probate - San Bernardino Superior Court

Superior Court of California 

County of San Bernardino 

Probate Department 

Probate Notes for Calendar Date: 05/01/13 

The notes on the following pages were updated approximately three court days prior to 

the hearing to reflect newly-filed documents. Documents filed now after that update 

typically will not be reviewed except on the date of hearing at the judge’s discretion. 

Destruction of Filed Documents: 

Shredding/destruction of all court documents filed and imaged before January 2011 

will begin soon. All filed/imaged documents are shredded one year after filing pursuant 

to court policy. Any filed original documents not retrieved timely will be permanently 

lost. (Wills and codicils lodged into the will vault will not be affected.) 

Contacting the Probate Examiners: 

Probate Examiners’ email address: ProbateNotes@sb-court.org 

Emails must have the case identification information and hearing time/date in the 

subject line. No attachments will be opened. Probate Examiners can only respond to 

inquiries regarding the meaning of comments in the notes. Please do not email to 

notify that documents have been filed, to request a confirmation whether documents 

have been received, or to request the clearing of notes. No legal or procedural advice 

may be given by examiners in response to your email. 

gls 

4/4/13

Superior Court of Calif, County of San Bernardino 

Page: 1 

CIVPRO San Bernardino District - Probate 

PROBATE/CONSERVATORSHIP CALENDAR 

HONORABLE: RAYMOND L HAIGHT PROBATE 

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DATE: 05/01/13 TIME: 9:00 DEPT: S15P 

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CASE#: PRO DS1000433 

CASE NAME: ROBERT & BARBARA CHRISTIAN FAMILY TRUST 

HEARING: 

Accounting Review 

COUNSEL: 

KELLY FANION (PET)...PRO/PER 

THE ROBERT & BARBARA CHRISTIAN(TRU)... 

VICKI ZELLNER (OBJ)...DIANA J. CARLONI ATTORNEY AT L 

GENERAL INFORMATION 

Continued from 12/13/11, 1/11/12, 3/7/12, 1/16/13 and 02/20/13. 

THIS CASE IS SET FOR HEARING ON Accounting Review/status report (re Trust). 

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 

1. On 05/03/11, Court approved the 1st account for period 5/3/09 – 9/30/10. 

2. Status report filed on 12/12/11 was approved on 3/7/12 and Court excused 

trustee from filing a full and account and report for period ending December 

2011 due to minimal activity in the trust. 

3. Need accounting/further status report of trustee. 

RECOMMENDATION: 

Find out status. 

(vet/cbr/gls/fhl/gls/cbr)


Page: 2 



HONORABLE: RAYMOND L HAIGHT 

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CASE NAME: THE DANIEL RODRIGUEZ FAMILY TRUST 

HEARING: 

Hearing Re: Status 

COUNSEL: 

SYLVIA FLORES (PET)...GUY E JAMISON 

THE DANIEL RODRIGUEZ FAMILY TR(TRU)... 

DANNY RODRIGUEZ (DEC)... 

ANNA HERNANDEZ (DEF)...PRO/PER 

RAY HERNANDEZ (PRO/PER )...PRO/PER 

XREF: CIV VS1002979 

GENERAL INFORMATION: 

Continued from 4/26/12, 8/23/12 and 03/20/13 as bankruptcy is still pending filed 

by Anna and Ray Hernandez. No appearance on 03/20/13. 

THIS CASE IS SET FOR HEARING ON Status. 

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED. 

1. At 3/22/12 hearing re Readiness, one of the parties stated that bankruptcy had 

been filed which stays the proceedings. Court vacated 3/28/12 Court Trial and 

set this matter re status. Notice of Stay of Proceedings indicates bankruptcy 

was filed 3/21/12 [Notice filed 4/30/12, LF p3] 


Court’s discretion. 

(fhl/gls/cbr)


Page: 3 




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CASE NAME: ALICE SMITH 

HEARING: 


COUNSEL: 

SHIRLEY ANNE BRADLEY (PET)...CALDWELL, KENNEDY & PORTER, A. 

ALICE SMITH (DEC)... 


Continued from 02/27/13. 

THIS CASE IS SET FOR HEARING ON Accounting Review 

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED; 

1. Letters Testamentary issued 3/30/11 (full authority, no bond) 

2. Prior Status Report granted 7/25/12. 

3. No accounting/further status report is filed. Need same. 

RECOMMENDATION 


(gls/cbr)


Page: 4 




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CASE#: PRO PS0800955 

CASE NAME: NONYEREM A. OHIAERI 

HEARING: 

Hearing re Final Discharge 

COUNSEL: 

IKECHUKWU OHIAERI (PET)...NOREEN FONTAINE 

NONYEREM A OHIAERI (DEC)... 

IKE OHIAERI (PET)...NOREEN T FONTAINE 

PAULINUS OKORONKWO (OBJ)...PRO/PER 

ANTHONIA OKEANI (POLLIE OKORONKWO )...POLLIE OK 

XREF: GAR RS800167 


Continued from 2/13/13 and 03/20/13 to file receipts. 

THIS CASE IS SET FOR HEARING ON Final Discharge 


1. The Court granted the petition for final distribution on 2/8/12. 

2. Order for Final Distribution filed 7/30/12. 

3. Receipts filed. 

4. Need Ex Parte Petition for Final Discharge and Order. 



(gls/cbr)


Page: 5 




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CASE NAME: THE LUCAS SHALHOUB SPECIAL NEEDS TRUST 

HEARING: 


COUNSEL: 

THE LUCAS SHALHOUB SPECIAL NEE(TRU)... 

MARK VINCENT SHALHOUB (PET)...HORSPOOL & PARKER 

IRENE SHALHOUB (PET)...HORSPOOL & PARKER 

THE LUCAS SHALHOUB SPECIAL NEE(TRU)... 

MARK VINCENT SHALHOUB (PET)...HORSPOOL & HORSPOOL 


THIS CASE IS SET FOR HEARING ON Accounting review. 

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED 

1. Third account for SNT approved on 04/25/12. 

2. Need fourth account. 


Inquire status. 

(cbr)


Page: 6 




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CASE NAME: RUBY L COOK 

HEARING: 


COUNSEL: 

JOE R COOK (PET)...LAW OFFCS OF LOUIS A STEARNS 

RUBY L COOK (DEC)... 


Continued from 03/20/13. No appearance. Notice given by Judicial Assistant. 

THIS CASE IS SET FOR HEARING ON Accounting Review. 


1. Letters Testamentary issued 5/11/09, full authority, no bond. 

2. Prior status report approved 11/29/12 

3. Need final accounting/further report of status of administration. 



IF CONTINUED REASSIGN TO S8P 

(gls/cbr)


Page: 7 




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CASE NAME: NABIL MOUNIF HAFFAR 

HEARING: 

FIRST AND FINAL Account and Report of SANYEH HAFFAR and Petition 

for allowance of fees filed. 

COUNSEL: 

SANYEH HAFFAR (PET)...KAYSER LAW GROUP 

NABIL MOUNIF HAFFAR (DEC)... 


THIS CASE IS SET FOR HEARING ON Petition for Final Account, Distribution and 

Allowance of Fees. 


1. Petitioner waives statutory compensation. 

2. Attorney is requesting statutory fees of an agreed amount of $7,700.00 rather 

than the calculated fees of $12,200.00. However, report states $6,900.00 and 

prayer states $7,700.00. Need verified supplement clarifying amount sought. 

3. All heirs consent to distribution to all go to petitioner the surviving spouse; 

however, need assignments of interest. 


Need to clear notes. If approved, set hearing on the filing of receipts and final 

discharge for 05/07/14. 

(cbr/gls)


Page: 8 




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CASE NAME: ARTHUR WADE 

HEARING: 

Petition for ORDER TO CREATE AND FUND SPECIAL NEEDS TRUST 

COUNSEL: 

ARTHUR WADE (MIN)...JACK H ANTHONY 


THIS CASE IS SET FOR HEARING ON Petition for Order to Create and Fund Special 

Needs Trust 


1. Petitioner is Atty Melvin Friedland, guardian ad litem for minor Arthur Wade 

in the civil action (CIVDS1202326). The minor was born on 7/11/10. The 

minor is currently a dependent of the Juvenile Court of San Bernardino 

County 

2. The purpose of the proposed SNT instrument is to supplement public 

benefits available to the minor and to provide for his special needs without 

reducing benefits otherwise available. Petitioner seeks the finding required 

under Pr.C. 3604 for the establishment of a SNT. Specifically, 

a. Per Pr.C. 3604(b)(1), a SNT may only be created if the court finds that 

the SNT beneficiary has a disability that substantially impairs the 

individual’s ability to provide for his/her own care or custody and 

constitutes a substantial handicap. A report from Jean Lake. M.D. is 

provided (see LF p 44-46). 

b. Per Pr.C. 3604(b)(2), a SNT may only be created if the court finds that 

the beneficiary is likely to have special needs that will not be met without 

the trust. Petitioner alleges that minor receives no wages or income but 

does receive Medi-Cal benefits. 

c. Per Pr.C. 3604(b)(3), a SNT may only be created if the court finds that 

the money to be paid into the trust does not exceed an amount that is 

reasonably necessary to meet the special needs of the beneficiary. A

life care plan is filed by Sharon K. Kawai, M.D. that sets forth the 

projected cost of the minor’s special needs (see LF p 48-59) 

3. Petitioner alleges the proposed SNT complies with the mandates of 

California Rules of Court 7.903, including the requirement of annual/biennial 

accountings by the trustee. 

4. That Melvin L. Freidland shall serve as the initial trustee 

5. Petitioner alleges bond should be fixed at $321,000. Appears adequate. 

JTD 

6. Notice given. 


Court’s discretion. If approved, set hearing on accounting review for 7/9/14. 

Accounting to be filed 30 days in advance. 

(gls)


Page: 9 




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CASE NAME: LILIANE SAMARDZIJA 

HEARING: 

Hearing re: Petition for Letters of Admin. W/ Full Authority 

under IAEA. 

COUNSEL: 

MICHAEL SAMARDZIJA (PET)...JAMES B CHURCH 

LILIANE SAMARDZIJA (DEC)... 


THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with full 

authority under IAEA by son. 


1. All heirs waive bond; however, petitioner is resident of Texas and Court has in 

its discretion to require bond (Pr.C.§8481(b)). Estimated estate value is 

$596,432.00. Court may wish to set full bond or minimum bond of $20,000. JTD 

2. Surviving spouse nominated petitioner. 

3. Need proof of publication. ROA shows proof of publication filed 4/17/13, but 

image not available for review. 


RFA subject to note 3 and court’s discretion re bond. If approved, set 

Accounting/Status Review for 07/16/14. Any accounting to be filed 30 days in 

advance. Note requirements of local rule 20-908. 

(cbr/gls)


Page: 10 



HONORABLE: RAYMOND L HAIGHT CONSERVATORSHIPS 

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CASE#: CON PS0800307 

CASE NAME: GUADALUPE MACIAS 

SEE ALSO 11 

HEARING: 

Petition for WILLING RESIGNATION OF TRUSTEE OF S.N. TRUST; & 

APPOINTMENT OF SUCCESSOR TRUSTEE OF S.N TRUST 

COUNSEL: 

J. ISMAEL MACIAS (PCR)...JOSEPH P FOLEY 

ALICIA MACIAS (PCR)...JOSEPH P FOLEY 

ALISSA MAYELA MARTINEZ (PCR)...JOSEPH P FOLEY 

GUADALUPE MACIAS (PCE)...NOREEN FONTAINE 

NOREEN T FONTAINE (PET)...NOREEN T FONTAINE 


Order approved upon receipt of resignation from Bank of West. Monies to be 

placed into blocked account and pre-authorized monthly withdraw of $300 on 

the 1 st of each month. 

THIS CASE IS SET FOR HEARING ON Petition for Willing Resignation of Trustee of 

Special Needs Trust and Appointment of Successor Trustee 


1. Petitioners, J. Ismael Macia, Alicia Macias and Alissa Mayela Martinez, are the 

parents and sister of Guadalupe Macia. A minor’s compromise was issued by 

the Los Angeles Superior Court on or about 1/5/94 (Case No. 046972), and 

$225,000 was to be paid to a special needs trust for the exclusive benefit of 

Guadalupe Macias. Bank of the West is the successor in interest to Sanwa 

Bank, the originally name trustee of the trust. The settlement payments of 

$1,300/month have been made to Guadalupe for her benefit. In 2009, a Limited 

Conservatorship of the person was granted. The court at that time required 

more information on the trust administration. In April, 2012, the trustee filed a 

trustee’s statement with this court showing the value of the assets in the trust 

had decreased over the years to $66,565.56.

2. The parties agree that given the reduced amount of the trust estate, a change 

in trustee is appropriate. Petitioners proposed that the current conservators, J. 

Ismael Macia, Alicia Macias and Alissa Mayella Martinez, be appointed trustees 

of the special needs trust. Question if the current trustee, Bank of the West, is 

willing to decline as the current acting trustee? If so, need to file written 

resignation. 

3. That the proceeds of the trust be placed into blocked accounts so as to further 

minimize expenses and eliminate the need for bond 

4. Petitioners request the court waive future accountings. As this is a courtsupervised 

trust, annual and biennial accountings are required per CRC 

7.903(c)(6). 

5. Petitioners would request that the court order periodic payments from the 

blocked account in an amount not more than $1,300/month but in an amount to 

be determined at the time of the hearing on this petition. 

6. Resignation filed on 03/22/13. 


Need to clear notes. If approved, court to set OSC re proof of blocked account for 30 

days. Set hearing on accounting review for successor trustees (if required) for 

05/28/14. Set hearing on accounting review for Bank of the West’s final account for 60 

days. Accounting to be filed 30 days in advance. 

(gls/cbr) 

Future Hearings: 5/28/14 Accounting Review.


Page: 11 




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CASE NAME: GUADALUPE MACIAS 

SEE ALSO 10 

HEARING: 

Petition for APPOINTMENT OF PROBATE CONSERVATOR OF THE ESTATE 

COUNSEL: 

J. ISMAEL MACIAS (PCR)...JOSEPH P FOLEY 

ALICIA MACIAS (PCR)...JOSEPH P FOLEY 

ALISSA MAYELA MARTINEZ (PCR)...JOSEPH P FOLEY 

GUADALUPE MACIAS (CEP)...NOREEN FONTAINE 

NOREEN T FONTAINE (PET)...NOREEN T FONTAINE 


Petitioners were appointed Limited Conservators of the person only on 5/12/09. 

Continued from 1/3/12 at request of counsel. 

Continued from 2/6/12 and 4/2/12 for Attorney Fontaine to prepare citation to Bank of 

the West re Why no accounting has been filed, What fees have they been collecting, 

How payments are made and to whom, and Why this is a SNT. 

Continued from 05/02/12. New petition to be filed by Attorney Foley’s clients. 

Continued from 07/18/12, 09/05/12, 11/14/12 and 1/24/13 at request of counsel. 

Attorney Foley to file paperwork to allow Bank of the West to resign as trustee and 

allow conservator to act as successor trustee. 

Continued from 03/20/13. Bank of West to file resignation and waiver of 

accounting. 

THIS CASE IS SET FOR HEARING ON (Amended) Petition for Appointment of 

Limited Conservator, to add estate by parents (Ismael Macias and Alicia Macias) and 

sister (Alissa Martinez) 

THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 

1. Petitioners request bond be waived as the estate funds will be subject to the 

terms of the Special Needs Trust. JTD 

2. Petitioner alleges the conservatorship estate will comprise of funds to be held in 

the Special Needs Trust. 

3. Supp. (12/21/11): Petitioner requests powers to fix residence, access 

confidential records, consent or withhold consent to the marriage, to control

conservatee’s right to contract, to give or withhold medical consent, right to 

control conservatee’s social and sexual contacts, and to make decisions 

concerning education. 

4. Court Investigator and IRC reports filed. 

5. Report of counsel filed. 

6. Proof of completion of Conservatorship Training Class filed. 

7. Trustee’s Statement regarding the Guadalupe Macias Special Needs Trust 

filed 05/24/12 indicates as follows: 

a. Bank of the West, as Trustee, maintains that venue is properly 

located in Los Angeles County as Bank of the West is the 

Successor in Interest to Sanwa Bank, which is named as the 

original Trustee of the Trust as the usual place of business is in Los 

Angeles County. Trustee indicates that neither the Order Approving 

Compromise of Minor’s Claim entered on 01/05/94 in Los Angeles 

County, establishing the Trust (LF, page 8), nor the Trust (LF, page 

37) required that the Trustee file accountings with the Court. 

b. Trustee requests that if the Court requires the filing of accountings 

with the Court, that such accountings be filed as a separate and 

independent proceeding from the subject Conservatorship 

proceeding. 

c. Assets on Hand, as of 04/19/12, are $66,565.56, and the home in 

which the conservatee resides in. The trust receives an annual 

income in the range of $7,500 to $12,500 (LF, page 24). Trust waives 

bond (LF, page 40). 

d. Trustee alleges that an agreement has been made with Beneficiary’s 

parents as follows: 

1. That the Court accept the resignation of Bank of the West, as 

Trustee; 

2. Appoint parents as Co-Trustees and have all monies placed 

in a blocked account to avoid a bond expense; 

3. That the Court authorize an amount to be determined to be 

paid each month to the Beneficiary’s parents as an allowance 

and/or caregivers; 

4. That the parents not be required to file accountings with the 

Court as all monies will be placed in a blocked account. 

e. Parties approve the accountings previously submitted by the 

Trustee; and Bank of the West will not be required to file 

accountings with the Court; 

f. As Beneficiary’s parents reside in San Bernardino County, the 

proper venue for the administration of the Trust will be in San 

Bernardino County. 

g. Resignation filed on 03/22/13. 

8. Resignation to act as trustee by Bank of the West is filed.


Court’s discretion. If approved, set separate hearings re Accounting Review 

(conservatorship and SNT) for 05/28/14. Any accounting to be filed 30 days in 

advance. 

(gls/kra/gls/vet/fhl/cbr)


Page: 12 




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CASE NAME: CONNIE LOPEZ 

HEARING: 

Petition for ORDER TO RETURN REAL PROPERTY; RENTAL INCOME AND 

PERSONAL PROPERTY OF THE CONSERVATEE ETC 

COUNSEL: 

IRENE A MARQUEZ (CPE)...PRO/PER 

CONNIE LOPEZ (CEP)...ROBERTA L TAYLOR 

VERA LOPEZ (CPE)...PRO/PER 


THIS CASE IS SET FOR HEARING ON Petition for Order to Return Real Property; 

Rental Income and Personal Property of the Conservatee to the Conservatorship 

Estate and for Damages 


1. Atty Roberta Taylor, court-appointed counsel for conservatee, alleges that Vera 

Lopez Komachuk (the conservatee’s daughter) holds title to real property 

located at 12815 Amberwood Lane, Victorville, CA. Petitioner believes Irene 

Marquez, the conservator of the estate of Connie Lopez, is entitled to 

conveyance of title of 100% of that property for the following reasons: 

a. Connie Lopez purchased the subject property in 1990. 

b. In 2002, Connie Lopez executed a Grant Deed transferring title of the 

property from herself to herself and her daughter, Vera Lopez 

(Komachuk), as joint tenants. 

c. On 12/29/11, a Grant Deed was executed by Vera Lopez, transferring 

title of the subject property, from Connie and Vera as joint tenant to Vera 

as her sole and separate property. The deed was executed on behalf of 

Connie by Vera as her attorney in fact. 

d. Petitioner states that on 1/27/12, Irene Marquez (conservatee’s niece) 

filed a petition for conservatorship. In her pleadings she alleges physical 

and financial abuse of Connie by her daughter, Vera. A competing 

petition and objection to the initial petition was filed by Vera on 2/3/12 

stating her mother suffers from advanced stages of dementia.

e. Petitioner believes the 2002 transfer of title of the Amberwood Lane 

property to conservatee and her daughter as joint tenants was for estate 

planning purposes and that conservatee had intended her daughter have 

the home upon her death. Petitioner contends there is no evidence that 

Vera contributed to the purpose of the home. 

f. Petitioner alleges that on 11/9/12, she sent a letter to Vera requesting 

she voluntarily transfer the 100% ownership title of the subject property 

back to conservatee. A written response was received, but to date, no 

transfer has been made. 

g. Petitioner alleges there is a pending elder neglect case against Vera 

under case number MVI1104411 

2. Petitioner alleges that in addition to the transfer of the title to the 

conservatorship estate, petitioner also requests that all rental income generated 

by the property from 1/2012, through the actual transfer of title be returned by 

Vera, as well as all of the personal property of household furniture and 

furnishings removed from the subject property belonging to conservatee. 

3. Petitioner requests the court find that Vera’s actions in diverting the real 

property, rental income and personal property from Connie Lopez to herself are 

all in bad faith thereby entitling the conservatorship estate to recover twice the 

value of the property taken according to proof. 

4. Notice of Hearing and proof of service is filed. 

5. Proof of personal service is filed as to Vera Lopez Komachuk. 

6. No responsive pleadings are filed at the time of the review of this file. 


Determine whether responsive pleadings will be filed and then set for Evidentiary 

hearing. 

(gls) 

Future Hearings: ALREADY SET FOR S8P 

6/5/13 Compliance Rvw 

2/5/14 Accounting Review.


Page: 13 




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CASE NAME: LATANYA BROWN 

HEARING: 

Conservatorship Compliance Review Hearing on PETIITON FOR 

CONSERVATORSHIP of SHERRY L WHITE 

COUNSEL: 

SHERRY L WHITE (PCR)...PRO/PER 

LATANYA BROWN (CTP)...SHERRI L KASTILAHN 


Continued from 03/20/13. 

THIS CASE IS SET FOR HEARING ON Conservatorship Compliance Review 


1. Letters of Conservatorship (person only) issued 8/15/13. 

2. Determination of Conservatee’s Appropriate Level of Care filed 8/29/12. 

3. Care Plan filed 8/29/12. 

4. Court Investigator’s six-month report filed 2/8/13. 



(gls/cbr)


Page: 14 




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CASE NAME: MTR OF YESSICA M MARIN 

SEE ALSO 15 

HEARING: 

Petition for Appointment of Temporary Conservator 

COUNSEL: 

FRANK MARIN (CP )...PRO/PER 

YESSICA M MARIN (CTP)...NOREEN FONTAINE 

Continued Exparte matter. See notes on next page.


Page: 15 




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CASE NAME: MTR OF YESSICA M MARIN 

SEE ALSO 14 

HEARING: 

Petition for Appointment of Conservator 

COUNSEL: 

FRANK MARIN (CP )...PRO/PER 

YESSICA M MARIN (CTP)...NOREEN FONTAINE 


Court appointed counsel Noreen Fontaine on 03/26/13. 

THIS CASE IS SET FOR HEARING ON Petition for Appointment of Conservator 

person only by father. 


1. Petitioner is requesting Pr.C. § 2590 powers. The court cannot properly 

exercise its discretion in the absence of a declaration indicating what specific 

powers are sought and why each power sought is actually needed. 

2. Petitioner does not appear to be requesting medical powers. Court to inquire. 

3. Proposed conservatee is developmentally disabled. However, this is not a 

limited conservatorship. Does court wish to require an IRC report? JTD 

4. Proposed conservatee is not able to complete affidavit of voter registration. 

5. Proof of Completion of the Conservatorship Training Class filed 4/19/13 

6. Need report of Counsel Fontaine. 

7. CI report (unfiled) received and imaged on 4/23/13. 

8. Need return of citation. 

9. Need notice of hearing and proof of service. 


Need to clear notes. If approved, set hearing for Compliance Review for 12/04/13 for 

the filing of the required documents including a Determination of Conservatee’s 

Appropriate Level of Care per Pr.C.§2352.5 (form GC-355). 

(cbr/gls)


Page: 16 




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CASE NAME: VIOLET LOU GARDAY 

HEARING: 

Petition for Appointment of Conservator 

COUNSEL: 

MARY VIDA (PET)...WILLIAM M NASSAR, ESQ 

VIOLET LOU GARDAY (CTP)...PRO/PER 



person only by daughter. 


1. Petitioner states that the proposed conservatee’s assets are held in trust. 

Therefore, petitioner is only requesting person only. 

2. Petitioner is seeking medical and dementia powers. Capacity Declaration is filed 

and supports requests. 

3. As dementia powers are sought, Court must appoint counsel for proposed 

conservatee. Need report of counsel. 

4. Proposed conservatee is not able to complete affidavit of voter registration. 

5. Proof of Completion of the Conservatorship Training Class. 

6. Need return of citation. 

7. Court Investigator report filed 4/15/13 

RECOMMENDATION: Need appointment of counsel for proposed conservatee and 

need to clear notes. If approved, set hearing for Compliance Review for 12/04/13 for 

the filing of the required documents including a Determination of Conservatee’s 


(cbr/gls)


Page: 17 




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CASE NAME: JUNELL WEBER 

SEE ALSO 17A 

HEARING: Petition for Appointment of Conservator 

COUNSEL: 

LYNNELL WHEAT (CPE)...CRAIG E WILSON 

DEEANA WHEAT (CPE)...CRAIG E WILSON 

JUNELL WEBER (CEP)...PRO/PER 


Temporary orders letters (person and estate) issued 4/10/13 

Court took notice of family law case FAMRS1201334; Mark Flory appointed counsel. 


person and estate by daughter and granddaughter. 


1. Petitioners request bond of $107,140.00. Appears adequate. 

2. Petitioners allege that proposed conservatee has an estate plan that names her 

live in boyfriend Harold Pilant or son Guy Gausselin as Conservator. Petitioners 

name reasons for why they should not be appointed [LFp11 et seq]. 

3. Petitioners are seeking medical and dementia powers. Capacity Declaration 

filed. 

4. Report of Atty Flory is filed 

5. Proposed conservatee is able to complete affidavit of voter registration. 

6. Citation personally served on 3/26/13 

7. “Unfiled” Court Investigator report submitted 4/24/13 and in LF. 


Court’s discretion. If approved, set hearing for Compliance Review for 12/04/13 for the 

filing of the required documents including a Determination of Conservatee’s 


Set hearing re Accounting Review for 07/09/14. Any accounting to be filed 30 days in 

advance. 

(cbr/gls)


Page: 17A 




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CASE NAME: JUNELL WEBER 

SEE ALSO 17 

HEARING: 

HEARING RE: PLACEMENT REVIEW 

COUNSEL: 

LYNNELL WHEAT (CPE)...CRAIG E WILSON 

DEEANA WHEAT (CPE)...CRAIG E WILSON 

JUNELL WEBER (CEP)...PRO/PER 

FAMRS1201334 


THIS CASE IS SET FOR HEARING ON re Placement Review 


1. At hearing on 4/10/13 in which the Court appointed petitioners as temporary 

conservators over person and estate, the court then set this Placement Review. 

2. Find out status of placement and whether least restrictive placement. 



(gls)


Page: 18 




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CASE#: VC VS109 

CASE NAME: IN THE MATTER OF CHRISTINE MARIE MORENO 

HEARING: 

TWENTY FOURTH Account and Report of GLORIA MORENO and Petition 


COUNSEL: 

GLORIA MORENO (CPE)...JANET M HERRING 

CHRISTINE MARIE MORENO (DEC)... 


Continued from 09/12/12, 10/17/12, 11/28/12, 1/16/13, 2/20/13, 03/06/13 at request 

of counsel. 

THIS CASE IS SET FOR HEARING ON 24 th Account Current and Petition for Fees, 

Authority to Continue to Occupy Residence Rent Free and Invest Funds. 


1. Conservatorship was established in 1983. 

2. Accounting period 01/01/10 – 12/31/10 (one year). Note: accountings are 1 

year behind. Does court wish to require petitioner to bring accounting current? 

JTD 

3. Assets on hand $674,137.45 consisting of $7,410.98 in cash and remaining in 

stocks and securities. 

4. Attorney requests fees of $1,012.50. Billed at $150hour for 6.75 hours’ attorney 

time. Itemized. JTD. 

5. Petitioner requests authority to take funds from blocked account on an ongoing 

basis for payment of CI fees, filing fees, $1,800/month allowance for 

conservatee without accounting for funds, $1,900/month to 

petitioner/conservator for physical care services and supervision of 

conservatee, payment of tax liabilities, payment of $700/year to CPA for taxes 

prep, payment of bank/brokerage fees, payment of medical and dental fees and 

medical/dental insurance, and $350/year for bookkeeper fees. JTD.

6. Petitioner requests ongoing authority to reside in conservatee’s residence for 

free. 

7. Petitioner requests authority to continue to participate in the management of 

Wells Fargo investment account per advice of broker. 

8. Bond is currently $25,000. Appears adequate. 

9. Disbursements reflect a total of $13,428.28 for repairs to conservatee’s 

bathroom and fence at conservatee’ residence. Supp. (09/12/12): indicates 

actual repair of costs $11,000, for which, Petitioner reimbursed herself 

$11,628.18. (Petitioner was allowed $5,034.86 for costs incurred for repairs 

in Order entered 05/12/10). However, disbursements of $4,793.32 on 

03/17/10; $6,834.86 on 06/03/10; and $1,800 on 07/28/10 total $13,428.18. 

Need reconciliation of $2,428.18 difference via verified supplement. Supp 

03/06/13: petitioner states the difference was overage of estimates. In the 

event the court disallows, petitioner would agree to reimburse ½ of the 

expenses ($1214.09). JTD 

10. Disbursements do not reflect payment of home or vehicle insurance. Question 

whether assets are insured and if so, need amended schedule(s) reflecting 

payment of same via verified supplement. Supp 03/06/13: Petitioner states 

per agreement she pays for insurance, fuel and upkeep. 


Court’s discretion re fees and noted 9 and 10. If approved, set next accounting review 

to cover period 01/01/11 - 12/31/12 for 3/13/13. Any accounting to be filed 30 days in 

advance. 

(vet/gls/vet/kra/gls/cbr)


Page: 1 



HONORABLE: CYNTHIA LUDVIGSEN PROBATE 

---------------------------------------------------------------------- 


---------------------------------------------------------------------- 


CASE NAME: JANICE H. RICHARDSON 

HEARING: 

Probate Status Report Filed. 

COUNSEL: 

DALE A RICHARDSON (PET)...LISA J FRISELLA 

JANICE H RICHARDSON (DEC)... 


Continued from 2/13/13, 3/20/13 and 03/27/13. 

THIS CASE IS SET FOR HEARING ON Status Report. 


1. Letters of administration issued 03/09/10, full authority no bond. 

2. Petitioner is requesting additional time to close the estate in order for the estate 

to receive distribution from a settlement of Hewitt Trust in Riverside County. 


Court’s discretion. If approved, set Accounting/Status Review for 02/19/14. Any 

accounting to be filed 30 days in advance. Note requirements of local rule 20-908. 

(cbr/gls/cbr) 

REASSIGN TO S8P


Page: 2 



HONORABLE: CYNTHIA LUDVIGSEN 

---------------------------------------------------------------------- 


---------------------------------------------------------------------- 


CASE NAME: MICHAEL ANTHONY MANELLA 

HEARING: 


COUNSEL: 

SAMUEL ANTHONY MANELLA (PET)...SHERRI L KASTILAHN 

MICHAEL ANTHONY MANELLA (DEC)... 


Continued from 12/20/11, 1/31/12, 3/13/12, 5/23/12, and 08/06/12 at request of 

counsel. Counsel requests OSC set for prior counsel as he has received a retainer of 

$4,500 and not done an accounting. 

Continued from 09/26/12, 10/31/12, 12/5/12, 2/13/13 and 03/20/13 at request of 

counsel. 

THIS CASE IS SET FOR HEARING ON accounting/status review 

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 

1. Letters issued 1/13/11, $201,000 bond. 

2. No accounting or status report filed. Need same. 

3. Substitution of attorney filed indicates Gil Gutierrez refused to sign the 

substitution. 


Inquire status. 

(kra/vet/gls/cbr)


Page: 3 




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---------------------------------------------------------------------- 


CASE NAME: PATSY ANN ECHWALD 

HEARING: 

FIRST AND FINAL Account and Report of YVONNE BAUMANN and 

Petition for allowance of fees filed. 

COUNSEL: 

YVONNE ELISE BAUMANN (PET)...HOLCOMB & HOWE 

PATSY ANN ECHWALD (DEC)... 


THIS CASE IS SET FOR HEARING ON First and Final Account and Petition for Final 

Distribution 


1. Petitioner is the sole beneficiary. Nicholas Baumann disclaimed his interest in 

the estate. Question if Nicholas Baumann left issue who would take his share 

of the estate? File verified supplement. 

2. There is no allegation as to whether petitioner is waiving an accounting. Need 

verified supplement or alternatively, need accounting. 

3. Petitioner and attorney each waives statutory compensation. 

4. Petitioner alleges on page 3 of the report (LF p4) that decedent was “not” a 

recipient of Medi-Cal services. However, Dept of Health Services filed a claim 

against the estate, but alternatively, withdrew their claim. 

5. No allegation regarding notice to California Victims Compensation Board or 

Franchise Tax Board as required per Pr.C. 9202(b) and 9202(c). File verified 

supplement. 


Need to clear notes. 

(gls)


Page: 4 




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CASE NAME: VERA HELEN SEVERSON 

HEARING: 

FIRST AND FINAL Account and Report of PAUL THOMAS SEVERSON and 


COUNSEL: 

PAUL THOMAS SEVERSON (PET)...SALLY ANNE COX 

VERA HELEN SEVERSON (DEC)... 

LIBERTY MUTUAL INSURANCE COMPA(TP )...PRO/PER 



THIS CASE IS SET FOR HEARING ON 1st & final account and petition for fees and 

final distribution 

THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 

1. Petitioner alleges that an ancillary probate was opened in the State of Utah and 

that it will remain open until after the final decree from this California 

proceeding. As California is the domiciliary court, question the authority to close 

this estate prior to the distribution from the sister state. Need verified 

supplement. Supp. (11/28/12): indicates ancillary probate in Utah is not in 

position to close. Petitioner further supplements on 2/4/13, that the 

ancillary estate will need to close after the California probate. 

2. Assets on Hand at beginning of account period do not match final Inventory and 

Appraisal filed 08/10/12. Need clarification or reconciliation. File verified 

supplement/amended accounting or alternatively, Corrected Inventory. 

3. Petitioner waives compensation. 

4. Attorney requests statutory fees of $14,328.25. The statutory fee basis does 

not include the loss on sale (note receivable/foreclosure) of $273,000 and the 

value of the real property that was taken back in kind as a result of the

foreclosure by the estate. Need to recalculate the statutory fee/fee basis based 

upon losses and changes in value of assets. File verified supplement. 

5. There do not appear to be cash assets available for compensation and/or 

reimbursement(s). Question how parties propose to be compensated? Supp 

(2/4/13): Petitioner alleges since he has marshaled assets in both the 

ancillary and domicillary estates, there is sufficient cash on hand to cover 

statutory fees. 

6. Petitioner requests reimbursement of costs advanced of $2,126.50 per schedule 

of personal advancements to estate. Schedule is not affixed. Need same 

verified supplement. Supp (12/24/12) Itemization given. Ok. 

7. Petitioner provides no allegations as to Department of Health Services as 

required per Pr.C. §9202 


Need to clear notes 4 and 7. If Court determines the ancillary estate needs to be 

completed first, Court to deem this Accounting Current and set the next hearing re 

Accounting Review for 5/7/14. