1 cody martino and taya martino (guard/p) case … · 1 cody martino and taya martino (guard/p)...

Dept. 303, 9:00 a.m. Tuesday, February 7, 2017

1 Cody Martino and Taya Martino (GUARD/P) Case No. 05CEPR00154 Petitioner: Marcia Keene (Pro per – Maternal aunt)

Petition for Appointment of Guardian of the Person (for Taya Martino only)

Age: 14 years

DOB: 8/23/2002

NO TEMPORARY REQUESTED

MARCIA KEENE, maternal aunt, is petitioner

Please see petition for details.

NEEDS/PROBLEMS/COMMENTS:

This petition is as to Taya

Martino only.

1. Need proof of service

with at least 15 days’

notice of Notice of

Hearing with a copy of

the petition or consents

and waivers of notice

for:

a. Robert Cervantez

(father) – unless the

Court excuses notice

b. Paternal grandfather

(unknown) – unless

the Court excuses

notice

c. Paternal grandmother

(unknown) – unless

the Court excuses

notice

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

✔ Pers.Serv. w

✔ Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

✔ CI Report

9202

✔ Order

Aff. Posting Reviewed by: SEF

Status Rpt Reviewed on: 2/1/2017

✔ UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1- Martino

1


2 Benjamin Ring (GUARD/E) Case No. 09CEPR00620 Attorney Kruthers, Heather H

Status RE: Filing of the Fourth Account


OFF CALENDAR

Fourth Account filed 1/31/17 is set for

hearing on 3/21/17

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

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Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: skc


UCCJEA Updates:


FTB Notice File 2- Ring

2


3 Morgan Elizabeth Pasley (CONS/PE) Case No. 12CEPR00938 Attorney Hastrup, John (for Debra Pasley – Conservator – Petitioner)

Second Amended Account Current and Report of Conservator; Petition of Conservator

Petition for its Settlement, for Allowance of Attorneys Compensation and for its Termination

DEBRA PASLEY, Mother and Conservator of

the Person and Estate with bond of

$15,000.00, is Petitioner. (Not verified.)

Account period: 3/28/13 – 10/17/14

Accounting: Not provided

Beginning POH: $13,438.31

Ending POH: $70,195.61

($1,715.61 plus a 1/5 interest in real property

in Virginia valued at $68,480.00)

Petitioner states: Inventory and Appraisal was

filed 6/5/13 showing the value of the estate

to be $13,438.31. Summary of account and

supporting schedules are provided at Exhibit

B. (See #1.)

As reflected in prior pleadings, the

Conservator and Conservatee moved out of

state. The Conservator was appointed

Guardian of the Conservatee in Oklahoma

by Court order and Letters issued on 8/13/14.

Petitioner does not request compensation for

her services.

Petitioner requests attorney’s compensation

as set forth in Exhibit “C.” (See #3.)

Petitioner prays:

1. That this account and report be

approved and settled;

2. That the acts of the Conservator shown in

the account and report be approved;

3. That, upon settlement of this account, the

Conservator be directed to pay her

attorneys, McCormick Barstow, LLP,

compensation for services rendered and,

as yet, unpaid;

4. That the Conservatorship in California be

terminated; and

5. That the Court grant such other and

further relief as it deems just and proper.


Minute Order 1/3/17: If the

corrective paperwork is not

filed then Ms. Pasley may be

removed as conservator.

Debra Pasley is ordered to be

personally present or by

Courtcall on 2/7/17.

As of 1/31/17, nothing further

has been filed. The following

issues remain noted:

SEE PAGE 2

Cont. from 042315,

060215, 081815,

091515, 102015,

120115, 010516,

020916, 051716,

072616, 092716,

010317

Aff.Sub.Wit.

Verified x

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters 3/28/13

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order x



UCCJEA Updates:


FTB Notice File 3 – Pasley

3


3 Morgan Elizabeth Pasley (CONS/PE) Case No. 12CEPR00938

Page 2 – NEEDS/PROBLEMS/COMMENTS:

1. This petition does not provide any accounting in the form required by Probate Code §§ 2620, 1060,

or any mandatory schedules on the required Judicial Council forms.

Need amended petition with accounting, schedules, including required mandatory form for

summary. Although Petitioner has been appointed Guardian in Oklahoma, this Court retains

jurisdiction for settling accounts pursuant to Probate Code §2630.

The only schedule provided at Exhibit B is a statement of property on hand, labeled as “receipts,”

but which does not show any account summary, receipts, disbursements, etc., and further

indicates that the conservatorship estate cash has been reduced by $11,722.70 without

explanation.

Note: The Conservatee’s interest in the Virginia real property is not an asset of this conservatorship

estate, but should be referenced in its own schedule pursuant to §1063(h).

2. This petition is not verified by the Conservator as required by Probate Code §§ 1021, 1023.

(Note: §1023 provides that an attorney may sign or verify on a client’s behalf if he or she is absent

from the county unless the person is a fiduciary appointing in the proceeding.)

3. Petitioner requests attorney’s compensation pursuant to Exhibit C, but no Exhibit C is attached.

4. Need Notice of Hearing.

5. Need proof of service of Notice of Hearing at least 15 days prior to the hearing pursuant to

Probate Code §1460(b)(6) on:

- Morgan Elizabeth Pasley (Conservatee)

- Debra Pasley (Conservator/Fiduciary, since the petition is not verified by her)

- David Hal Jones (Father)

6. The Court may also require notice to the surety of any continued or future hearings.


4 John Yee Tsang (Estate) Case No. 13CEPR00665 Attorney Salazar, Steven F (for Petitioner Helen Tsang)

Petition for Settlement of Second and Final Account and Report on Waiver of Account, for Final Distribution, for

Allowance of Statutory and Extraordinary Fees Attorney's Fees and Reimbursement of Costs of Administration

DOD: 03/31/2013 HELEN TSANG, Administrator with Will

Annexed, is petitioner.

Accounting is waived.

Beginning POH - $959,048.00

Ending POH - $973,048.00

Administrator – Waives

Attorney - $22,773.46

(Statutory)

X/O - $19,410.00

(Per Attorney Declaration 64.7 attorney

hours at $300 per hour)

Costs - $5,028.09

(Filing fee, certified letters, probate referee)

Distribution, pursuant to Decedent’s Will, is

to:

Helen Tsang – Cash in the amount of

$398; agriculture and real property located

at 896 E. Mt. View Fresno, Ca. subject to lien

of Michael Eisenberg in the principal sum of

$217,500.00, plus interest; household

furnishings and furniture located at 896 E.

Mt. View; 2008 Honda Pilot; 2003 Ford F-350

4x4 pickup; 1993 ross utility trailer; 1995

Jacob carrier trailer; farm vehicles and

equipment; 2016 lease crop proceeds from

896 E. Mt. View Fresno, Ca. in the amount

of $16,500.00.

Please see additional page


Continued from 01/03/2017

1. A Creditor’s Claim in the amount of

$217,500.00 filed by Michael

Eisenberg on 07/07/2014 was based

on a Promissory Note and Security

Agreement executed by the

decedent. The agreement required

that Mr. Eisenberg be paid in full

upon the sale of the Mt. View

property. Upon payment, Mr.

Eisenberg is to execute a release of

the lien and execute a Withdrawal

of Creditor’s Claim for filing with the

Court. Petitioner has been unable to

secure a reasonable offer from any

buyer and the real property is still

listed for sale. Need authority as to

how the court can distribute the Mt.

View property without the

withdrawal or consent from the

creditor. – See Declaration filed

01/03/2017

Cont. from 120616,

010317

Aff.Sub.Wit.

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✔ Inventory

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✔ Letters 10/14/13

Duties/Supp

Objections

Video

Receipt

CI Report

✔ 9202

✔ Order

Aff. Posting Reviewed by: LV


UCCJEA Updates:


✔ FTB Notice File 4- Tsang

4


4 John Yee Tsang (Estate) Case No. 13CEPR00665

Declaration of Steven F. Salazar in Support of Assumption of Liability of Beneficiary to Allow Final Distribution filed

01/03/2017 states on 10/16/2016 he wrote to creditor Michael Eisenberg requesting that he withdraw his

Creditor’s Claim filed in this matter so that the personal representative, Helen Tsang, could close this estate. A

letter was received from Thomas R. Leroux, attorney for Michael Eisenberg informing Mr. Salazar that Mr.

Eisenberg declined to execute a Withdrawal of his Creditor’s claim.

On 12/06/2016, Mr. Salazar wrote to Mr. Leroux requesting that his client consider executing a Withdrawal upon

Helen Tsang, as sole beneficiary of the estate, executing an Assumption of Liability agreement, which was

enclosed, thereby securing payment on the sale of the real property on the already recorded lien thereby

allowing the estate to be closed.

On 12/22/2016, Mr. Salazar contacted the Leroux to inquire as to the status of his client’s consideration. He

informed Mr. Salazar that his client rejected a sentence in the proposed Assumption Agreement which

provided that interest on the obligation, at the rate of prime plus 4%, would cease while the funds were in an

escrow account. As a result, Mr. Salazar spoke to her client and she agreed to withdraw that portion of the

Assumption Agreement. On 12/22/2016, Mr. Salazar sent to Mr. Leroux a revised Assumption Agreement. As of

the date of this declaration, Mr. Salazar has not received any reply from Mr. Leroux or his client.

Probate Code Section § 11464(a) provides:

“(a)The court may order property in the estate distributed to a person entitled to it under the final

order for distribution, if the person files with the court an assumption of liability for a contingent or

disputed debt as provided in subdivision (b). The court may impose any other conditions the court in

its discretion determines are just, including that the distributee give a security interest in all or part of

the property distributed or that the distributee give a bond in an amount determined by the court.

(b)As a condition for an order under subdivision (a), each distributee shall file with the court a signed

and acknowledged agreement assuming personal liability for the contingent or disputed debt and

consenting to jurisdiction within this state for the enforcement of the debt if it becomes absolute or

established. The personal liability of each distributee shall not exceed the fair market value on the

date of distribution of the property received by the distributee, less the amount of liens and

encumbrances. If there is more than one distributee, the personal liability of the distributees is joint

and several.

(c)If the debt becomes absolute or established, it may be enforced against each distributee in the

same manner as it could have been enforced against the decedent if the decedent had not died.

In an action based on the debt, the distributee may assert any defense, cross-complaint, or setoff

that would have been available to the decedent if the decedent had not died.”

In this case, the debt to Mr. Eisenberg is established and can be enforced against Helen Tsang, as

distribute of the above estate, thereby securing Mr. Eisenberg’s claim. Although it was attempted to

request that Mr. Eisenberg join in executing the Assumption Agreement, Mr. Salazar believes that

Probate Code § 11464 permits the Court to distribute the estate to Ms. Tsang as sole beneficiary

provided that she has executed an Assumption of Liability Agreement on behalf of the remaining

creditor in this matter.

Filed concurrently with this declaration is an executed Assumption of Liability by sole distributee Helen

Tsang subject to the claim of Mr. Eisenberg.


5 Laura B. Sutton (CONS/PE) Case No. 13CEPR00903

Attorney Heather H. Kruthers (for Public Guardian, Conservator of the Person and Estate)

Probate Status Hearing Re: Termination of Conservatorship

PUBLIC GUARDIAN was appointed Conservator of the

Person and Estate with medical consent powers on

11/21/2013.

Notice of Status Hearing filed 12/14/2016 set this status

hearing on 2/7/2017 based upon the Conservatee’s

wishes to have the Conservatorship terminated.

Clerk’s Certificate of Mailing shows the notice was

served to the Public Guardian, the Conservatee,

County Counsel, and Attorney Flora Istanboulian on

12/14/2016.

Court Investigator’s Supplemental Report filed

1/31/2017.

NEEDS/PROBLEMS/

COMMENTS:

Note: Order Settling

First Account Current

and Report of

Conservator was filed

3/1/2016 for the

period 10/23/2013 to

11/6/2015. If the

Conservatorship of

the Person and Estate

is terminated, Court

will set status hearing

as follows:

Tuesday, March 7,

2017 at 9:00 a.m.

in Dept. 303 for the

filing of the

second and final

account of the

conservatorship.

Pursuant Local Rule

7.5, if the document

noted above is filed

10 days prior to the

date listed, the

hearing will be taken

off calendar and no

appearance will be

required.

Cont. from

Aff.Sub.Wit.

Verified

Inventory

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Not.Cred.

Notice of

Hrg

✔ Aff.Mail

Aff.Pub.

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Letters

Duties/Supp

Objections

Video

Receipt

✔ CI Report

9202

✔ Order

Aff. Posting Reviewed by: LEG


UCCJEA Updates:


FTB Notice File 5- Sutton

5


6 Sylvia Valencia (Estate) Case No. 14CEPR00857 Attorney: Frankie Rodriguez (for Petitioner/Administrator Primavera Damme)

First and Final Accounting and Report of Administrator, and Petition for

Allowance of Statutory Fees and Final Distribution

DOD: 8/1/13 PRIMAVERA DAMME, Administrator, is

petitioner.

Account period: 8/1/13 – 12/5/16

Accounting - $145,116.49

Beginning POH - $142,250.00

Ending POH - $105,143.45

Administrator - Waives

Attorney - $4,930.49

(statutory)

Distribution pursuant to Intestate

succession is to:

Daniel Adan Sanchez - $49,481.98

and ½ of the personal property.

Primavera Damme - $49,481.98

and ½ of the personal property.



2. Need proof of service of the

Notice of Hearing on:

a. Daniel Adan Sanchez

b. Javier F. Sanchez

3. Need order

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

X

Aff.Mail X

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters 9/8/15

Duties/Supp

Objections

Video

Receipt

CI Report

✔ 9202

Order X

Aff. Posting Reviewed by: KT


UCCJEA Updates:


✔ FTB Notice File 6- Valencia

6


7 Francisco Javier Gonzalez (GUARD/E) Case No. 15CEPR00257 Attorney Thelen, David J. (for Guardian of the Estate Dilila Aganza)

Amended Petition and First Year Accounting and Declaration of Dilila Eululia Aganza

DILILA AGANZA, Mother and Guardian of the Estate, is Petitioner. Account period: 10/19/15 – 12/12/16 Accounting: $9,139.00 Beginning POH: $9,124.00 Ending POH: $9,139.00 Guardian: $16,829.00 or $350/month Petitioner states she has been paying for all expenses for her son as his mother. She has paid all costs of caring for the minor since his father died such as day care ($16,460.77) as well as recreational team and school fees ($369.00) and requests reimbursement from the estate. In the alternative, Petitioner requests $350/month for future expenses for the cost of daycare and to contribute to her son on a monthly basis to offset the cost of food, shelter, clothing, and medical care. Petitioner has day care costs of $125 every two weeks because she works, which is a discounted rate for single mothers (normally $540/month). Attorney: $2,500.00 (per Local Rule) Petitioner states it was originally believed that the estate would be over $100,000, but it turned out to be less than $10,000. The attorney was able to have the bond company issue the bond per the Court’s initial order, but then withdraw and waive the fee. Petitioner states attorney fees are allowed under Probate Code §2430 for administration of the estate and per Local Rule 7.16.B, the fees allowed by the Court are $2,500 through the first account. This amount is only requested should the Court find that the reimbursement of child care and other costs herein have not depleted the estate. Petitioner further requests waiver of further accountings pursuant to Probate Code §2628. In total, Petitioner is requesting that she be permitted to reimburse herself for the above costs, essentially all of the estate, or alternatively, to pay $2,500.00 in attorney fees, plus $369.00 of school/recreational expenses, and an allowance of $350.00/month.


CONTINUED TO 3/6/17 Per attorney request Note: Petitioner requests the Court excuse notice to the minor pursuant to Probate Code §1460(e), as mailing notice is of no practical effect. The father is deceased. Note: The proposed order grants the reimbursement request and includes termination of the guardianship estate. If the entire reimbursement is not granted, such language may be stricken from the order, or the Court may require that a revised order be submitted for signature.

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

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Letters

Duties/Supp

Objections

Video Receipt

CI Report

9202

Order



UCCJEA Updates: 2/3/17


FTB Notice File 7- Gonzalez

7


8A Angel Smith, Shamontay Jones, and Faith Nutt (GUARD/P)

Case No. 15CEPR00450 Petitioner Smith, Hollistine (Pro Per – Paternal Grandmother – Petitioner)

Petition for Appointment of Guardian of the Person (Angel only)

See petition for details. NEEDS/PROBLEMS/COMMENTS:

Minute Order 12/6/16: Amanda Thompson

represents that she will be filing a petition for

Angel and Faith, as both minors are in her

care. Parties represent Shamontay is with

Precious Henry. If Ms. Thompson’s petition is

filed timely, it is also to be set on 2/7/17. The

Court orders the Investigator to re-interview

the parties; no visits to mother at this time,

but all parties are allowed to attend a

planned birthday party for Angel.

Note: Ms. Thompson has not filed a petition.

The following issue remains noted for

Hollistine Smith’s petition:

1. Need proof of service of Notice of

Hearing w/ copy of petition 15 days prior

to the hearing or consent and waiver of

notice or declaration of due diligence on:

- Earnest Smith (Paternal Grandfather)

- Ann Nutt (Maternal Grandmother)

Cont. from 102516,

120616

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail W

Aff.Pub.

Sp.Ntc.

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Conf.

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Video

Receipt

CI Report

Clearances

Order



UCCJEA Updates:


FTB Notice File 8A- Smith/ Jones/ Nutt

8A


8B Angel Smith, Shamontay Jones, and Faith Nutt (GUARD/P)

Case No. 15CEPR00450 Petitioner Henry, Precious (Pro Per – Cousin – Petitioner)

Petition for Appointment of Guardian of the Person (Shamontay only)

See petition for details.


1. Need proof of personal service of

Notice of Hearing with a copy of

the petition at least 15 days prior to

the hearing or consent and waiver

of notice or declaration of due

diligence on:

- Shamont Jones (Father)

- Deshawn Nutt (Mother)

- Shamontay Jones (Minor)

2. Need proof of service of Notice of

Hearing with a copy of the petition

at least 15 days prior to the hearing

or consent and waiver of notice or

declaration of due diligence on:

- Paternal Grandfather

- Paternal Grandmother

- Maternal Grandfather Edward

Nutt (copy of petition not included)

- Maternal Grandmother Ann Nutt

(if diligence not found)

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w/o

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

Clearances

Order



UCCJEA Updates:


FTB Notice File 8B- Smith/ Jones/ Nutt

8B


9A Clarence Jesse Bennett (Estate) Case No. 15CEPR00816

Attorney Janet L. Wright (for Juanita Bennett, spouse)

Attorney William J. Keeler, of Portland, Oregon (also for Juanita Bennett, spouse)

Attorney Scott D. Laird; Dylan J. Crosby, for G. Dana French, Executor of the Estate)

Attorney B. Howard Pearson, of Stanford (for Board of Trustees of Leland Stanford Jr. University,

Remainder Beneficiary of the C.J. Bennett Family Trust of 1987)

Petition for Payment of Family Allowance

DOD: 6/26/2015 JUANITA BENNETT, surviving spouse, is

Petitioner and requests a family allowance of

$43,000.00 per month from the estate.

~Please see additional page~

Amendment to Petition for Payment of Family

Allowance filed 5/11/2016.

Verified Objection to Petition for Payment of

Family Allowance filed by Respondent, the

Estate of Clarence J. “Peter” Bennett, by and

through its Personal Representative G. Dana

French on 5/13/2016.

Request for Judicial Notice in Support of


Family Allowance filed 5/13/2016.

Verified Objection to Amendment to Petition

for Payment of Family Allowance filed by

Respondent, the Estate of Clarence J. “Peter”

Bennett, by and through its Personal

Representative G. Dana French on 5/20/2016.

Memorandum of Points and Authorities in

Support of Verified Objection to Amendment

to Petition for Payment of Family Allowance

was filed by Respondent, the Estate of

Clarence J. “Peter” Bennett, by and through

its Personal Representative G. Dana French on

5/20/2016.


Page 9B is a Probate Status

Hearing Re: Setting of a

Contested Hearing.

Page 9C is the Petition by G.

Dana French for Leave to

Resign and Appoint Successor

Personal Representative.

Page 9D is the First Account

and Report of Personal

Representative G. Dana

French.

Page 9E is the Petition for

Letters of Administration for

Successor Personal

Representative with Will

Annexed.

Continued from 12/14/2016.

Minute Order states continued

to meet up with the Petition to

Resign and the First Account.

Cont. from 052516,

083116, 110216,

121416

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

✓ Objections

Video

Receipt

CI Report

9202

✓ Order



UCCJEA Updates:


FTB Notice File 9A- Bennett

9A


9B Clarence Jesse Bennett (Estate) Case No. 15CEPR00816






Probate Status Hearing Re: Setting of a Contested Hearing

DOD: 6/26/2015 JUANITA BENNETT, surviving spouse filed a

Petition for Payment of Family Allowance on

4/12/2016, with an Amendment to Petition filed

5/11/2016.

G. DANA FRENCH, Executor of the Estate, filed a


Family Allowance on 5/13/2015, and a Verified

Objection to Amendment to Petition on

5/20/2016.

Minute Order dated 5/25/2016 from the previous

hearing on the Petition for Payment of Family

Allowance states: Mr. Laird requests 90 days to

allow time for discovery prior to setting a trial

date; there are no objections to the request.

Court set a status hearing regarding setting of a

contested hearing.



Minute Order states

continued to meet up with

the Petition to Resign and

the First Account.

Cont. from 083116,

110216, 121416

Aff.Sub.Wit.

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Inventory

PTC

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CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 9B- Bennett

9B


9C Clarence Jesse Bennett (Estate) Case No. 15CEPR00816






Petition by G. Dana French, Personal Representative, for Leave to Resign and

Appointment of Successor Personal Representative and Issuance of Letters

DOD: 6/26/2015 G. DANA FRENCH, Attorney and Executor

with Full IAEA authority without bond

appointed on 10/5/2015, is Petitioner.

~Please see petition for details~


1. Petitioner states Decedent’s

Will expressly waives bond,

which is true as to the

named Executor and

alternate named Executor.

Petitioner’s nominee, BRUCE

D. BICKEL, is not named in

Decedent’s Will, the

Petitioner requests he be

appointed with Full IAEA

authority, and waivers of

bond by estate

beneficiaries have not

been filed pursuant to

Probate Code § 8481(a)(2).

Court may require BRUCE D.

BICKEL to post bond of

$9,906,521.32 pursuant to

Probate Code §§ 8480 and

8482(a)(3), or to file

mandatory-use Judicial

Council form DE-142, Waiver

of Bond by Heir or

Beneficiary for each estate

beneficiary.

2. Need proposed order

pursuant to Local Rule

7.1.1(F).

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

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CI Report

9202

Order X



UCCJEA Updates:


FTB Notice File 9C- Bennett

9C


9D Clarence Jesse Bennett (Estate) Case No. 15CEPR00816






First Account and Report for the Period October 5, 2015

through October 31, 2016, of Personal Representative



appointed on 10/5/2015, is Petitioner.

Account period: 10/5/2015 – 10/31/2016

Accounting - $10,493,367.45

Beginning POH - $ 9,920,343.58

Ending POH - $ 9,906,427.22

(pick-up truck and $9,874,927.22 in cash

and cash equivalents)

Executor - Not requested

Executor X/O - Not requested

Attorney - Not requested

Attorney X/O - Not requested

No distribution requested.


3. Notice of Hearing filed

12/13/2016 does not show that

JUANITA BENNETT, spouse, was

served with notice of the instant

First Account. Notice sent by

mail must be mailed individually

and directly to the person

entitled to notice pursuant to

CA Rule of Court 7.51(a)(1) and

(2), rather than solely to an

attorney representing the

person, pursuant to a special

notice request or otherwise.

4. Copy of Settlement Agreement

and Release of Claims

executed on 4/13/2016 by

Petitioner G. DANA FRENCH and

representative of LINNCO, LLC, is

attached to the First Account,

without explanation as to its

relevance to the accounting.

Further, Paragraph 9 listing the

current property on hand in the

estate similarly makes reference

to LINNCO 2015 “2nd Quarter

dividend claim,” stating that it

has filed bankruptcy which will

likely affect the values of

unsecured claims, without

providing explanation.

5. Need proposed order pursuant

to Local Rule 7.1.1(F).

Cont. from 121416

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail

Aff.Pub.

✔ Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order X



UCCJEA Updates:


FTB Notice File 9D- Bennett

9D


9E Clarence Jesse Bennett (Estate) Case No. 15CEPR00816






Petition for Letters of Administration [with Will Annexed] for Successor

Personal Representative; Authorization to Administer Under the IAEA



appointed on 10/5/2015, is Petitioner and

requests appointment of BRUCE D. BICKEL

as Successor Administrator with Will

Annexed without bond. (Executor wishes

to resign.)

Full IAEA — OK

Will Dated: 4/16/2015

Residence: Fresno

Publication: Business Journal

Estimated value of the Estate:

Personal property - $9,906,521.32

_______________ _____________

Total - $9,906,521.32

Probate Referee: Steven Diebert


6. Caption of the Petition is

marked for “Letters of

Administration for Successor

Personal Representative,”

rather than for Petition for

Probate of Will and for Letters

of Administration with Will

Annexed. The incorrectly

marked caption may be

misleading to persons who

have been served notice. In

addition, the Notice of

Hearing filed 12/23/2016

contains in Item 1 a caption

relating to the Petition by

Dana French for Leave to

Resign, etc., rather than a

caption relating to the instant

Petition for Probate of Will

and for Letters of

Administration with Will

Annexed. Court may require

amended notice to be

served to all interested

parties that contains the

correct caption pertaining to

the instant Petition.

~Please see additional page~

Cont. from

Aff.Sub.Wit. S/P

✔ Verified

Inventory

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Notice of

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✔ Aff.Mail W/

Aff.Pub. N/A

✔ Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters X

Duties/Supp X

Objections

Video

Receipt

CI Report

9202

Order X



UCCJEA Updates:


FTB Notice File 9E- Bennett

9E


9E Additional Page, Clarence Jesse Bennett (Estate) Case No. 15CEPR00816

NEEDS/PROBLEMS/COMMENTS, continued:

7. Notice of Hearing filed 12/23/2016 does not show that FRANK HENRY BENNETT, II, son, and JUANITA

BENNETT, spouse, were served with notice of the instant Petition. Notice sent by mail must be

mailed individually and directly to the person entitled to notice pursuant to CA Rule of Court

7.51(a)(1) and (2), rather than solely to an attorney representing the person.

8. Petitioner states Decedent’s Will waives bond. However, the Petitioner’s nominee, BRUCE D.

BICKEL, is not named in Decedent’s Will, the Petitioner requests that he be appointed with Full

IAEA authority, and waivers of bond by estate beneficiaries have not been filed pursuant to

Probate Code § 8481(a)(2). Court may require BRUCE D. BICKEL to post bond of $9,906,521.32

pursuant to Probate Code §§ 8480 and 8482(a)(3), or to file mandatory-use Judicial Council form

DE-142, Waiver of Bond by Heir or Beneficiary for each estate beneficiary.

9. Need Duties and Liabilities of Personal Representative form, and Confidential Supplement to

Duties and Liabilities of Personal Representative form from BRUCE D. BICKEL, pursuant to Local Rule

7.10.1 and Probate Code § 8404.

10. Need proposed order pursuant to Local Rule 7.1.1(F).

11. Need proposed letters.

Note: If Petition is granted, Court will set status hearings as follows:

Tuesday, March 7, 2017 at 9:00 a.m. in Dept. 303 for filing proof of $9,906,521.32 bond, if Court

requires bond;

Tuesday July 11, 2017 at 9:00 a.m. in Dept. 303 for filing of inventory and appraisal; and

Tuesday, April 17, 2018 at 9:00 a.m. in Dept. 303 for filing of first account and/or petition for final

distribution.

Pursuant Local Rule 7.5, if the documents noted above are filed 10 days prior to the dates listed, the

hearings will be taken off calendar and no appearance will be required.


10 James Mercer (Estate) Case No. 15CEPR00865 Attorney: Philip M. Flanigan (for Petitioner/Administrator Linda Bronson)

First and Final Report of Personal Representative; Petition for Final Distribution on Waiver of

Account; Petition for Waiver of Fees by Personal Representative; and Payment of

Compensation to Attorney for Ordinary Services; Request to Distribute Assets to Special Needs

Trust for Living Heir; and Payment to Personal Representative for Costs Advanced.

DOD: 8/1/15 LINDA BRONSON, Administrator, is

petitioner.

Account period: 8/1/15 – 12/1/16

Accounting - $165,750.00

Beginning POH- $165,750.00

Ending POH - $164,000.00

Administrator - waives

Administrator costs - $9,305.30 (per

itemization and declaration for real

property and auto expenses)


(statutory)

Attorney costs- $1,528.22 (filing

fee, publication, probate referee,

certified copies)

Petitioner requests all assets to be

distributed to a special needs trust

for the benefit of the sole heir

Richard Mercer. Richard Mercer

has Down’s Syndrome and is

unable to manage his own affairs.


Continued to 3/23/17 at the request

of the attorney.

1. Petition requests the assets of the estate

be distributed to a special needs trust

for the benefit of Richard Mercer and

that a petition to approve said trust will

be filed prior to the hearing. As of

2/1/17 it does not appear that a

petition to approve a special needs

trust has been filed.

2. Petition indicates that the 2002 Honda

ATV and the 2001 Trailer for the ATV with

a total value of $1,750.00 were sold for

$0. Need clarification.

3. Exhibit “C” attorney costs indicated

they are for the Estate of Esther Still.

Need clarification.

4. Request for reimbursement of costs to

petitioner includes payment of utilities

at 1443 E. Palo Alto (approximately $160

per month for PG&E and approximately

$97 per month for Fresno Utilities). Court

may require more information regarding

the property and payment of the

utilities. The beneficiary does not

appear to live at the property. Was the

property rented?

5. Petition indicates that there are taxes

due in the amount of $440.76 however,

there is no provision in the prayer for

payment of said taxes.

6. Need Order.

Cont. from

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✔ 9202

✔ Order





✔ FTB Notice File 10- Mercer

10


11 Teja Maggard, Schon Maggard (GUARD/P) Case No. 15CEPR00968

Petitioner: Lourdes Ortega (Pro per – Paternal grandmother)

Petition for Appointment of Temporary Guardian of the Person

Petitions for Termination

and Appointment of Successor Guardian

are both set for 3/13/2017

LOURDES ORTEGA, paternal grandmother,

is petitioner.



There is no vacancy. Petitioner filed

petitions to terminate the present

guardianship (i.e., remove the

present guardian) and be appointed

as successor guardian; both petitions

are set for 3/13/17.

Continued from 1/24/2017. Petitioner

is to re-serve the guardian and

attempt service/show due diligence

as to the mother.

1. Proof of service of Notice of

Hearing filed 1/31/2017 shows

mailed versus personal service on

Connie Lisa Laxson (guardian)

and Sandra Smith (mother).

Probate Code § 2250(e) requires

personal service.

Cont. from 012417

Aff.Sub.Wit.

✔ Verified

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PTC

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✔ Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

✔ Pers.Serv. w

✔ Conf.

Screen

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✔ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



✔ UCCJEA Updates:


FTB Notice File 11- Maggard

11


12 Dominica Virginia De Luca (Estate) Case No. 15CEPR00977

Petitioner: Frank De Luca (Pro per – Executor)

First and Final Report of Executor on Status of Administration of Estate; Waiver of

Account; Waiver of Compensation to Executor and Petition for Final Distribution

DOD: 7/22/2015 FRANK DE LUCA, Executor with Limited IAEA

without bond, is petitioner.

Accounting is waived

I&A - $174,433.00

POH - $174,433.00

(no cash)

Executor - waives

Distribution, pursuant to decedent’s will, is

to:

Frank De Luca

Real property located at 1521 4th Street,

Clovis CA (50% interest)


Clovis CA (100% interest of decedent’s

1/3rd interest)

Real property described as:

APN 491-192-15 (50% interest)

Clara Bronder


Clovis CA (50% interest)

Real property described as:

APN 491-192-15 (50% interest)

Frank De Luca, Clara Bronder, Victor De

Luca, Edith Prieto, Verona De Luca, Gracie

Brown and Virginia Miller

1/7th share each of personal property

consisting of personal effects,

miscellaneous household items and

appliances.



2. Need proof of service with at

least 15 days’ notice of Notice

of Hearing on the following:

a. Clara Bronder

b. Victor De Luca

c. Edith Prieto

d. Verona De Luca

e. Gracie Brown

f. Virginia Miller

3. Decedent’s Will specifically

devises real property described

as: 1505 4th Street, Clovis CA to

Frank De Luca and Clara

Bronder (50% each). However,

the inventory and appraisal

filed 10/1/2015, the petition for

final distribution and the

proposed order do not list real

property with this street

address. They instead list real

property described as

APN 491-192-15. Need

explanation and/or

clarification.

Cont. from

Aff.Sub.Wit.

✔ Verified

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✔ PTC

✔ Not.Cred.

Notice of

Hrg

x

Aff.Mail x

✔ Aff.Pub.

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Letters: 11/19/15

Duties/Supp

Objections

Video

Receipt

CI Report

✔ 9202

✔ Order



UCCJEA Updates:


FTB Notice File 12- De Luca

12


13 Marjorie Johnson (Estate) Case No. 15CEPR01077 Attorney Gary G. Bagdasarian (for Executor Louise Parks)

Status RE: Receipt for Blocked Account

DOD: 6/30/15 DAWN MAFANA, Granddaughter, filed a

Petition for Letters of Administration on

10/28/15, which alleged that the decedent

died intestate.

LOUISE PARKS, Friend, filed a competing

Petition for Probate of Will on 12/8/15 which

requested that a holographic instrument

dated 4/27/11 be admitted to probate.

LAUREL JEAN SEIBERT, Daughter, filed Contest

and Grounds of Objection to Petition for

Probate of Purported Will on 2/1/16.

At Settlement Conference on 9/13/16, the

parties reached oral agreement and Mr.

Bagdasarian was directed to prepare written

agreement. The Court set this status hearing

for the filing of a receipt for blocked account.

Stipulation Re Will Contest and Petition for

Probate of Purported Will signed by all parties

and their respective counsel was filed 11/23/16

and the Court’s Order thereon was entered

11/28/16. See order for details.

Minute Order 12/6/16 confirms appointment of

Louise Parks as Executor without bond with

Limited IAEA and continued this status hearing

to 1/3/17. Letters issued to Louise Parks on

12/6/16.

Status Report filed 12/29/2016 states the Order

for Probate indicated at paragraph 5c that a

bond is not required; however, the Stipulation

provides that deposits of $40,000.00 plus

interest are to be placed into a blocked

account at California Bank & Trust, and to be

filed. A request for blocking order has been

filed Ex Parte. Upon receipt of said blocking

order, the funds will be deposited and a

receipt filed. Request is made for a

continuance to complete same, as the

Executor is a resident of Oklahoma.


OFF CALENDAR Receipt filed 2/2/17

Cont. from 120616,

010317

Aff.Sub.Wit.

Verified

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Notice of

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9202

Order





FTB Notice File 13- Johnson

13


14 Jonathan Derfelt (GUARD/P) Case No. 15CEPR01193 Attorney: Stuart Home (for Guardians Dann Derfelt and Maryann Derfelt)

Petitioner: Marcella Derfelt (pro per)

Petition for Termination of Guardianship

MARCELLA DERFELT, mother, is petitioner.

DANN DERFELT and MARYANN DERFELT,

paternal grandparents, were appointed

guardians on 2/9/16.

Objections to Petition to Terminate filed by

Dann Derfelt and Maryann Derfelt on

12/8/16

Court Investigator Jennifer Daniel’s Report

filed on 12/13/16


Cont. from 010317

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



UCCJEA Updates:


FTB Notice File 14- Derfelt

14


15 Don A. Valles (Estate) Case No. 15CEPR01220 Attorney Hastrup, John (for Emilio Valles – Petitioner – Son) Probate Status Hearing RE: Filing of the Inventory and Appraisal

DOD: 10/11/15 EMILIO VALLES, son, was appointment

Administrator with Limited IAEA and bond

set at $65,000.00, on 05/31/2016.

Receipt of Bond was filed on 08/29/2016 in

amount of $65,000.00.

Letters issued on 08/29/2016

Inventory and Appraisal, Partial No. 1, was

filed on 10/12/2016 showing an estate

valued at $215,000.00.

Minute Order of 05/31/2016 set this status

hearing for the filing of the Inventory and

Appraisal.


OFF CALENDAR.

Final Inventory and Appraisal

filed 01/23/2017

Minute Order of 11/01/2016: Ms.

Cunningham represents that Mr.

Hastrup indicated the Inventory and

Appraisal would be filed by the end

of December. No appearance is

necessary on 01/03/2017 if the

document is filed at least two court

days prior.

1. Need Final Inventory and

Appraisal or current written status

report pursuant to Local Rule 7.5

which states in all matters set for

status hearing verified status

reports must be filed no later than

10 days before the hearing.

Status Reports must comply with

the applicable code

requirements. Notice of the status

hearing, together with a copy of

the Status Report shall be served

on all necessary parties.

Cont. from 110116,

010317

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 15- Valles

15


16 Gladys P. Clement (Estate) Case No. 16CEPR00097 Attorney: Gerald M. Tomassian (for Patricia J. Blair – Administrator)

Waiver of Accounting and Petition for Allowance of Statutory

Compensation to Attorney, and for Final Distribution

DOD: 3/29/2015 PATRICIA J. BLAIR, administrator with full

IAEA without bond, is petitioner.

Accounting is waived

I&A - $188,688.00

POH - $186,385.00

(no cash)



(statutory)

Distribution, pursuant to intestate

succession and agreement among heirs

in undivided interests as tenants in

common of property on hand consisting

of real property located at 15345 W. El

Mar Lane, Kerman CA and property

situated in the Fresno Memorial Gardens

Cemetery in Fresno CA, is to:

Patricia Blair (20%)

Peggy Thompson (20%)

Glenna Burgen (20%)

Jerry Clement (20%)

Sheryl Maxwell (5%)

Ronny Harris (5%)

Michael Harris (5%)

Stacy Lopez (1.67%)

Shannon Barnett (1.67%)

Stephanie Couto (1.67%)


Cont. from

Aff.Sub.Wit.

✔ Verified

✔ Inventory

✔ PTC

✔ Not.Cred.

✔ Notice of

Hrg

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✔ Aff.Pub.

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Letters

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Objections

Video

Receipt

CI Report

✔ 9202

✔ Order



UCCJEA Updates:

Citation Recommendation: SUBMITTED

FTB Notice File 16- Clement

16


17 Jesse Ochoa (GUARD/P) Case No. 16CEPR00468 Petitioner: Berta Ochoa Castro (pro per)

Guardian: Benito Mendoza (pro per)

Guardian: Josefina Castro Mendoza (pro per)

Petition for Termination of Guardianship

BERTA ISABEL CASTRO OCHOA, mother, is

petitioner.

JOSEFINA CASTRO MENDOZA and BENITO

MENDOZA, maternal grandmother and

step-grandfather, were appointed co-

guardians on 9/6/16.



Note: Mom’s Petition for Visitation

was continued to 3/8/17.

1. Need proof of service of the

Notice of Hearing on:

a. Jesus Ochoa (paternal

grandfather)

b. Juana Ochoa (paternal

grandmother)

c. Jose Cabarial Ramirez

(maternal grandfather)

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

✔ Pers.Serv.

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9202

✔ Order



UCCJEA Updates:


FTB Notice File 17- Ochoa

17


18 Martha Jane Torbit (Estate) Case No. 16CEPR00597 Attorney Downing, Marcella (for Jennifer Waite – Executor)

Probate Status Hearing RE: Filing of the Inventory and Appraisal

DOD: 05/10/2016 JENNIFER WAITE, friend, was appointed

Executor with full IAEA authority without

bond.

Letters issued 09/07/2016

Minute Order of 09/07/2016 set this

Status Hearing for the filing of the

Inventory and Appraisal.


