen B. Livolsi Trust dated 07/25/03 and contain sufficient assets with which to pay the fees and costs requested. Petitioner requests the Court authorize and direct Vincent Livolsi, trustee of the trust, to pay such sums to Petitioner from the assets of said trust.

5. Need Notice of Hearing with proof of service. RECOMMENDATION Require notice then Court’s discretion. (vet) FUTURE HEARING: 11/08/11 Accounting Review

Superior Court of Calif, County of San Bernardino Page: 40 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR

HONORABLE: J MICHAEL WELCH MISC. ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 3:00 DEPT: S33P ---------------------------------------------------------------------- CASE#: SPR SS07190 CASE NAME: TRUST OF WILLIAM J FLANAGAN ET AL

SEE ALSO 21 HEARING: Petition for ACCOUNTING & REPORT OF TRUSTEE, DONALD

FLANAGAN REQUEST FOR TRUSTEE FEES & PROPOSED DISTRIBUTE

COUNSEL: DAVID E FLANAGAN (PET)...PRO/PER BILLY CAROLE FELCHER (PET)...E LAWRENCE BROCK X REFERENCE SPRSS06843 (9/27/11 FINAL DISCHARGE) Added to calendar after completion of this check. Notes will be available upon second check.

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

HONORABLE: CYNTHIA LUDVIGSEN PROBATE

---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000188 CASE NAME: HERSCHEL W WHITE III TRUST

SEE ALSO 1A HEARING: Probate status report filed. COUNSEL: HERSCHEL W WHITE III TRUST (TRU)... JEFFREY W PHILLIPS (TEE)...ALBREKTSON L AW OFFICES NO FILE AVAILABLE FOR REVIEW.

Superior Court of Calif, County of San Bernardino Page: 1A CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000188 CASE NAME: HERSCHEL W WHITE III TRUST

SEE ALSO 1 HEARING: HEARING RE: CREDITORS CLAIM. COUNSEL: HERSCHEL W WHITE III TRUST (TRU)... JEFFREY W PHILLIPS (TEE)...ALBREKTSON L AW OFFICES NO FILE AVAILABLE FOR REVIEW.

Superior Court of Calif, County of San Bernardino Page: 1B CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000042 CASE NAME: YVONNE GAIL PASTELLA HEARING: Petition for REPORT OF EXECUTRIX PTN FOR WAIVER OF ACCOUNT ETC COUNSEL: K. DANIELLE GUZENSKE (PET)...LAURA WIDDIS YVONNE GAIL PASTELLA (DEC)... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Petition for Final Distribution upon Waiver of Account and for Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters Testamentary issued 03/03/10, limited authority, no bond. 2. Assets on hand $13,274.02 in cash. 3. Sole beneficiary waives accounting. 4. Petitioner requests statutory fees of $5,206.52. Calculated. 5. Petitioner requests reimbursement of costs of $1,071.40. Generally itemized. 6. Attorney requests statutory fees of $5,206.52. Calculated. 7. Attorney waives extraordinary fees. 8. Petitioner requests authority to withhold $1,000 as a reserve for closing costs.

JTD. 9. Petitioner has abandoned the real property located at 19165 Centennial Street,

Hesperia, CA, 92345 and stipulated with Creditors and their assignees to proceed to sell the property by Trustee Sale without objection and waiver of any right to recover any expenses incurred in administering the property. Petitioner requests that the Court sign attached Stipulation and Order Consenting to Trustee’s Sale and Waiving Recovery of Administrative Fees acknowledging that the estate has abandoned this property, consents to the sale of the property and will not seek recovery of any expenses incurred in connection with the property (see red tab). Question the authority to abandon/sell the real and personal property prior to obtaining Court authority? Need verified supplement.

10. Need Notices of Proposed Action with proof of service. 11. Need Notice of Hearing with proof of service.

RECOMMENDATION Need to clear notes. If approved, set hearing re receipts and final discharge for 12/06/11. (vet) FUTURE HEARINGS 05/11/11 Accounting Review

Superior Court of Calif, County of San Bernardino Page: 2 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000480 CASE NAME: RUTH E RYDER HEARING: Petition for ORDER TO COMPEL AN ACCOUNTING OF ATTORNEY IN FACT COUNSEL: GORDON C RYDER (PET)...THOMAS W DOMINICK RUTH E RYDER (CEE)... GEORGE RYDER (HARTNELL LAW GROUP )...HARTNELL GENERAL INFORMATION: Continued from 08/03/10 at request of counsel. Nothing new filed. THIS CASE IS SET FOR HEARING ON Petition for Order to Compel an Accounting of Attorney In Fact, George Ryder. Pr. C. §§ 4540; 4541(c); 4545(b). THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Petitioner is one of three children of the Decedent and alleges he is entitled to receive and undivided on-third interest in and to Decedent’s property under the laws of intestacy. Decedent died on 01/28/07 and a petition for administration of Decedent’s estate has not been filed.

2. Petitioner alleges that on or about 02/29/00, Decedent granted a General Power of Attorney to George Ryder, as her attorney-in-fact. Petitioner believes that from at lease 04/21/03 until Decedent’s death, Respondent engaged in actions on Decedent’s behalf pursuant to the power of attorney. Petitioner indicates that written demands were made through previous counsel on 04/19/09 and on 03/03/10 through current counsel, of Respondent to provide an accounting of his actions as attorney-in-fact. Petitioner maintains that despite these demands, Respondent has failed and refused to provide an account in the form and manner required by law.

3. Petitioner requests this Court to issue an order compelling Respondent to prepare and file a full account and report of his acts as attorney-in-fact for Decedent, in proper verified form, for the period commencing on the date the

power of attorney was executed (02/29/00) through and including the present date.

4. Petitioner requests reasonable attorneys’ fees and costs incurred in prosecuting this petition according to proof.

5. Notice complete. 6. Reply filed by George Ryder on 07/30/10.

RECOMMENDATION: Court’s discretion. (vet/vet)

Superior Court of Calif, County of San Bernardino Page: 3 CIVPRO San Bernardino District - Civil PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO DS1000574 CASE NAME: AURORA FRANCO HEARING: Hearing Re: ORDER TO SHOW CAUSE SANCTIONS FTA (VANESSA FRANCO) COUNSEL: VANESSA FRANCO (PET)...PRO/PER AURORA FRANCO (DEC)... GENERAL INFORMATION: THIS CASE SET FOR HEARING ON OSC re Sanctions/Failure to Appear THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. Matter set at hearing held 10/21/10 due to non-appearance. Vanessa Franco ordered to appear. Notice given by courtroom clerk.

2. Ex Parte Letters of Special Administration granted 08/09/10, no bond. Need Letters of Special Administration.

3. Note: At the time the special letters were granted, the Court ordered that should the real property (the sole asset of the estate) sell, the net proceeds shall be placed in a blocked account.

4. Petitioner alleges all heirs have waived bond. However, need bond waiver from Veronica Avila.

RECOMMENDATION Court’s discretion. (gls/smj/vet)

Superior Court of Calif, County of San Bernardino Page: 4 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0600060 CASE NAME: GLORIA BLOOM HEARING: FIRST AND FINAL Account and Report of GARY BLOOM and Petition for allowance of fees filed. COUNSEL: RANDI GUERRERO (PET)...PRO/PER GLORIA BLOOM (DEC)... GARY BLOOM (PET)...PRO/PER RANDI GUERRERO (PET)...PRO/PER GLORIA BLOOM (DEC)... GLORIA BLOOM (DEC)... GARY BLOOM (TEE)...PRO/PER X REFERENCE SC 02552(FD FILED 3/04/10) GENERAL INFORMATION: Continued from 09/07/10 on Court’s motion. Continued from 12/10/10 at request of Gary Bloom. THIS CASE IS SET FOR HEARING ON First and Final Account and Petition for Fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Accounting period 05/16/08 to 05/15/10 (2 years). 2. Assets on hand $31,693.54. 3. Petitioner, Gary Bloom, appointed Successor Trustee on 01/17/08. Need

accounting for period beginning 01/17/08. Supp: Declaration of former attorney, Annette DeBellefeuille, explains that although the current account begins 4 months after the date of appointment, the account actually picks up where the last account (conservatorship) ended.

4. Petitioner alleges net proceeds from the Suburban loan, against the real property, was $184,111.96 as appraised by the Suburban Group for loan purposes. Does Court wish to require loan documents? JTD.

5. Settlement reached and signed stipulation read onto the record and signed by the Court on 04/27/09. However, stipulation indicates that if the property did not sell within 3 months of listing, Ms. DeBellefeuille was to draft a Real Property Partnership Agreement. Review of the file does not include said agreement. Need same. Supp: Attorney DeBellefeuille declares that the settlement did not mandate said Agreement be drafted, and that the Agreement never was drafted.

6. Petitioner/Trustee and Trustee’s counsel were entitled to receive a sum certain for their services from the settlement in the amount of $11,830.45. Attorney deBellefeuille took her fees after the final accounting on 06/15/10 and Mr. Bloom took half his fees and is still entitled to the remaining fees which are held in the attorney-client trust account.

7. Disbursements – Schedule C requires further clarification via verified supplement as to the following:

a. Petitioner indicates he has paid himself a fee of $2,700 on 12/16/09 for “labor”;

b. Costs (photo, copies and postage) not normally allowed under Local Rule of Court 20-909 totaling $211.26;

c. Disbursements to Sherri Abergel totaling $750.00; d. Reimbursements for estate costs to Gary Bloom totaling $3,648.80.

8. Need bank/investment statements verifying beginning and ending balances per Local Rule 20-908.

9. Petitioner alleges the remaining funds are needed to keep paying the mortgage on the house until the 3 siblings can finalize the sale of the home. Therefore, petitioner proposes to place the funds into a money market account that requires the signature of all 3 siblings after Mr. Bloom finishes paying himself as trustee. Court may wish to require all 3 siblings to agree to this arrangement. Also, question the feasibility of signing checks by all 3 as the beneficiaries do not live in close proximity to each other? Need verified supplement.

