thursday, december 1, 2016 - fresno.courts.ca.govdept. 303, 9:00 a.m. thursday, december 1, 2016...

Dept. 303, 9:00 a.m. Thursday, December 1, 2016

Thursday, December 1, 2016

The Probate Examiner’s Office recommends approval of the following Probate matters:

23 16CEPR01076 David Gene McMurray (Estate)

24 16CEPR01079 Donna Harris (Estate)

The following Probate matters have been continued at the request of the Petitioner or the

Petitioner’s attorney:

25 16CEPR01081 Grace M. Gartman (Estate)

The following Probate matters are off calendar:

2 07CEPR00435 Phillip Luis Castillo (Special Needs Trust)

3 13CEPR00674 Fong Yang (SNT)

7 15CEPR00780 John Martin Gonsalves (Estate)

9 16CEPR00174 Camron John Pius (Estate)

13 16CEPR00547 Grace Ontis (Estate)

14 16CEPR00667 Sarah Marple (Estate)

17 16CEPR00957 Clifford M. Bethel, JR (Estate)

22 16CEPR01063 Krystene Alvarado (CONS/P)

Appearance of counsel is recommended for all remaining Probate matters set for hearing.

Thank you.

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1 Dorothy Hutton (CONS/PE) Case No. 02CEPR01148

Attorney Heather H. Kruthers (for Public Guardian, Conservator)

Attorney Nancy J. LeVan (Court-appointed for Conservatee)

Probate Status Hearing Re: Terminating Conservatorship of the Person

PUBLIC GUARDIAN was appointed

Conservator of the Person and Estate on

5/6/2003.

Notice of Status Hearing filed 10/11/2016

set this status hearing on 12/1/2016 for

status regarding terminating the

Conservatorship of the Person.

Court Investigator Jennifer Daniel’s Report

filed 10/20/2016.

NEEDS/PROBLEMS/COMMENTS:

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

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Receipt

✔ CI Report

9202

✔ Order

Aff. Posting Reviewed by: LEG

Status Rpt Reviewed on: 11/23/16

UCCJEA Updates: 11/28/16

Citation Recommendation:

FTB Notice File 1- Hutton

1


2 Phillip Luis Castillo (Special Needs Trust) Case No. 07CEPR00435 Attorney: Jeffrey B. Pape (for Trustee Bruce Bickel)

Probate Status Hearing RE: Filing of the 5th Account

BRUCE BICKEL is Trustee.

The Fourth Account for the account

period ending on 9/30/14 was

approved on 1/7/16.

The value of the property on hand at

the end of the fourth account was

$88,316.21.

Minute order dated 1/7/16 set this status

hearing for the filing of the Fifth

Account.


OFF CALENDAR. Fifth Account

filed and set for hearing on 1/24/17.

Cont. from

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9202

Order

Aff. Posting Reviewed by: KT


UCCJEA Updates:


FTB Notice File 2- Castillo

2


3 Fong Yang (SNT) Case No. 13CEPR00674 Attorney: Kim M. Herold (Trustees Perine & Dickens)

Probate Status Hearing RE: Filing of the Next Account


OFF CALENDAR. Third account

filed and set for hearing on 1/19/17.

Cont. from

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CI Report

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Order



UCCJEA Updates:


FTB Notice File 3- Yang

3


4 Jay S. Rodriguez (Estate) Case No. 14CEPR00867 Attorney: Gary G. Bagdasarian (for Administrator Maxine Rodriguez)

Probate Status Re: Filing of the First Account or Petition for Final Distribution.

DOD: 8/13/14 MAXINE RODRIGUEZ was appointed

Administrator with Limited IAEA and bond

set at $10,000.00 on 12/18/14.

Bond of $10,000.00 was filed on 11/20/14.

Letters issued on 12/18/14.

I & A, partial no.1, filed on 2/13/15 shows

a value of $15,918.38.

I & A, final, filed on 3/30/16 shows a value

of $117,500.00

Minute order dated 12/18/14 set this status

hearing for the filing of the first account or

petition for final distribution.

Former Status Report filed on 9/20/16

states the real property asset of the estate

was sold and escrow closed on 8/12/16,

yielding a balance to the Estate of

$113,470.25. The accountant for the

Estate is in the process of completing the

accounting in connection with the First

and Final Account and Report.

Status report filed 11/29/2016 states the

accountant for the estate continues the

process of completing the accounting in

connection with the first and final

account. The Administrator continues to

obtain receipts for costs advanced.

Therefore, counsel requests a 60-day

continuance.


1. Need first account or petition

final distribution 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. Status report was filed

11/29/2016 requesting a 60-

day continuance

Cont. from 042116,

072816, 092216

Aff.Sub.Wit.

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9202

Order


✔ Status Rpt w/ Reviewed on: 11/23/16

UCCJEA Updates: 11/30/2016 (SEF)


FTB Notice File 4- Rodriguez

4


5 Virginia Garcia (Estate) Case No. 15CEPR00159 Attorney Flanigan, Philip M. (for Martha Huerta – Administrator) Probate Status Hearing RE: First or Final Account

DOD: 06/21/99 MARTHA HUERTA, daughter, was appointed as

Administrator with full IAEA and with bond set at

$110,000.00 on 04/02/15.

Receipt of Bond filed 05/13/2015 in the amount of

$110,000.00.

Letters issued on 05/13/2015.

Final Inventory and Appraisal filed 08/03/2015 shows

an estate valued at $55,000.00.

Minute Order from 04/02/15 set this hearing for

status regarding filing of the First and/or Final

Account.

Declaration of Philip M. Flanigan and Status Report

and Request for Continuance filed 08/26/2016

states on 09/08/2016, the court approved the

request for continuance allowing the Administrator

time to server her brother with an eviction notice to

vacate the property so she could sell the home.

On 11/01/2016, the Administrator posed the

eviction notice at the home, notifying her brother

that is living there, that he has 90 days to vacate

the property. The 90 days expires on 02/01/2016.

The Administrator has chosen a Realtor to sell the

property in the meantime. The Realtor has gone to

the house, but has stated that he does not feel

comfortable listing and showing the home while

the Administrator’s brother is residing in the home.

The Realtor prefers to wait until the brother has

vacated the property.

The Administrator has been in constant contact

with the other beneficiaries, and everyone is in

agreeance and they all understand the situation

and the process that must happen. It is respectfully

requested that this matter be continued for 90

days. At that time it will be known if another status

report will need to be filed or if sale of the real

property can commence. If the Administrator’s

brother has not vacated the property, the

Administrator must file an Unlawful Detainer Claim

against her brother.


Minute Order of 06/02/2016:

Counsel requests 90 days.

1. Need First Account or

Petition for Final Distribution.

Cont. from 060216,

090816

Aff.Sub.Wit.

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CI Report

9202

Order

Aff. Posting Reviewed by: LV


UCCJEA Updates:


FTB Notice File 5- Garcia

5


6 John A. Kochergen (Estate) Case No. 15CEPR00779 Attorney: Steven M. Matlak (for Mike J. Kochergen – Executor)

Probate Status Hearing Re: Filing First or Final Account

DOD: 6/15/2016 MIKE J. KOCHERGEN, remaining co-

executor, was appointed as sole executor

of the estate with full IAEA without bond on

8/24/2016 (due to the death of co-

executor Ann J. Shuken).

Amended Letters issued 8/25/2016

There are no known assets of the estate

requiring the filing of an inventory and

appraisal.

The purpose of the probate was to

prosecute and defend decedent’s interest

in pending litigation and to determine all

creditor’s claims against the estate. The

sole heir of the estate is decedent’s trust,

which is subject to the claims of the

creditors.

There are presently five creditor’s claims

filed against the estate. Some have been

paid in full and some remain outstanding.

It is anticipated it will take approximately six

months to pay the claims and close out the

estate.


1. Need first and final account

and petition for final

distribution.

2. Status report does not

indicate that it was served on

all interested parties. Local

Rule 7.5B requires notice of

the status hearing along with

a copy of the status report to

be served on all necessary

parties (including James H.

Wilkins who filed a request for

special notice on 12/9/2015).

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

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Hrg

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9202

Order

Aff. Posting Reviewed by: SEF


UCCJEA Updates:


FTB Notice File 6- Kochergen

6


7 John Martin Gonsalves (Estate) Case No. 15CEPR00780 Attorney: Gary G. Bagdasarian (for Wendy D. Hurst – Executor)

Probate Status Hearing Re: Filing of the First or Final Account

DOD: 10/6/2014 WENDY D. HURST was appointed executor

with full IAEA without bond on 9/24/2015.

Letters issued 9/28/2015

I&A filed 2/22/2016 shows the estate

valued at $21,027.65.

Minute order dated 9/24/2015 set this

status hearing for filing of the first and final

accounting.


OFF CALENDAR. Waiver of accounting and petition

for final distribution efiled

11/30/2016.

Cont. from

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Order


Status Rpt x Reviewed on: 11/23/2016



FTB Notice File 7- Gonsalves

7


8 Glenna Von Flue (Estate) Case No. 15CEPR00810 Attorney: Gary G. Bagdasarian (for William S. Von Flue – Administrator)

Probate Status Hearing RE: Filing of the First or Final Account

DOD: 7/18/2015 WILLIAM S. VON FLUE was appointed

administrator with full IAEA with

$20,000.00 bond on 10/1/2015.

Letters issued 10/6/2015.

I&As filed 11/5/2015 and 1/13/2016

show the estate valued at $153,866.08.

Minute order dated 10/1/2015 set this

status hearing for filing of the first and

final accounting.

Status Report filed 11/29/2016 states

the real property of the estate has

been sold and the creditor claims

paid. The accountant for the estate is

in the process of completing the

accounting in connection with the first

and final account. Therefore, counsel

requests a 60-day continuance.