1. Need Inventory and Appraisal or

current written status report

pursuant to Local Rule 7.5 which

states in all matters set for status

hearing verified status reports

must be filed no later than 10

days before the hearing. Status

Reports must comply with the

applicable code requirements.

Notice of the status hearing,

together with a copy of the Status

Report shall be served on all

necessary parties.

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 18- Torbit

18


19 Frances Elizabeth Farris (Estate) Case No. 16CEPR00777 Attorney Teixeira, J. Stanley (for Barbara Gallop – Executor)

Probate Status Hearing RE: Filing of the Inventory and Appraisal


OFF CALENDAR.

Final Inventory and Appraisal

filed 09/19/2016

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

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9202

Order



UCCJEA Updates:


FTB Notice File 19- Farris

19


20 Benjamin Lee Arrants (Estate) Case No. 16CEPR01155 Attorney: Paulette Janian (for Executor Karen Sandberg)

Attorney: Michael M. Buettner (for Petitioner Georgia Arrants)

Petition to Determine Persons Entitled to Distribution of Estate

DOD: 9/12/16 GEORGIA ARRANTS, surviving spouse, is

petitioner.

KAREN SANDBURG was appointed Executor

on 12/13/16.

Petitioner states decedent executed is Will

on 10/31/02. At the time of the execution of

the Will decedent was unmarried.

Decedent and Petitioner were married on

4/20/06, more than 3 years after the

execution of the Will which was admitted to

probate.

Probate Code §21610 provides that if the

decedent fails to provide in a testamentary

instrument for the decedent’s surviving

spouse, who married the decedent after the

execution of the decedent’s Will, the

omitted spouse shall receive a share of the

decedent’s estate consisting of the

following:

a. ½ of the community property;

b. ½ of the quasi community property;

c. A share of the separate property

equal in value to that which the

spouse would have received if the

decedent had died intestate, but in

no event is the share to be more than

½ of the value of the separate

property.

Petitioner satisfies the requirements of

Section 21610 in that the Decedent

executed a Will before he married Petitioner

and failed to provide for Petitioner.



Cont. from

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UCCJEA Updates:


FTB Notice File 20- Arrants

20


20 Benjamin Lee Arrants (Estate) Case No. 16CEPR01155

Wherefore, Petitioner requests that the court determine that Petitioner is entitled to Decedent’s ½

community property interest in all community property of the estate and an amount equal to ½ of

Decedent’s separate property, and more particularly:

A. An amount equal to ½ of all Decedent’s separate property which consists of all assets of the

estate including real property commonly known as 2928 Lee St., 2855 McCall and 2014

Chestnut, all in Selma, California, and RBC brokerage account, a Bank of America Account, a

West America Bank account, and any other asset of Decedent’s estate which would

constitute the separate property of Decedent, but excluding any personal effects, jewelry,

and household furniture and furnishings which were community property between Decedent

and Petitioner.

B. Decedent’s ½ interest in all personal effects, jewelry, and household furniture and furnishings

which were community property between Decedent and Petitioner, which items were

purchased during the marriage as a result of the their joint efforts, but excluding any items

Decedent owned at the time he married Petitioner.


21 Gurbakhsh Singh Chauhan (Estate) Case No. 16CEPR01169 Petitioner Bains, Gaganpreet Kaur (Pro Per – Daughter) Petition for Letters of Administration

DOD: 08/26/2016 GARGANPREET KAUR BAINS, daughter, is

petitioner and requests appointment as

Administrator without bond.

All heirs waive bond

Full IAEA – O.k.

Decedent died intestate

Residence: Fresno

Publication: The Business Journal

Estimated value of the Estate:

Real property - $300,000.00

Probate Referee: Rick Smith


Continued from 12/14/2016

Note: If the petition is granted status hearings

will be set as follows:

• Tuesday, 07/11/2017, 9:00a.m. in

Dept. 303 for the filing of the

inventory and appraisal and

• Tuesday, 04/17/2018 at 9:00a.m.

in Dept. 303 for the filing of the first

account and final distribution.

Pursuant to Local Rule 7.5 if the required

documents are filed 10 days prior to the

hearings on the matter the status hearing will

come off calendar and no appearance will

be required.

Cont. from 121416

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail w/

✔ Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



UCCJEA Updates:


FTB Notice File 21- Chauhan

21


22 The Brim J. Carter and June A. Carter Revocable Living Trust Agreement,

dated 9/30/1997 Case No. 16CEPR01274 Attorney: Judith A. Wright (for Petitioner Shirley L. Paul)

Petition to Appoint Successor Co-Trustees

SHIRLEY L. PAUL, Trustee, is petitioner.

Petitioner states Brim J. Carter and

June A. Carter executed the Brim J.

Carter and June A. Carter Revocable

Living Trust on 9/30/1997 for their

benefit during their lifetimes and

initially served together as co-trustees.

June A. Carter was found to be

incapacitated and was removed as

co-trustee on 11/5/13.

Brim J. Carter was found to be

incapacitated and was removed as

co-trustee on 11/28/13.

Pursuant to the terms of the trust, Neil

Walden served as successor Trustee to

Brim J. Carter.

June A. Carter died on 8/17/14. The

current sole beneficiary of all sub-trusts

is Brim Carter.

Petitioner states that by order of this

court, dated 6/26/14, Petitioner was

appointed to serve as sole successor

Trustee if the then serving Trustee, Neil

Walden failed to serve for any reason.

Neil Walden resigned as trustee as of

12/31/15.

Shirley Paul agreed to serve as

successor Trustee effective 1/1/16.



Note: There was already a case

opened for the Brim J. Carter and

June A. Carter Revocable Living

Trust, case no. 14CEPR00413. It

appears that this petition should

have been filed into the existing

case.

1. Petition requests Kenneth L.

Carter and Claudia Stanley be

appointed without bond.

Probate Code §15602(a)(3)

requires an individual not named

as trustee in the trust instrument

to give a bond to secure

performance of the trustee’s

duties. – Revised Order received

requiring Kenneth Carter and

Claudia Stanley to serve with

bond. However, the amount of

bond is not stated.

Cont. from

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✔ Order





FTB Notice File 22- Carter

22


22 The Brim J. Carter and June A. Carter Revocable Living Trust Agreement,

dated 9/30/1997 Case No. 16CEPR01274

Petitioner believes that the appointment of successor co-trustees to each sub-trust is in the best

interest of the Trust and to those persons interested in it.

The proposed successor co-trustees are Kenneth L. Carter and Claudia Stanley, CPA. Kenneth L.

Carter is the beneficiary’s son and has been active in the family businesses. Claudia Stanley, CPA, is

serving as the accountant for each of the sub-trusts and is therefore very familiar with the

administration of each trust.

Both Kenneth L. Carter and Claudia Stanley, CPA consent to serve.

Petitioner further requests the court appoint Kenneth L. Carter and Claudia Stanley, CPA to serve

without bond.

Wherefore, Petitioner prays for an order of this Court:

1. As to the Brim J. Carter and June A. Carter Revocable Living Trust Agreement, should Shirley L.

Paul fail to serve for any reason, the Court appoints Kenneth L. Carter and Claudia Stanley,

CPA as successor co-trustees to serve without bond.

2. As to the Brim J. Carter and June A. Carter Trust B, should Shirley L. Paul fail to serve for any

reason, the Court appoints Kenneth L. Carter and Claudia Stanley, CPA as successor co-

trustees to serve without bond.

3. As to the Brim J. Carter and June A. Carter Marital Trust C, should Shirley L. Paul fail to serve for

any reason, the Court appoints Kenneth L. Carter and Claudia Stanley, CPA as successor co-

trustees to serve without bond.


23 Elsie Rogers (Spousal) Case No. 16CEPR01276 Attorney Pascuzzi, Susan L. (for Petitioner Gary A. Rogers)

Spousal or Domestic Partner Property Petition

DOD: 2/1/15 GARY A. ROGERS, Surviving Spouse, is

Petitioner.

No other proceedings

Will dated 10/20/97 devises the entire

estate to her surviving spouse.

Petitioner states further, the subject

property is community property and

would pass to him under the laws of

intestacy, as he and the decedent

were married in 1958 and acquired

the property in 1994. It became

vested in the decedent’s name alone

for financial purposes only. Despite

the vesting, Petitioner and Decedent

at all times considered the assets to

be community property.

Petitioner requests Court confirmation

that an undivided 1/2 interest in the

real property in Clovis belongs to him

and that the decedent’s undivided

1/2 interest in the real property passes

to him.


Aff.Sub.Wit. s/p

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 23- Rogers

23


24 Rodney James Walker (Estate) Case No. 16CEPR01333 Attorney: James J. Mele (for Elizabeth Blue-Walker)

Petition for Letters of Administration; Authorization to Administer Under the IAEA

DOD: 12/1/2016 ELIZABETH BLUE-WALKER, spouse, is

petitioner and requests appointment as

administrator with Full IAEA without

bond.

Surviving spouse waives bond -

Declaration of surviving spouse states

the only probate assets of decedent’s

estate are community property, which

were acquired during their marriage

and the mortgages on them have been

paid at all times with community funds

and earnings. All assets of the estate,

regardless of how title was held for

convenience purposes, are community

property.

Decedent died intestate

Residence: Fresno

Publication: Fresno Business Journal

Estimated value of Estate:

Personal property $ 0.00

Annual gross income: $ 0.00

Real property: $ 140,000.00

Total: $ 140,000.00

Probate Referee: Rick Smith


1. Petitioner states she is sole heir and

requests bond be waived.

(Decedent is survived by petitioner

and their three children.)

Declaration states decedent’s

assets are community property,

which were acquired during the

marriage and the mortgages on

them have been paid at all times

with community funds and

earnings. However, declaration

does not appear to allege

enough facts upon which the

Court can determine the property

should be determined all

community property for the

purpose of waiving bond.

Need information as to when the

parties were married, if they lived

continuously together as husband

and wife, and how the property

was acquired (e.g., with

community property funds, by gift

or devise or by other separate

property funds, etc.)

Court may require bond pursuant

to Probate Code §8481.

Please see additional page.

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Petn Admn

✔ Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



UCCJEA Updates:


FTB Notice File 24- Walker

24


24 Rodney James Walker (Estate) Case No. 16CEPR01333 Page 2

NEEDS/PROBLEMS/COMMENTS, continued:

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

Tuesday, March 14, 2017 at 9:00 am in Department 303, for the filing of the bond, if required.

Tuesday, July 11, 2017 at 9:00 a.m. in Department 303, for the filing of the inventory and appraisal.

Tuesday, May 15, 2018 at 9:00 a.m. in Department 303, for the filing of the first account or petition for

final distribution.

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

will come off calendar and no appearance will be required.


25 Raffi Leon George (Estate) Case No. 04CEPR01552 Attorney: Jeffrey D. Simonian (for Petitioner/Special Administrator Hrant George)

First and Final Report of Special Administrator of Status of Administration; Waiver of Accounting; and

Petition for Allowance of Statutory Attorneys' Compensation; and for Final Distribution

DOD: 10/8/2004 HRANT L. GEORGE, brother and

Special Administrator, is Petitioner.

LEON Y. GEORGE, father, and

ARMEN L. GEORGE, brother, were

appointed Co-Administrators on

1/25/2005.

LEON Y. GEORGE died on 4/10/15.

ARMEN L. GEORGE was removed on

11/30/2015, and Petitioner HRANT L.

GEORGE was appointed as Special

Administrator on 11/30/2015.

I & A - $301,457.66

POH - $179,793.93



(per declaration filed 11/28/2016,

reduced from $9,024.58)

Distribution, pursuant to intestate

succession is to:

Louise K. George (mother) -

$701.56, ½ of the stocks and

securities, ½ interest in

household, furniture, furnishings

and personal effects and ½

interest in real property.

Armen L. George, as personal

representative of the Estate of

Leon Y. George (deceased

father) - $701.56, ½ of the stocks

and securities, ½ interest in

household, furniture, furnishings

and personal effects and ½

interest in real property.


Page 26 is the Estate of Leon Y. George which

expects distribution from the instant estate.

Continued from 1/31/17. Minute Order states

Counsel represents that he spoke with the

Franchise Tax Board last week and was told that

they would be withdrawing their claim and the

request for special notice. The Court indicates

that if the stated withdrawal comes in, the

matter will be taken under submission at the

2/7/2017 hearing.

Status Report was filed 11/28/2016 to address

the defects from the last hearing, as follows:

1. Need Allowance or Rejection of Creditor’s

Claim for Franchise Tax Board claim.

–Status report filed 11/28/2016 states: FTB needs

to withdraw its creditor’s claim to reflect the

filing of the 2004 return in order to close the

decedent’s estate. Counsel’s last conversation

with FTB was 11/23/2016; as of 11/28/2016 the

2004 return was not yet posted.

2. Schedule A – Sales of Assets does not

include the sales price of the assets sold.

Probate Code §10800 requires any loss on

sales to be included in the determination of

the statutory fee base, therefore the amount

the asset was sold for should be included in

the Sales of Assets schedule.

–Status report filed 11/28/2016 states: In order to

expedite the closing of this estate, counsel is

willing to reduce the statutory attorneys’

compensation requested from $9,024.58 to

$7,156.74; the reduction in fee base is an

estimate of the loss that might have been

incurred from liquidation of securities to pay the

margin loan balance of $45,000.00.


Cont. from 042616,

052416, 062116,

080216, 080916,

112916, 013117

Aff.Sub.Wit.

✔ Verified

✔ Inventory

✔ PTC

✔ Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters 1/25/05

Duties/Supp

Objections

Video

Receipt

CI Report

✔ 9202

✔ Order

Aff. Posting Reviewed by: KT / LEG

Status Rpt Reviewed on: 2/2/17 (LEG)

UCCJEA Updates:


FTB Notc N/A File 25- George

25


25 Raffi Leon George (Estate) Case No. 04CEPR01552 Page 2

Status Report was filed 11/28/2016 to address the defects from the last hearing, continued:

3. Petition states between 10/28/04 and 12/31/15 certain securities were sold by E*Trade Securities

and the proceeds were applied to satisfy a margin loan secured by said assets. The assets sold

include 22,573 shares of Nortel Network Common Stock valued at $75,168.09 and 19,072 shares of

Valence Technologies valued at $63,223.68. Court may require more information regarding said

margin loan.

–Status report filed 11/28/2016 states: No further information has been obtained from E*Trade

Securities concerning the sales information for the securities listed on Schedule A or information

concerning the margin loan that was paid from the sale of the securities. E*Trade previously informed

Mr. Simonian that their current records only go back to August 2009 and sales information prior to that

date is unavailable. Copy of correspondence dated 10/6/2016 from E*Trade confirms that

information from their records prior to October 2009 concerning sale of security is not available.

Based on information obtained from an old account statement there was a margin balance of

approximately $42,722.87 as of September 30, 2005. For the period beginning with the Decedent’s

date of death through October 27, 2007, the margin balance could have been as high as $47,000.

4. Proposed distribution appears incorrect. The proposed distribution does not appear have

accounted for the attorney fees (distribution includes 100% of the assets on hand). In addition,

property on hand shows 227.391 shares of Berkshire Focus Fund; however; distributes 256.40 shares

(128.197 to each beneficiary).

–Status report filed 11/28/2016 states: Schedule B attached to the petition for final distribution has two

separate entries for Berkshire Focus Funds for a total of 256.393 shares, which is consistent with the

requested distribution of this asset in the petition for final distribution of 128.197 shares of Berkshire

Focus Funds to Lois K. George and 128.197 shares of Berkshire Focus Funds to Leon Y. George.

Status Report filed on 8/1/16 states the release of the Creditor’s Claim by the Franchise Tax Board

(FTB) has not been obtained. The claim by the FTB was assessed against the decedent for failure to

timely file the Decedent’s 2004 California personal income tax return. The 2004 personal income tax

return has been filed, and indicates a refund due. On 8/1/16 Mr. Simonian spoke with Deborah

Morgan at the FTB in the Probate Unit, who indicated it takes longer to obtain the release/withdrawal

of the Creditor’s Claim because it can take 4-6 months or longer for the FTB to process a return.

Declaration of Jeffrey D. Simonian filed on 8/3/16 includes a copy of the letter from Hrant L. George

to the Estate/Team Beneficiary Services Unit of E*Trade that was mailed on 6/22/16. Mr. Simonian

states on 7/14/2016, he received a call from Corina Cook and was informed that the requested

information was not available because the records retained by E*Trade Securities only cover the

preceding 7 years. As of the latest account statement that was accessible to her there was no

margin loan balance on the account, which confirmed his prior telephone communication with her.


26 Leon Y. George (Estate) Case No. 16CEPR00192

Attorney Jeffrey D. Simonian (for Executor Armen L. George)

Probate Status Hearing Re: Filing of the Inventory and Appraisal

DOD: 4/10/2015 ARMEN L. GEORGE, child, was appointed

Executor with Full IAEA authority with bond

of $152,500.00 on 3/29/2016.

Proof of Bond in the sum of $152,500.00 was

filed on 5/23/2016.

Letters issued on 5/23/2016.

Pursuant to Probate Code § 8800(b), Final

Inventory and Appraisal was due 9/23/2016.

Minute Order dated 3/29/2016 from the

hearing on the petition for probate set the

matter for a Status Hearing on 8/30/2016 for

filing of the final inventory and appraisal.

Status Report filed by Attorney Simonian on

8/29/2016 for the Status Hearing on

8/30/2016 states that on 8/9/2016 a Partial

#1 Inventory and Appraisal was mailed to

Probate Referee Steven Diebert; the real

property to be appraised is to be distributed

in connection with the Estate of Raffi Leon

George, Case 04CEPR01552; the other

assets of the estate are unknown at this time

because they will consist of assets

distributed from the Estate of Raffi Leon

George; once the Estate of Raffi Leon

George is settled, a Final Inventory and

Appraisal will be submitted to the Probate

Referee for appraisal.

Partial #1 Inventory and Appraisal filed

11/28/2016 shows a 50% interest in real

property valued at $65,000.00.


Page 25 is the Estate of Raffi

Leon George, from which the

instant estate expects

distribution of assets.


Minute Order states this matter is

trailing the Raffi George matter.

1. Need final inventory and

appraisal, or current verified

Status Report and proof of

service pursuant to Local Rule

7.5(B).

Cont. from 083016,

102416, 112916,

013117

Aff.Sub.Wit.

Verified

Inventory X

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order


Status Rpt X Reviewed on: 2/2/17

UCCJEA Updates:


FTB Notice File 26- George

26


27 Melissa Dale Guiba (Estate) Case No. 14CEPR01033 Attorney Fanucchi, Edward L. (for Petitioner Ramon Guiba – Spouse)

Attorney Burnside, Leigh W. (for Objector Antonio Alcorta – Son)

Attorney Kruthers, Heather H. (for Public Administrator)

Motion to Continue Trial Date and Extend the Discovery Cut-off

DOD: 3/26/14 RAMON GUIBA is Petitioner.

History: The decedent was survived by

spouse Ramon Guiba and three adult

children, Angela Burke, Antonio L.

Alcorta, Jr., and Alicia Alcorta. Spouse

Ramon Guiba filed a Petition for

Probate on 11/12/14. Daughter Angela

objected, and on 8/31/15, the Court

appointed the Public Administrator.

On 8/28/15, the PA filed a report stating

that the PA determined that there are

no assets to probate and requesting

discharge. However, on 8/31/15, Mr.

Fanucchi advised the Court that he

believes they have a claim against the

[ex] husband and insurance company,

and he will be filing an §850 petition.

The Court directed that the matter

remain open.

The §850 petition was filed 2/2/16.

Objection was filed 3/11/16 by son

Antonio Alcorta. The matter was set for

trial, and trial was continued to 2/7/17

upon motion of Petitioner per Minute

Order 11/1/16.

This is Petitioner’s second Motion to

Continue Trial Date and Extend the

Discovery Cut-off. The motion was filed

ex parte on 2/1/17 and set for hearing

on the continued trial date of 2/7/17

per Order entered 2/2/17.

Petitioner states good cause exists for

granting this motion. Despite diligence

of counsel, an essential witness and

essential evidence is unavailable for

the current trial date.

SEE PAGE 2


Note: The Public Administrator was

appointed per Minute Order 4/6/15;

however, no Order for Probate has

ever been submitted for signature

and Letters have not issued.

On 8/28/15, the PA filed a report

requesting discharge for no assets;

however, on 8/31/15, the Court

directed the probate remain open

due to the pending §850 petition.

Therefore, need Order for Probate

and Letters of Administration for

issuance for jurisdictional purposes.

Note: Status hearings for the filing of

the I&A and the first or final account

have been trailing the trial matter

and on 11/8/16 were continued to

4/18/17.

1. Notice was emailed to Attorneys

Burnside and Kruthers, but was

not sent to all parties per Order

2/2/17. Need proof of notice to

the Public Administrator directly

and all three children directly:

Antonio Alcorta, Angela Burke,

and Alicia Alcorta.

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters x

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order x



UCCJEA Updates:


FTB Notice File 27- Guiba

27


27 Melissa Dale Guiba (Estate) Case No. 14CEPR01033

Page 2 – Declaration of Edward L. Fanucchi in Support of Motion states this action arises out of a

dispute concerning the amount, nature, and distribution of property of the estate of Decedent

Melissa Dale Guiba. The most significant issues in dispute relate to whether the decedent had a 50%

ownership of a business identified as D. Danz & Sons, Inc., at the time of her death, and whether

$1,800,000 of insurance policies on the decedent’s life were buy-out business policies. Given these

issues, documentation and information re ownership of the entity and its value are critical in this

action. Both the issue of ownership and the issues related to life insurance policies rest on expert

analysis and testimony.

Continuance and extension of discovery cut-off are necessary on the following grounds:

a. Petitioner recently obtained voluminous records produced in this action including incomplete tax

returns related to the business, relevant both as to worth and ownership. Further information is

needed.

b. The records produced by Respondent are incomplete in that not all tax records were produced.

As Respondent objected to his CPA appearing or producing documents before trial, Petitioenr

simply planned to obtain information at trial and served CPA Blohm with a subpoena to appear

and bring documents on 2/7/17.

c. Petitioner’s counsel has just been informed that Mr. Blohm does not plan to appear and produce

documents due to a personal conflict and would be unavailable through 2/10/17. Therefore,

Petitioner will be unable to obtain the necessary documents or testimony at trial.

d. Petitioner will suffer significant prejudice if Mr. Blohm does not appear and produce the records

requested at trial.

e. In an effort to prevent the need to bring this matter before the Court, Counsel attempted to

obtain agreement to video-tape his testimony; however, while he indicated he would be

amendable to video deposition, he would not be able to produce the documents. Without the

requested records, the testimony would be of little value.

f. Petitioner sought stipulation from opposing counsel for a short trial continuance, but opposing

counsel would not so stipulate.

See also declarations of Christina C. Olsen and Jay M. Kelly in support of motion.

Respondent’s Opposition to Motion to Continue Trial and Extend the Discovery Cut-off on 2/2/17.

Respondent Antonio Alcorta (Tony) states the “good cause” to continue trial (for the second time) is

predicated on two facts: That a supposedly key witness “just” informed counsel that he will be

unavailable, and that Petitioner only recently received the voluminous incomplete documents from

Respondent that necessitate such witness’ records and testimony. Neither of these facts is sufficient

to establish good cause to continue the trial date. Ramon previously sought continuance on the eve

of trial through ex parte motion, which continuance was granted specifically so that he could take

Mr. Blohm’s deposition and conduct further discovery. Unfortunately, he failed to timely set the

deposition or subpoena his records. He now unabashedly seeks another continuance to do so. To

add insult to injury, many of the key factual assertions contained in the request for continuance are

simply false. Mr. Blohm informed counsel on January 18 or 19 to inform them of his unavailability.

Second, Petitioner has received no new documents since his previous motion, and that was the

purpose of his prior continuance. Lastly, he does not actually need Mr. Blohm’s testimony or records.

The information sought is completely irrelevant to the case at bar. Thus, there is no good cause to

grant a second continuance. The only reason Petitioner is unable to go forward on 2/7/17 is his own

lack of diligence in prosecuting his case. See Opposition and declarations in support of opposition by

Philip Blohm and Legh W. Burnside for additional details and authority.

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