10. No objections as of the review of this file. RECOMMENDATION: Need to clear notes. If approved, court to set hearing on filing of receipts and final discharge for 10/18/11. (vet/gls/vet/smj/vet)

Superior Court of Calif, County of San Bernardino Page: 4A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0701146 CASE NAME: MTR OF ELVIRA HAYES HEARING: WAIVER OF FIRST AND FINAL Account and Report of ROBERT A FLORES and Petition for allowance of fees filed. COUNSEL: ROBERT A FLORES (PET)...SKVARNA LAW FIRM ELVIRA HAYES (DEC)... ROBERT A FLORES (PET)...SKVARNA LAW FIRM ELVIRA HAYES (DEC)... GENERAL INFORMATION: Continued from 10/26/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Final Distribution upon Waiver of Account and for fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters Testamentary issued 01/30/08, no bond. 2. Sole beneficiary waives accounting. 3. Assets on hand $250,000. 4. Petitioner waives statutory compensation. 5. Attorney requests statutory fees of $8,000 to be taken as a lien against the estate’s

real property. Calculated. 6. Attorney requests reimbursement of costs of $1,381.40 to be taken as a lien

against the estate’s real property. Not Itemized. Need verified supplement. RECOMMENDATION Need to clear note 6. If approved, court to set hearing on filing of receipts and final discharge for 12/06/11. (vet/vet)

Superior Court of Calif, County of San Bernardino Page: 4B CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0700606 CASE NAME: MTR OF TRANQUILINA EDJEC CINCO

SEE ALSO 4C HEARING: FINAL DISTRIBUTION & WAIVER OF Account and Report of TALITHA CINCO and Petition for allowance of fees filed. COUNSEL: TALITHA CINCO (PET)...MICHEAL G NUTTER TRANQUILINA EDJEC CINCO (DEC)... COMPANION CASE PRO700608 Added to calendar after completion of this check. Notes will be available upon second check.

Superior Court of Calif, County of San Bernardino Page: 4C CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0700608 CASE NAME: MTR OF DOMINGO TAMPUS CINCO JR

SEE ALSO 4B HEARING: FINAL DISTRIBUTION & WAIVER OF Account and Report of TALITHA CINCO and Petition for allowance of fees filed. COUNSEL: TALITHA CINCO (PET)...MICHEAL G NUTTER DOMINGO TAMPUS CINCO JR (DEC)... COMPANION CASE PRO0700606 Added to calendar after completion of this check. Notes will be available upon second check.

Superior Court of Calif, County of San Bernardino Page: 4D CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0800010 CASE NAME: MARY MARGARET ROWE HEARING: Accounting Review COUNSEL: JOHN M BYLSMA (PET)...ALLARD, SHELTON & O'CONNOR MARY MARGARET ROWE (DEC)... Added to calendar after completion of this check. Notes will be available upon second check.

Superior Court of Calif, County of San Bernardino Page: 5 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0800228 CASE NAME: THE JO ANNF CLARK REVOCABLE LIVING TRUST HEARING: FIRST Account and Report of JEFFREY N. CLARK and Petition for allowance of fees filed. COUNSEL: SCOTT ALAN CLARK (PET)...HORSPOOL & PARKER THE JO ANN F CLARK REVOCABLE L(TRU)... JEFFREY N. CLARK (PET)...SELTERS & SELTERS JEFFREY N. CLARK (OBJ)...SELTERS & SELTERS GENERAL INFORMATION THIS CASE SET FOR HEARING ON FIRST Account and Report of JEFFREY N. CLARK and Petition for allowance of fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. Need Notice of Hearing with proof of service. 2. This accounting purports to account for the $21,000 of escrow proceeds

delivered to Attorney Selters per court order with a listing of disbursements. However, charges and credits do not appear to be properly presented per Pr. C. § 1061(b). It cannot be determined whether or not this accounting balances. Need to file proper accounting to comply with Pr.C. §§ 1060, 16063 et seq.

3. Petitioner alleges that the sole cash account as of July 1, 2008 was a Wells Fargo Account kept solely by Scott Clark and Linda Mansour, Trustees. Petitioner maintains that the account was opened with only Mr. Clark and Ms. Mansour as the named trustees and excluding petitioner. Petitioner alleges that he has requested details and that the bank has refused to give him any information at the direction of Mr. Clark and Ms. Mansour.

4. Assets on hand $17,067.36. 5. Accounting period 07/06/07 to 06/30/08. 6. Petitioner indicates that as of the cutoff of this accounting, the property at

Greenworth has been sold and the proceeds were released by court order

(02/04/09). Petitioner further alleges that verification of these funds into a blocked account was never verified.

7. Petitioner does not request fees or costs. However, Petitioner acknowledges that a further accounting is necessary and that this accounting is in an effort to account for the initial period, where, petitioner was paying and handling all the property expenses and property maintenance. Petitioner requests the right to reserve further requests for reimbursements for costs advanced for this trust. JTD.

8. Attorney requests fees of $10,507.50. Billed at $225/hour for 46.71 hours. Itemized. JTD.

9. Need bank/investment statements verifying balances per Local Rule 20-908. 10. Need copies of escrow closing statements per Local Rule 20-910. 11. This accounting does not appear to be a true and complete accounting of the

trust estate and should be deemed in the nature of a status report. There is insufficient information and known defects that should preclude the Court from approving this accounting period. JTD.

12. No objections as of the review of this file. RECOMMENDATION Need to clear notes. If approved, set next hearing re Accounting Review/Status Report for 12/06/11. Any accounting to be filed 30 days in advance. (vet)

Superior Court of Calif, County of San Bernardino Page: 5A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0800994 CASE NAME: ALVILLAR FAMILY TRUST DATE 2/17/04 HEARING: Petition for Removal of Trustee and Appointment of Successor Trustee, Compel Accounting of Trustees, Etc. COUNSEL: DAVID ALVILLAR (PET)...FULLERTON LEMANN SCHAEFFER & D DAVID ALVILLAR (PET)...FULLERTON LEMANN SCHAEFFER & D ALVILLAR FAMILY TRUST DATE 2/1(TRU)... ARTHUR ALVILLAR (OBJ)...ROBERT L WISHNER GENERAL INFORMATION: Continued from 03-02-10 at request of counsel. Parties have settled and need time to finalize the settlement. Continued from 05-04-10 at request of counsel to confirm settlement is finalized. Continued from 07/20/10, 09/07/10 and 10/26/10 at request of counsel to obtain signatures on settlement agreement. Nothing new filed. THIS CASE IS SET FOR HEARING ON Petition for Removal of Trustee, Appointment of Successor Trustee, to Compel Accounting, to Compel Redress Breach of Trust by Payment of Damages or Alternatively, that Trustee Post Bond. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Notice of Hearing with proof of service filed. However, notice does not include Carrie Alvillar, Ignacio Alvillar Jr., Velma Alvillar, Minerva Alvillar and Ralph Alvillar. Need proper notice.

2. On 10-14-09, petitioner’s order was granted for determining that filing of this proposed petition does not violate the terms of the no-contest clause in decedent’s trust.

3. Petitioner is the son and a beneficiary of the Alvillar Family Trust dated 02-17-04. The original settlors, Ignacio Alvillar died in 2006 and the second settlor, Mercedes Alvillar, died in January 2007. The trust became irrevocable by virtue of death of both settlors and upon the death of the second settlor, Arthur Avillar,

has been and is now the acting successor trustee of the trust. Petitioner alleges that despite the passage of more than one year since trustor’s passing, the successor trustee has failed to administer the Trust according to its terms and has failed and refuses to properly account for his administration of the Trust to any of the trust beneficiaries.

4. Petitioner requests this Court to order Arthur Avillar to file an account and report his acts as Trustee of the Trust in proper verified form. The court has the power to compel the trustee to report information about the trust or to account if the trustee fails to submit the report within 60 days after written demand and no report or account has been made within six months preceding the request. (Pr.C. § 17200(b)(7)). Here, petitioner alleges that Trustee has failed and refused to account. Question whether written request has been made to Arthur Avillar for an accounting and whether 60 days has elapsed since such request per Pr.C. § 17200(b)(7)?

5. Petitioner further believes and alleges that Arthur Alvillar has taken possession of property of the Trust and utilized and/or misappropriated same for his own use and benefit, has failed to make trust property productive and has failed and refused to distribute all of the Trust assets to the trust beneficiaries, including petitioner. Due to Trustee’s failure to account and other alleged breaches of trust, Petitioner seeks removal of Arthur Alvillar as trustee and for petitioner to be appointed as Successor Trustee, according to the terms of the Trust. JTD

6. Petitioner requests that Arthur Alvillar be assessed damages pursuant to the provisions of Pr. C. § 16440 in an amount to be determined according to proof, plus interest at the legal rate. JTD

7. Alternatively, petitioner requests that Arthur Alvillar be required to post a bond in an amount to be determined to protect the interests of the beneficiaries and that the cost for said bond to be charged against him individually in addition for costs incurred herein. JTD

8. Set forth the name and address of each person entitled to notice, including Arthur Avillar. Pr.C. § 17201.

9. Set forth venue facts, as is required by Pr.C. § 17201. Need verified supplement.

10. Set forth facts establishing that this petition is authorized under Pr.C. § 17200 et seq. as is required by Pr.C. § 17201. Need verified supplement.

11. No objections filed as of the review of this file. RECOMMENDATION: Need to clear notes, then Court’s discretion. (vet/////vet)

Superior Court of Calif, County of San Bernardino Page: 6 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0801102 CASE NAME: KENNETH E VOCKE HEARING: Accounting Review COUNSEL: CAROL VOCKE (PET)...C.L. FARRELL KENNETH E VOCKIE (DEC)... GENERAL INFORMATION Continued from 06/07/10 at request of counsel. Counsel to file accounting by 07/02/10. Continued from 8/2/10 and 09/27/10 at request of counsel. THIS CASE SET FOR HEARING ON Accounting Review/Status. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters Testamentary issued 03/16/09, full authority $20,000 bond. 2. Need accounting or status report.

RECOMMENDATION When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C. § 11050 et seq. Clerk to notice bond company. (cbr/kra/vet)

Superior Court of Calif, County of San Bernardino Page: 6A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0900196 CASE NAME: RENATE E. YOUNG HEARING: OSC RE: FAILURE TO APPEAR/FAILURE TO FILE ACCOUNT COUNSEL: ROSE MARY YOUNG (PET)...D M DAVIS RENATE E. YOUNG (DEC)... GENERAL INFORMATION: THIS CASE SET FOR HEARING ON OSC re Failure to Appear/File Accounting THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED

1. Matter set at accounting review hearing held 10/26/10 due to non-appearance. Court ordered that accounting is to be filed by 11/30/10 or personal appearance is required. Notice given by courtroom clerk.

2. Letters Testamentary issued 09/24/09, no bond. 3. No accounting or status report of administration filed as of the review of this file.

RECOMMENDATION Court’s discretion. (vet)

Superior Court of Calif, County of San Bernardino Page: 7 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0900242 CASE NAME: CLARA ELNORA GAHAGAN

SEE ALSO 8 HEARING: Petition for PROBATE OF WILL AND FOR LETTERS OF ADMIN WITH WILL ANNEXED COUNSEL: RONALD L. GAHAGAN (PET)...D M DAVIS CLARA ELNORA GAHAGAN (DEC)... RUTH JEAN SMITH (PET)...D M DAVIS VIRGINIA A BERNHARDT (PET)...D M DAVIS DEPARTMENT OF HEALTH CARE SERV(TP )...PRO/PER Court to address the following matter prior to ruling on this hearing. GENERAL INFORMATION Continued from 09/14/10 and 10/19/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for successor letters of administration (will annexed), full authority. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters testamentary issued in 2009. Original executor is now deceased. This petition is for successor co-administration by daughters Ruth Smith and Virginia Bernhardt.

2. Petitioners allege that will waives bond. However, the will states that the named executor (not these petitions) shall serve without bond and therefore there is no waiver relevant here. Suggest $55,000 bond based upon estate value of same.

RECOMMENDATION RFA, $55,000 bond. If approved, set accounting review for 02/07/12. Accounting to be filed at least 30 days prior. Note Local Rule re filing of bank/investment statements. (abs/vet/smj/vet)

Superior Court of Calif, County of San Bernardino Page: 8 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0900242 CASE NAME: CLARA ELNORA GAHAGAN

SEE ALSO 7 HEARING: Accounting Review COUNSEL: RONALD L. GAHAGAN (PET)...D M DAVIS CLARA ELNORA GAHAGAN (DEC)... RUTH JEAN SMITH (PET)...D M DAVIS VIRGINIA A BERNHARDT (PET)...D M DAVIS DEPARTMENT OF HEALTH CARE SERV(TP )...PRO/PER GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON First and Final Account and Petition for Fees by Attorney for Deceased Executor, Ronald L. Gahagan. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters Testamentary issued 05/21/09, no bond. Executor passed away on 04/16/10.

2. Assets on hand $55,000 consisting of real property. 3. Petitioner requests 42% of statutory fees. However, statutory fees are not

calculated. Need same. 4. Petitioner requests reimbursement for advanced costs in the amount of $5,587.69.

Itemized. 5. Attorney is also counsel for the proposed successor co-administrators and will set

forth her statutory fees in their final account. 6. Attorney requests reimbursement for advanced costs in the amount of $35.00.

Itemized. 7. As this estate appears to be “cash poor,” question how petitioner proposes to pay

fees and costs? Need verified supplement. 8. There are two (2) creditor’s claims from Dept. of Health Care Services for

$7,675.00 and Portfolio Recovery Assoc. for $1,716.00. However, there are no

allowances or rejection notices in the file regarding these claims. File verified supplement confirming status of these claims.

9. Need statement regarding notice to Franchise Tax Board or notice per Pr. C. § 9202(c)(1).

10. Petitioner alleges that unpaid real property taxes remain unpaid totaling $12,371.19. Need further clarification via verified supplement as to the following:

a. Question how fees, etc. can be paid as noted above before satisfaction of tax liabilities with such outstanding liabilities?

b. Since unpaid taxes are a lien against the real estate regardless of ownership at the time they were incurred, question whether an agreement has been entered into with taxing authority for payment of the debt?

RECOMMENDATION: Need to clear notes. If approved, court to set hearing on filing of receipts and final discharge for 12-06-11. (vet)

Superior Court of Calif, County of San Bernardino Page: 8A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: PRO PS0900354 CASE NAME: JULIOUS V DARTHARD HEARING: Accounting Review COUNSEL: JIMMY V DARTHARD (PET)...MICHAEL A YOUNGE JULIOUS V DARTHARD (DEC)... METROPOLITAN NEWS COMPANY (TP )... NO FILE AVAILABLE FOR REVIEW.

Superior Court of Calif, County of San Bernardino Page: 9 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: RPR RS02708 CASE NAME: HUSNI H AWAD HEARING: Accounting Review COUNSEL: FATHI AWAD (PET)...DENNIS M ASSURAS HUSNI H AWAD (DEC)... GENERAL INFORMATION: Continued from 07/27/10 at request of counsel. Court reinstates powers of Faith Awad. Accounting to be filed by 08/21/10. Continued from 09/21/10 at request of counsel to file accounting. Nothing new filed. THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Letters of Administration issued 06/28/06, no bond. 2. No accounting or status report of administration filed.

RECOMMENDATION: When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C. §11050 et seq. (vet//vet)

Superior Court of Calif, County of San Bernardino Page: 10 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: RPR RS6296 CASE NAME: IN THE ESTATE OF RUSSELL E FOSS HEARING: Hearing re Final Discharge COUNSEL: GERALD R FOSS (PET)...LAMB MORRIS & LOBELLO RUSSELL EVERETTE SMITH FOSS (DEC)... GENERAL INFORMATION Continued from 06/29/09 at request of counsel to clear notes. Continued from 08/11/09 and 01/26/10 at request of counsel. THIS CASE SET FOR HEARING ON Final Discharge. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Order for Status of Final Distribution approved on 06/25/08. 2. Receipts filed. 3. Need Ex Parte Petition for Final Discharge and Order

RECOMMENDATION When final discharge order is not filed as ordered, court may set a hearing in accord with Pr.C. § 8505. (cbr/cbr//vet)

Superior Court of Calif, County of San Bernardino Page: 11 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 9:00 DEPT: S34P ---------------------------------------------------------------------- CASE#: VPR VS003204 CASE NAME: ESTATE OF FRED S BARTON SR HEARING: Accounting Review COUNSEL: DORIS M RELYEA (PET)...EDWARD G. OPERINI FRED S BARTON SR. (DEC)... SUZETTE BASTARDI (TP )...HEALEY & HEALEY GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting Review. THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED;

1. Letters of Administration w/Will Annexed issued 10/4/06, no bond. 2. Personal representative of predeceased spouse of decedent filed a petition under

Pr.C. §850 seeking transfer of property from this estate into the predeceased spouse’s estate. At hearing on 1/5/10, parties informed the Court that a settlement was reached and terms were recited for the record.

3. At review of settlement hearing on 8/17/10, counsel advised Court that they have reached an agreement and have signed the settlement.

4. Court set this Accounting review hearing for Doris Relyea. RECOMMENDATION: Need settlement and need accounting. (fhl)

Superior Court of Calif, County of San Bernardino Page: 12 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR

HONORABLE: CYNTHIA LUDVIGSEN CONSERVATORSHIPS

---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: RC RS00484 CASE NAME: FRANCES SANDOVAL HEARING: THIRD / CURRENT Account and Report of DEBRA LOPEZ and Petition for allowance of fees filed. COUNSEL: GEORGE GARCIA (PET)...CHRISTINA FERRANTE DEBRA LOPEZ (PET)...CHRISTINA FERRANTE FRANCES SANDOVAL (PCE)... DEBRA LOPEZ (CPE)...CHRISTINA FERRANTE FRANCES SANDOVAL (CEP)... DEBRA LOPEZ (PET)...CHRISTINA FERRANTE FRANCES SANDOVAL (CEP)...DONNASUE SMITH-ORTIZ GENERAL INFORMATION Continued from 10/19/10 at request of counsel. THIS CASE IS SET FOR HEARING ON 3rd Account Current and Petition for Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Linda Lopez appointed Temporary Conservatorship, person and estate, on 03/30/04, no bond. General Conservatorship, person and estate, granted 12/13/04, no bond.

2. Third accounting period covers 05/01/08 to 04/30/10 (2 years). 3. Assets on hand $945.61 consisting of cash. However, Summary of Account, item

13b, reflects non-cash assets of $3,500 which are not included in the total property on hand at the end of the accounting period (13c). Need corrected summary of account.

4. Petitioner waives compensation. 5. Attorney does not request compensation. 6. Petitioner maintains conservatee’s son, Tom Burciaga, was awarded the 1999

Dodge Neon as reimbursement for his family supplement in the last accounting

period. However, accounting does not include a schedule to account for vehicle’s disposition. Need amended accounting with applicable schedule.

7. Disbursements – Schedule C show payments totaling $417.88 for gas. Need further clarification via verified supplement.

8. Petitioner alleges that during this accounting period the estate assets did not exceed $15,000 exclusive of residence and the estate’s income was less than $2,000 exclusive of public benefits. Thus, it appears this estate qualifies for a waiver of account per Pr.C. § 2628. Petitioner requests the Court order no further accountings to be required. Suggest biennial waiver of accountings. JTD.

9. Statement regarding conservatee’s residence during this accounting period is not stated. Need verified supplement.

10. Need residential facility statements and/or written verification of rent per Pr.C. §2620(c)(5).

11. Notice of Hearing with proof of service filed. However, service does not include conservatee. Need proper service.

RECOMMENDATION: Need to clear notes. If approved, Court may wish to set the next hearing re Accounting Review for 12/06/11 or a biennial Accounting Review for 12/04/12 per Pr.C.§2620(a). Any accounting to be filed 30 days in advance. (vet/vet)

Superior Court of Calif, County of San Bernardino Page: 12A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON DS1000300 CASE NAME: MTR OF FILIBERTO I GRANADOS RAMIREZ HEARING: Petition for Appointment of Conservator COUNSEL: MARIA D GRANADOS (CP )...PRO/PER FILIBERTO I GRANADOS RAMIREZ (CTP)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition for Appointment of Limited Conservatorship, person only, by mother. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Need Notice of Hearing and proof of service. 2. No bond – person only. 3. Petitioner seeks medical powers. Need Medical Capacity Declaration. 4. Need appointment of counsel and report of same (developmentally disabled

individual). 5. Petitioner requests limited conservatorship powers under Pr.C.§2351.5 specifically

the right to make decisions as to conservatee’s choice of residence, access to confidential records, consent to marriage, to contract and decisions concerning education.

6. Petitioner seeks orders limiting conservatee’s civil and legal rights to choose a residence, access confidential records, consent to marriage, contract and make decisions concerning education.

7. Proposed conservatee receives $460/month from Survivor’s benefits and requests waiver of Court Investigator’s fees on basis it would impose a financial burden to conservatee’s estate. JTD.

8. Section 11 to petition indicates “Mexico” as for addresses to 3 of the proposed conservatee’s siblings. Does Court wish to require a Declaration of Due Diligence as to each sibling? JTD.

9. Need Court Investigator’s Report.

10. Need Inland Regional Center Report. 11. Need return of Citation. 12. Need Certificate of Completion re Conservatorship Class.

RECOMMENDATION: Court to appoint counsel then notes to be cleared. If approved, set hearing for Compliance Review for 07/05/11 for the filing of the following: proof of service of Order with Notification of Conservatee’s Rights per Pr.C.§1830(c); and Care Plan per Pr.C.§2352.5. (vet)

Superior Court of Calif, County of San Bernardino Page: 13 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: RC RS00584 CASE NAME: RICHARD VANSCHAICK HEARING: Accounting Review COUNSEL: ARTHUR A CAPPILLA (CPE)...JOHN D MICKUS RICHARD VANSCHAICK (CEP)... GERARD VANSCHAICK (PET)...DENNIS M ASSURAS ROSA VANSCHAICK (PET)...PRO/PER GERARD VANSCHAICK (PET)...LINDA J GLADSON ROSA VANSCHAICK (PET)...LINDA J GLADSON GERARD VANSCHAICK (PET)...LINDA J GLADSON ROSA VANSCHAICK (PET)...LINDA J GLADSON GERARD VANSCHAICK (PET)...DENNIS M ASSURAS ROSA VANSCHAICK (PET)...PRO/PER GENERAL INFORMATION: Continued from 02/18/10, 03/29/10, 05/10/10, 7/22/10 and 10/07/10. THIS CASE IS SET FOR HEARING ON Second Account Current THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED.

1. First accounting approved 8/7/08. 2. Petitioner files a Second Accounting for 12/1/07-11/30/09. A third

accounting was also filed for the period 12/1/08 – 12/1/09 which has not yet been approved.

3. Assets on hand $125,383 ($109,057 cash, remainder a vehicle). 4. The report does not comply with Pr.C. §1060 et seq. Need proper report. 5. Beginning balance is off by .24. Balance should match to ending balance of

first account. Alternatively, does court wish to deem de minimus and waive deficiency? JTD

6. Need original bank statements per Pr.C. §2620(c). Copies are submitted except for the account held at Chase with an ending balance of $1,270.

7. Schedule of assets on hand indicate $14,758; however, the statement indicates $15,758.11. Need amended accounting or verified supplement reconciling the difference.

8. Disbursements indicate several entries for “personal expenses” totaling $8,050. Need specific itemization on schedule.

9. Disbursements indicated $5,753 to “Robbins & Holdaway” which appears to be a law firm. Need clarification of this disbursement and the purpose for which is was paid. Need verified supplement.

10. Need notice of hearing and proof of service. 11. Court Investigator report filed 10/20/09.

RECOMMENDATION: Need to clear notes. If approved, Court may wish to set the next hearing to cover period 12/1/09 – 11/30/10 re Accounting Review for 01/27/11 or a biennial Accounting Review to cover period 12/1/09 – 11/30/11 for 01/26/12 per Pr.C.§2620(a). Any accounting to be filed 30 days in advance. (gls/cbr/abs/cbr/fhl/gls/vet)

Superior Court of Calif, County of San Bernardino Page: 14 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: SC SS02116 CASE NAME: MTR OF MARY VIRGINIA SALAZAR HEARING: Accounting Review COUNSEL: RUBEN J. JUAREZ (CPE)...PRO/PER MARY VIRGINIA SALAZAR (CEP)...DONNASUE SMITH-ORTIZ GENERAL INFORMATION Continued from 3/23/10. Clerk to mail notice of continuance and form for petition for waiver of accounting. Continued from 04/27/10. Court notifies Court Investigator to prepare an Ex Parte Petition to Dispense with Accounting. Form sent to conservator previously but court has not received the form back. Continued from 8/17/10. Court appointed atty Donnasue Smith-Ortiz as counsel for conservatee to investigate spousal support issues in San Diego family law action. Conservator was given another copy of petition to dispense with accounting to complete and submit. Continued from 09/21/10 at request of counsel to obtain spousal support information from San Diego Court. Nothing new filed. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. On 02-07-08, Court approved an Ex Parte Petition to Dispense with Accounting; accounting now due covering the period 01/23/08 to 01/22/10.

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/abs/vet/abs/vet)

Superior Court of Calif, County of San Bernardino Page: 15 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: SC SS02962 CASE NAME: MTR OF ALICE MAE CORMIER

SEE ALSO 16 HEARING: Hearing Re: Review of Court Investigator Report COUNSEL: SANDRA L WARNER (CE )...PRO/PER ALICE MAE CORMIER (CTE)...DONNASUE SMITH-ORTIZ DANNY LEWIS (CPE)...PRO/PER GENERAL INFORMATION Continued from 09/22/10 at request of counsel. THIS CASE SET FOR HEARING ON Review of Court Investigator report. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Special report filed on 08/23/10. RECOMMENDATION Court’s discretion. (cbr/vet)

Superior Court of Calif, County of San Bernardino Page: 16 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: SC SS02962 CASE NAME: MTR OF ALICE MAE CORMIER

SEE ALSO 15 HEARING: Accounting Review COUNSEL: SANDRA L WARNER (CE )...PRO/PER ALICE MAE CORMIER (CTE)...DONNASUE SMITH-ORTIZ DANNY LEWIS (CPE)...PRO/PER GENERAL INFORMATION Continued from 08/05/10. No appearance. Notice given by courtroom clerk. Continued from 09/22/10 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. Most recent ex parte petition to dispense with conservatorship accounting was approved on 7/17/08 for accounting period 7/4/07 to 7/3/08.

2. Need next accountings for period 7/5/07 to 7/4/08, 7/5/08 to 7/4/09, and 7/5/09 to 7/4/10.

3. See recent Notice of No Report from CI re inability to contact conservator and conservatee.

RECOMMENDATION Court’s discretion. When an accounting is not filed as required, the court shall take action as specified in Pr.C. § 2620.2. (abs/cbr/smj/vet)

Superior Court of Calif, County of San Bernardino Page: 17 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0700290 CASE NAME: MTR OF NANCY L KOCHANSKI HEARING: Hearing Re: OSC RE: PROOF OF BOND/BLOCKED ACCOUNT COUNSEL: BARBARA NAGY (CPE)...SHEASBY, CHO & MIDDLETON NANCY KOCHANSKI (CEP)...LAYNE A BARTHOLOMEW BARBARA NAGY (PET)...SHEASBY, CHO & MIDDLETON BARBARA NAGY (CPE)...SHEASBY, CHO & MIDDLETON NANCY L KONCHANSKI (CEP)... GENERAL INFORMATION: Continued from 9/21/10. No appearance. Court ordered law office to be present at next hearing, counsel to provide proof of blocked account at next hearing date. Continued from 10/26/10 at request of counsel. Still waiting for civil settlement funds. THIS CASE IS SET FOR HEARING ON OSC re Proof of Bond/Blocked Account THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1. Matter set at Ex parte Hearing establishing a SNT held on 08/03/10, wherein, the Court ordered bond in the amount of $11,500 (posted), $10,000 be kept in a ready, checking account and remaining monies be placed in a blocked account. Need Proof of Blocked Account.

2. Counsel filed a declaration explaining that settlement funds have not yet been received.

RECOMMENDATION: Court’s discretion. (vet/abs/vet) FUTURE HEARINGS 6/16/11 & 10/11/11 Accounting Review

Superior Court of Calif, County of San Bernardino Page: 17A CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0800322 CASE NAME: LA VON HOFFMAN BROOKS WHITE HEARING: HEARING RE: INJUNCTION COUNSEL: HARLEY BARENTINE (CE )...JACK B OSBORN LA VON HOFFM AN BROOKS WHITE (CEP)...ZIPRICK & CRAMER STEVEN DONALD BROOKS (PET)...PRO/PER HARLEY BARENTINE (CPE)...ZIPRICK & CRAMER HARLEY BARENTINE (PCR)...HARTNELL LISTER & MOORE ROBERT H ZIPRICK (PET)...ZIPRICK & CRAMER JACK B OSBORN (PET)...E JOAN NELMS DIANE BROOKS (OBJ)...PRO/PER BRYAN C HARTNELL (HARTNELL LAW GROUP)...HARTNELL Added to calendar after completion of this check. Notes will be available upon second check. FUTURE HEARINGS: 12/01/10 Accounting Review

Superior Court of Calif, County of San Bernardino Page: 18 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 10:30 DEPT: S34P ---------------------------------------------------------------------- CASE#: CON PS0900260 CASE NAME: GREGORY MICHAEL CONTRERAS HEARING: Conservatorship Compliance Review Hearing on PETITION FOR CONSERVATORSHIP of CARRIE L CONTRERAS COUNSEL: CARRIE L CONTRERAS (CPE)...PRO/PER GREGORY MICHAEL CONTRERAS (CEP)...JACK B OSBORN GRAGORY MICHAEL CONTRERAS (PET)...E JOAN NELMS GENERAL INFORMATION Continued from 10/26/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Inventory & Appraisal/Compliance Review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED:

1 Carrie L. Contreras appointed Conservator, person and estate, on 03/23/10, no bond.

2 Care Plan filed. 3 Partial Inventory & Appraisal filed. Need Final I&A and bank/investment

statements. 4 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.

5 Need Court Investigator 6 month report filed 11/01/10 per ROA. RECOMMENDATION: When documents are not filed as ordered, court may set a hearing in accord with Pr.C.§2655 (/abs/vet) FUTURE HEARINGS 05/31/11 Accounting Review

Superior Court of Calif, County of San Bernardino Page: 1 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: FRANK GAFKOWSKI PROBATE ---------------------------------------------------------------------- DATE: 11/30/10 TIME: 8:30 DEPT: S37 ---------------------------------------------------------------------- CASE#: PRO PS0900611 CASE NAME: JESSE C. GUTIERREZ HEARING: Petition for BY COURT APPOINTED ATTORNEY FOR PERMISSION TO

APPEAR IN WILL CONTEST ON BEHALF OF SURVIVING SPOUSE COUNSEL: CHRISTINA STEFFLER (PET)...WILKINSON & WILKINSON JESSE C GUTIERREZ (DEC)... SARAH GUTIERREZ (PET)...HOLLAND, DONNELLY & MISHLER TIMOTHY G MISHLER (PET)...HOLLAND, DONNELLY & MISHLER JIMMY GUTIERREZ (CON)...THOMPSON & COLEGATE Added to calendar after completion of this check. Notes will be available upon second check.

All corrections/supplements addressing notes on this ... · PDF fileAll...

Documents

Transcript of All corrections/supplements addressing notes on this ... · PDF fileAll...