3. Need first account, petition for

final distribution 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. Status

report filed 11/29/2016 requests a

60-day continuance.

Cont. from

Aff.Sub.Wit.

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✔ Status Rpt w/ Reviewed on: 11/23/2016



FTB Notice File 8- Flue

8


9 Camron John Pius (Estate) Case No. 16CEPR00174 Attorney: Michael P Dowling (for Brent Pius, Administrator)

Waiver of First and Final Account and Report of Administrator and Petition

for Settlement; for Allowance of Compensation to Attorney for Ordinary

Services; and for Final Distribution

DOD: 12/24/2015 BRENT PIUS, administrator with full IAEA without

bond, is petitioner

Accounting is waived

I&A - $312,950.00

POH - $317,408.63 ($5,258.63

is cash)

Administrator - waives

Attorney - $9,253.00 (statutory)

The estate consisted of noncash assets. Petitioner

paid from his own personal funds for the benefit of

the estate during the course of administration, the

following:

$15,156.16 (DMV fees, loan payoffs,

mortgage payments, insurance, etc)

$1,697.50 (filing, publication and

probate referee fees)

Petitioner requests the Court acknowledge his

payments and costs advanced.

Petitioner and his spouse (parents of decedent)

filed two creditors’ claims for amounts loaned to

decedent in 2015 and owed to them prior to their

son’s death. An additional claim was filed for

decedent’s funeral expenses. The creditor’s claims

were allowed by the Court on 11/14/2016. There is

insufficient cash in the estate to pay the claims.

Petitioner and his spouse have agreed in writing to

assume all liability for the satisfaction of each of

the claims per Probate Code 11464 and an

Agreement for Assumption of Liability for Creditor’s

Claims by Distributees of Estate was filed

11/3/2016. (Please see additional page for

detailed information re: creditor’s claims.)

No other claims have been filed or presented

against the estate. The estate is solvent.

Please see additional page.


OFF CALENDAR. Order signed 11/28/2016.

Continued from 11/3/2016.

Minute order dated

11/3/2016 states Counsel will

file documents to address

the defects [regarding three

outstanding creditor’s claims

filed by the personal

representative and his

spouse and Court approval

of same]; if what is filed

resolves the issues, then no

appearance is necessary on

12/1/2016.

An Agreement for

Assumption of Liability for

Creditor’s Claims by

Distributees of Estate

pursuant to Prob C§ 11464

was filed 11/3/2016

regarding the three

aforementioned creditor’s

claims. Subsequently,

allowance and rejections of

the three outstanding claims

were filed and approved by

the Court on 11/14/2016.

Therefore, it appears this

estate is now in a condition

to be closed.

Cont. from 110316

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✔ FTB Notice File 9- Pius

9


9 Camron John Pius (Estate) Case No. 16CEPR00174 Page 2

Agreement for Assumption of Liability for Creditor’s Claims by Distributees of Estate for the following

creditor’s claims allowed by the Court on 11/14/16:

$83,664.19 Pius Construction, Inc. and Brent and Diana Pius (loan by corporation to decedent

for home repairs and improvements; home purchased needed extensive work)**

$20,706.22 Diana Pius (money loaned to decedent during home purchase - appliances, HOA

dues, drywall work, fence repair, pool resurfacing, etc.)

$7,652.30 Diana Pius and Brent Pius (funeral expenses)

**Declaration filed 7/28/2016 in support of creditor claim by Prius Construction states Diana Pius

and Brent Pius are President and Secretary, respectively, of Pius Construction, Inc. They are the

parents of decedent, who purchased a home in Prather, CA in December 2014. Declarants

loaned decedent funds to make the house habitable. They did not formalize the loan with a

promissory note and/or a deed of trust on the real property so as not to interfere with

decedent’s first deed of trust with Wells Fargo.

Distribution, pursuant to intestate succession and the assumption of liability for creditor’s claims, of

property on hand consisting of real property, furniture and furnishings and personal effects, autos, cash

and a firearm, are to:

Diana Pius (50%)

Brent Pius (50%)


10A Savanah Elise Anderson (GUARD/PE) Case No. 16CEPR00312

Guardian Stephen D. Anderson (Pro Per, maternal grandfather)

Guardian Ann P. Anderson (Pro Per, maternal grandmother)

Probate Status Hearing Re: Receipt of Insurance Proceeds

STEPHEN D. ANDERSON and ANN P. ANDERSON,

maternal grandparents, were appointed as

Co-Guardians of the Person and Estate on

5/23/2016. Letters issued on 5/23/2016.


Page 10B is the Co-Guardians’

Petition to Withdraw Funds

from Blocked Account.

Cont. from

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UCCJEA Updates:


FTB Notice File 10A - Anderson

10A


10B Savanah Elise Anderson (GUARD/PE) Case No. 16CEPR00312

Guardian Stephen D. Anderson (Pro Per, maternal grandfather)

Guardian Ann P. Anderson (Pro Per, maternal grandmother)

Petition for Withdrawal of Funds from Blocked Account

STEPHEN D. ANDERSON and ANN P.

ANDERSON, maternal grandparents and

Co-Guardians of the Person and Estate

appointed on 5/23/2016, are Petitioners.

~Please see Petition for details~


Note: Order on Ex Parte Petition

for Withdrawal of Funds from

Blocked Account filed

11/17/2016 set this hearing on

12/1/2016, requiring that

Petitioners shall cause notice of

hearing to be served on all

interested parties no later than

5 days prior to the hearing.

Clerk’s Certificate of Mailing

shows a copy of the Ex Parte

Order was mailed to Petitioners

on 11/17/2016.

1. Need proof of service of

Notice of Hearing with a

copy of the Petition for

Withdrawal of Funds from

Blocked Account for

SAVANAH ANDERSON.

~Please see additional page~

Cont. from

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Order X



UCCJEA Updates:


FTB Notice File 10B - Anderson

10B


10B Additional Page, Savanah Elise Anderson (GUARD/PE) Case No. 16CEPR00312

NEEDS/PROBLEMS/COMMENTS, continued:

2. Court may require authority to support the Petitioners’ request that the minor’s estate bear the

$11,174.77 cost of funeral and burial for the minor’s deceased mother. Local Rule 7.8.3(A)

provides that, with the exception of withdrawals to pay taxes on minor’s funds, requests to

withdraw funds will ordinarily be denied if either or both parents are living and financially able to

pay the requested expenditure. An application to withdraw funds for purposes other than

payment of taxes shall be accompanied by a financial declaration by the parent or parents

(here, the Rule may apply to the Co-Guardians), describing their income and expenses and, if

applicable, other circumstances justifying the use of the minor’s assets. A statement regarding the

minor’s employment and income, if any, shall also be attached.

3. Need proposed Order for Withdrawal of Funds from Blocked Account mandatory-use Judicial

Council form MC-358.


11 Daniel Ortiz, Adrian Ortiz, Makaila Ortiz and

Jeremiah Ortiz (GUARD/P) Case No. 16CEPR00406 Petitioner: Valerie Sainz (Pro per – Mother)

Objector: Christina Rodriguez (Pro per – Guardian/Paternal grandmother)

Petition for Visitation

VALERIE SAINZ, mother, is petitioner

CHRISTINA RODRIGUEZ, paternal grandmother,

was appointed guardian of the minors on

7/25/2016.

Objections by Christina Rodriguez filed

11/22/2016.

Please see petition for details.


Petitioner:

1. Proof of service of Notice of

Hearing filed 11/29/2016 is

not dated at signature line

by declarant.

Cont. from

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FTB Notice File 11- Ortiz

11


12 Robert P. Becker Survivor's Trust Case No. 16CEPR00474 Attorney Magness, Marcus D. (for Knox Blasingame)

Status RE: Filing of Consent

KNOX BLASINGAME, Trustee, filed a

First Account and Report of Trustee;

Petition for Settlement of Account and

Report of Trustee; Petition for Order

Accepting Resignation of Trustee and

for Appointment of Successor Trustee

on 5/4/16.

On 7/21/16, the Court granted the

petition contingent on consent of the

proposed successor trustee, BANK OF

AMERICA, N.A. (“US TRUST”) being filed.

The Court set this status hearing for the

filing of consent by US Trust.


Minute Order 10/27/16: Counsel

requests 30 days.

As of 11/23/16, nothing further has

been filed.

1. Need consent of successor

trustee or written status report per

Local Rule 7.5.

Cont. from 102716

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Aff. Posting Reviewed by: skc


UCCJEA Updates:


FTB Notice File 12- Becker

12


13 Grace Ontis (Estate) Case No. 16CEPR00547 Executor: Alan Yengoyan (pro per)

Probate Status Hearing Status RE: Filing of the Inventory and Appraisal


OFF CALENDAR. Inventory and

appraisal filed on 11/22/16.

Cont. from

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UCCJEA Updates:


FTB Notice File 13- Ontis

13


14 Sarah Marple (Estate) Case No. 16CEPR00667 Attorney: Robyn L. Esraelian (for Petitioner Nancy Ramos)

Petition for Waiver of Appraisal by Probate Referee and Statement of

Cause (California Probate Code Section 8903)

DOD: 10/9/02 NANCY RAMOS, Administrator, is

petitioner.

Petitioner states Rick Smith has been

designated by the Court to act as a

probate referee in these proceedings.

Petitioner has delivered an inventory

of the property to be administered in

this estate to the probate referee. The

probate referee rejected the

inventory due to the fact that the

property owned by the decedent is

located out of the country.

There is good cause to justify the court

waiving appraisal by a probate

referee in these proceedings.

Wherefore, petitioner prays for an

order as follows:

1. Waiving appraisal by a probate

referee in these proceedings for

the administration of decedent’s

estate.


OFF CALENDAR. Dismissal of

Petition entered on 11/21/16.

Cont. from 101316

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UCCJEA Updates:


FTB Notice File 14- Marple

14


15 Camri Tolbert, Egypt Ford-Medley (GUARD/P) Case No. 16CEPR00774 Petitioner Dickerson, Charles (Pro Per – Maternal Grandfather)

Objector Tolbert, Camron (Pro Per – Father) Petition for Appointment of Guardian of the Person

TEMPORARY EXPIRES 12/01/2016

CHARLES DICKERSON, maternal grandfather,

is petitioner.

Please see petition for details


Minute Order of 10/20/2016: Petitioner

represents that he had an individual

attempt to serve Camron Tolbert with a

copy of the petition, but Mr. Tolbert

refused to accept it. Therefore, Deputy

Dau serves a copy of the petition on

Camron Tolbert in open court. Mr.

Tolbert is ordered to file and properly

serve any objections he has by

11/10/2016. Mr. Tolbert requests

visitation, and the Court denies the

request.

Minute Order of 09/22/2016: Petitioner

represents that the filed proofs of service

and a consent from Shaquana Ford,

mother, on 07/29/2016, but the Court

notes that none of the stated

documents are in the file or Odyssey.

Ms. Ford represents that she did sign a

consent, and Camron Tolbert, father,

shows the Court that he was served with

the Notice of Hearing only. Petitioner is

admonished to bring all filed paper

work to court hearings from now on. Mr.

Tolbert represents that his father is

Michael Harris and his mother is Tamara

McCloud, but he does not know their

addresses. Petitioner need only have a

copy of the general petition served as

to Camron Tolbert.

Needs/Problems/Comments on the

final page

Cont. from 092216,

102016

Aff.Sub.Wit.

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Aff.Mail x

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✔ UCCJEA Updates:


FTB Notice File 15- Tolbert/ Ford-Medley

15


15(additional page) Camri Tolbert, Egypt Ford-Medley (GUARD/P)

Case No. 16CEPR00774

NEEDS/PROBLEMS/COMMENTS

1. Need Notice of Hearing.

2. Need proof of personal service fifteen (15) days prior to the hearing of the Notice of Hearing

along with a copy of the Petition for Appointment of Guardian or consent and waiver of notice or

declaration of due diligence for:

Jermaine Medley (Father of Egypt) – See Examiner Note #3

Shaquana Ford (Mother)

Note: Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and

Waiver of Notice, Mandatory Judicial Council Form GC-211, was filed 10/18/2016 and was signed by Shaquana

Ford, mother, on the Nomination of Guardian portion and not the Consent to Appointment of Guardian and

Waiver of Notice portion.

3. Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and

Waiver of Notice, Mandatory Judicial Council Form GC-211, was filed 10/18/2016 and was signed by

Jermaine E. Medley, Sr., father, on the Nomination of Guardian portion and crossed out on the Consent to

Appointment of Guardian and Waiver of Notice portion. It is unclear if the father is intending to consent to

the appointment of guardian.

4. Need proof of service fifteen (15) days prior to the hearing of the Notice of Hearing along with a

copy of the Petition for Appointment of Guardian or consent and waiver of notice or declaration

of due diligence for:

Michael Harris (Paternal Grandfather of Camri)

Tamara McCloud (Paternal Grandfather of Camri) – Unless the Court dispenses with Notice

Note: Declaration of Due Diligence filed 10/18/2016

Paternal Grandparents of Egypt (Not Listed)

Janeen Jefferson (Maternal Grandmother)

5. UCCJEA is incomplete. It fails to include the dates for the period of residence for each child (3a

and 3b)


16 Elvey Perkins (Det. Succ) Case No. 16CEPR00798 Attorney: Melvin K. Rube (for Petitioner Lois Harris Perkins)

Attorney: Thomas A. Markeson (for Objector Andre Perkins)

Petition to Determine Succession to Real Property

DOD: 8/3/15 LOIS HARRIS PERKINS, surviving spouse, is

petitioner.

40 Days since DOD.

No other proceedings.

Will dated: 3/23/05 devises entire estate to

spouse, Lois Harris Perkins.

I & A - $110,000.00

Petitioner requests Court determination

that Decedent’s interest in real property

pass to her pursuant to Decedent’s will.

Opposition to Petitioner to Determine

Succession to Real Property and Will

Contest of Purported Will, Petition for

Breach of Contract; Petition for Specific

Performance of Contract; Petition for

Damages for Unjust Enrichment; Petition for

Declaratory Relief filed by Andre Perkins

on 9/28/16. Objector believes the will to

be a forgery. It should be noted that LOIS

HARRIS PERKINS has failed to submit the

original will to the clerk of the court as

required by Probate Code §8200.

Furthermore, in 2009 the decedent

promised to transfer the 1643 Fifth Street

property to Objector and his brothers in

exchange for work Objector did at that

house and on his father’s residence.

Objector alleges he performed under the

agreement and is entitled to enforce that

contract.

Objections include a Will contest, breach

of contract to make a will, specific

performance of contract, unjust

enrichment/restitution, and declaratory

relief.

Please see additional page


Minute order dated 11/3/16

states matter continued for

further discussions.

1. Attachment 11 does not

state the decedent’s interest

in the real property as

required.

2. Need Order.

Cont. from 090816,

092916, 110316

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 X



UCCJEA Updates:


FTB Notice File 16- Perkins


16

16 Elvey Perkins (Det. Succ) Case No. 16CEPR00798

Amended Opposition to Petitioner to Determine Succession to Real Property and Will Contest of

Purported Will, Petition for Breach of Contract; Petition for Specific Performance of Contract; Petition

for Damages for Unjust Enrichment; Petition for Declaratory Relief filed by Andre Perkins on 10/25/16.


17 Clifford M. Bethel, Jr. (Estate) Case No. 16CEPR00957

Attorney Gary G. Bagdasarian (for Petitioner Alice Colleen Bethel)

Petition for Letters of Administration; Authorization to Administer under IAEA

DOD: 7/31/2016 ALICE COLLEEN BETHEL, daughter, is

Petitioner and requests appointment as

Administrator with full IAEA without bond.

Full IAEA — OK

Decedent died intestate.

Residence — Fresno

Publication — Business Journal

Estimated value of the Estate:

Personal property - $190,000.00

Annual income PP - $ 1,000.00

_______________ ___________

Total - $191,000.00

Probate Referee: Rick Smith

Status Report filed by GARY

BAGDASARIAN on 11/2/2016 states

ALICE COLLEEN BETHEL has decided that

she will decline the appointment as

Administrator of the Estate, and will

instead nominate her daughter,

KIAYONA S. BEECHER, to be appointed

as Administrator of the Estate, and will

file the necessary documents in

connection with the same as soon as

possible.


OFF CALENDAR Amended Petition for Letters of

Administration is set for hearing

1/24/2017.

Continued from 11/3/2016. Minute

Order states counsel requests

additional time; he is working on

obtaining waivers.

1. Need amended petition and

supporting documentation for

request for appointment of

KIAYONA S. BEECHER,

granddaughter, as Administrator

of the Estate.

Cont. from 102016,

110316

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 X

Duties/Supp X

Objections

Video

Receipt

CI Report

9202

Order X





FTB Notice File 17- Bethel

17


18 Priscilla Juliana Rodriguez (GUARD/P) Case No. 16CEPR01004 Attorney: Julie C. Jones (for Petitioners Leopoldo Rodriguez and Mary Rodriguez)

Petition for Appointment of Guardian of the Person


LEOPOLDO RODRIGUEZ and MARY

RODRIGUEZ, paternal grandparents,

are petitioners.


1. Need proof of service of the

Notice of Hearing along with a

copy of the petition or Consent

and Waiver of Notice or

Declaration of Due Diligence on:

a. Unknown maternal

grandfather

b. Carrie (last name

unknown) maternal

grandmother.

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



✔ UCCJEA Updates:



18


19 Elexis Rodriguez, Jacob Rodriguez (GUARD/P) Case No. 16CEPR01012 Petitioner Gonzalez, Kathleen R (Pro per – Step-mother)

Petitioner Parra, Sabrina A (Pro per – Sister) Petition for Appointment of Guardian of the Person


KATHLEEN GONZALEZ and SABRINA PARRA,

step-mother and sister, are petitioners

Please see petition for details


Minute Order of 10/11/2016 re

Temporary Petition: The Court orders that

there be no visits to the father until he

appears before the Court.


2. Need proof of personal service

fifteen (15) days prior to the

hearing of the Notice of Hearing

along with a copy of the Petition

for Appointment of Guardian or

consent and waiver of notice or


Robert Anthony Rodriguez

(Father)

3. Need proof of service fifteen (15)

days prior to the hearing of the

Notice of Hearing along with a

copy of the Petition for

Appointment of Guardian or

consent and waiver of notice or


Rogenia Reyes (Maternal

Grandfather)

Bertha Reyes (Maternal

Grandmother)

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of Hrg x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

✔ Conf. Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

✔ CI Report

9202

✔ Order



✔ UCCJEA Updates:



19


20A Gurrinder Singh (GUARD/P) Case No. 16CEPR01015 Attorney: Kyle Howard (for Petitioner Harkirat Singh)

Petition for Appointment of Guardian of the Person

THERE IS NO TEMPORARY. No temporary

was requested.

HARKIRAT SINGH, non-relative, is petitioner.


Cont. from

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 20A- Singh

20A


20B Gurrinder Singh (GUARD/P) Case No. 16CEPR01015 Attorney: Kyle Howard (for Petitioner Harkirat Singh)

Petition for Special Immigrant Juvenile Finding

HARKIRAT SINGH, non-relative, is petitioner.


1. Statement of Gurrinder

filed on 9/30/16 is written in

what appears to be

Punjabi. Gurrinder’s

declaration does not

comply with California

Rules of Court, Rule

3.1110(g) “Exhibits written

in a foreign language must

be accompanied by an

English translation, certified

under oath by a qualified

interpreter.” The

declaration has an English

translation however it does

not include an interpreter’s

certification.

2. Statement of Gurrinder

filed on 9/30/16 was not

verified. Probate Code

§1021.

Cont. from

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 20B- Singh

20B


21 Glenn Howard Marcussen (Estate) Case No. 16CEPR01062 Petitioner: Evelyn Hatch (Pro per – Sister)

Petition for Probate of Will and Authorization to Administer Under IAEA

DOD: 10/2/2016 EVELYN HATCH, sister/named executor

without bond, is petitioner.

Will waives bond.

Full IAEA – o.k.

Will dated 9/11/2016

Residence: Coalinga

Publication: Fresno Bee

Estimated value of estate:

Personal property $ 316,676.00

Annual gross income: $ 0.00

Real property: $ 170,000.00

Total: $ 486,626.00

Probate Referee: Steven Diebert


1. Caption of petition was checked

as “Probate of Will and for Letters

of Administration with Will

Annexed.” However, petition,

publication, order and letters all

reflect appointment of petitioner

as executor. (Petitioner was

named as executor in

decedent’s will.)

2. Caption of petition lists the Estate

of “Glenn Howard Marcussen.”

The publication lists “Glenn

Marcussen or Glenn Howard

Marcussen.”

3. Item 3d(2) of petition states all

beneficiaries are adults and have

waived bond. No waivers of

bond are attached to petition.

4. Item 3e(2) of petition states a

copy of decedent’s will dated

9/11/2016 is affixed as

Attachment 3e(2). There is no

copy of the will attached to the

petition.

5. Item 5a(2)(b) of petition indicates

a deceased spouse. Need name

and date of death of deceased

spouse per Local Rule 7.1.1D.


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 21- Marcussen

21


21 Glenn Howard Marcussen (Estate) Case No. 16CEPR01062 Page 2


6. Item 8 of petition does not list the following: deceased spouse; Mark Scott, CPA – named in

decedent’s will; the trustee of the Marcusson Living Trust. (If the trustee and the personal

representative are the same person, item 8 must also list all beneficiaries of the trust.)

7. Per item 6, above, the probate examiner is unable to determine all persons entitled to notice.

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

Tuesday, May 1, 2017 at 9:00 a.m. in Department 303, for the filing of the inventory and appraisal.

Tuesday, February 5, 2018 at 9:00 a.m. in Department 303, for the filing of the first account or


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.


22 Krystene Alvarado (CONS/P) Case No. 16CEPR01063 Petitioner: Adrianne Galvan (Pro per – Mother)

Petition for Appointment of Limited Probate Conservator of the Person

NO TEMPORARY; NOT REQUESTED

ADRIANNE GALVAN, mother, is

petitioner and requests appointment

as Limited Conservator under Probate

Code 2351.5. Petitioner requests the

following powers: access to proposed

conservatee’s confidential medical

record and papers; limit proposed

conservatee’s right to enter into

contracts; limit the power of

proposed conservatee to give or

withhold medical consent.



OFF CALENDAR. An amended

petition for general conservatorship was

filed 11/29/2016 and is now set for

1/10/2017.

Court Investigator Advised Rights on

11/1/2016.

1. Petitioner is requesting a limited

conservatorship. Need Central Valley

Regional Center (CVRC) assessment

and recommendations pursuant to

Probate Code 1827.5.

2. Item 1g of petition does not request

medical treatment consent. However,

item 9b is checked re: medical

treatment consent and Attachment

1h requests to limit the power of

proposed conservatee to give or

withhold medical consent. Need duly

executed Capacity Declaration in

support of request.

3. Item 3b(1) of petition is incomplete re:

if petitioner is a creditor or agent of a

creditor of proposed conservatee.

4. Petitioner requests a limited

conservatorship of the person but asks

to limit the proposed conservatee’s

right to enter into contracts, which is a

power of a conservator of the estate.

Need clarification.

5. Need Citation.

6. Need proof of personal service of

Citation at least 15 days before the

hearing on proposed conservatee.


Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

✔ Conf.

Screen

Letters x

Duties/Supp x

Objections

Video

Receipt

x

✔ CI Report

9202

Order x




Citation x Recommendation:

CVRC Report x File 22- Alvarado

22


22 Krystene Alvarado (CONS/P) Case No. 16CEPR01063 Page 2



8. Need proof of service at least 15 days before the hearing of the Notice of Hearing with a copy of the

petition on:

a. Danny Alvarado (father)

b. Adrianne Cuellar (sister) –

if 12 years or older

c. Lee Aron Murray (brother) –


d. Matoo Murray (brother) –


e. Alex Alvarado

(paternal grandfather)

f. Joe Galvan

(maternal grandfather)

9. Need proof of service at least 30 days before the hearing of the Notice of Hearing with a copy of

petition on:

a. Central Valley Regional Center (CVRC)

10. Need Duties of Conservator for proposed conservator Adrianne Galvan

11. Need Video Viewing Receipt for proposed conservator Adrianne Galvan.

12. Need Orders.

13. Need Letters.


23 David Gene McMurray (Estate) Case No. 16CEPR01076 Attorney Dostalova-Busick, Alice M. (for Petitioner Nathan McMurray)

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

DOD: 8/31/16 NATHAN MCMURRAY, Son, is Petitioner and

requests appointment as Administrator with

Full IAEA without bond.

All heirs nominate Petitioner and waive bond.

Full IAEA – ok

Decedent died intestate

Residence: Fresno

Publication: Business Journal


Personal property: $ 20,000.00

Annual income: $132,000.00

Real property: $825,081.50

Total: $977,081.50

Probate Referee: Steven Diebert


Note: If the petition is granted,

status hearings will be set as

follows:

Thursday, May 4, 2017 at

9:00 a.m. in Department

303, for the filing of the

inventory and appraisal.

Thursday, February 1, 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.

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:

Citation Recommendation: SUBMITTED

FTB Notice File 23- McMurray

23


24 Donna Harris (Estate) Case No. 16CEPR01079 Attorney Flanigan, Philip M. (for Petitioner Philip Ross)

Petition for Letters of Administration. Authorization to Administer under the Independent

Administration of Estates Act

DOD: 2/2/16 PHILIP ROSS, Brother, is Petitioner and

requests appointment as Administrator

with Full IAEA without bond.

All heirs waive bond.

Full IAEA – ok

Decedent died intestate

Residence: Fresno

Publication: Business Journal


Real property: $156,000.00



Note: If the petition is granted, status

hearings will be set as follows:

Thursday, May 4, 2017 at 9:00

a.m. in Department 303, for the

filing of the inventory and

appraisal.

Thursday, February 1, 2018 at

9:00 a.m. in Department 303, for

the filing of the first account or


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


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:

Citation Recommendation: SUBMITTED

FTB Notice File 24- Harris

24


25 Grace M. Gartman (Estate) Case No. 16CEPR01081 Attorney Simonian, Jeffrey D. (for Petitioner Elizabeth Zakharia)

Petition for Probate of Will and for Letters Testamentary; Authorization to Administer

Under the IAEA

DOD: 7/17/16 ELIZABETH ZAKHARIA, Daughter and

Named Alternate Executor without

bond, is Petitioner.

Named Executor John G. Gartman,

spouse, predeceased the

decedent.

Full IAEA – need publication

Will dated 5/16/06

Residence: Fresno

Publication: need publication


Real property: $2,500,000.00

Annual income: $ 7,500.00

Total: $2,507,000.00



CONTINUED TO 1/25/17 Per Attorney request

1. Need publication. See §8120.

Note: If the petition is granted, status

hearings will be set as follows:

Thursday, May 4, 2017 at 9:00

a.m. in Department 303, for the

filing of the inventory and

appraisal.

Thursday, February 1, 2018 at

9:00 a.m. in Department 303, for

the filing of the first account or


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


Aff.Sub.Wit. S/P

Verified

Inventory

PTC

Not.Cred.

N/A Notice of

Hrg

Aff.Mail

Aff.Pub. X

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 25- Gartman

25


26 Belinda Hernandez (GUARD/P) Case No. 16CEPR01193 Petitioner: Lourdes H. Jasso (Pro per – Paternal Aunt)

Petition for Appointment of Temporary Guardian of the Person

GENERAL HEARING 1/26/2017

LOURDES H. JASSO, paternal aunt, is

petitioner.




2. Need proof of personal service at

least five court days before the


with a copy of the temporary

petition or consents and waivers

of notice or declarations of due

diligence for:

a. Noe Hernandez (father)

proof filed 11/29/2016

b. Christina Huerta (mother)

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: KT / SEF


✔ UCCJEA Updates: 11/30/2016


FTB Notice File 26- Hernandez

26


27 Illiana Manriquez, Chelsey Forker (GUARD/P) Case No. 15CEPR00884

Attorney: Jay A. Christofferson (for Karen P. Manriquez – Petitioner)

Petition for Appointment of Temporary Guardian of the Person (as to Chelsey Forker only)

GENERAL HEARING 1/24/2017

KAREN P. MANRIQUEZ, paternal

grandmother, is Petitioner.



Petition is as to Chelsey Forker only.

Petitioner was previously appointed

guardian of the person of Illiana

Manriquez (sibling) on 6/14/2016.


2. Need proof of personal service at

least five court days before the


with a copy of the temporary

petition or consents and waivers

of notice or declarations of due

diligence for:

a. Timothy R. Manriquez (father)

b. Courtney D. Forker (mother) –

unless the Court excuses

notice per request in item 9b

of temporary petition.

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

✔ Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



✔ UCCJEA Updates: 11/30/2016


FTB Notice File 27- Forker

27

thursday, december 1, 2016 - fresno.courts.ca.govdept. 303, 9:00 a.m. thursday, december 1, 2016...

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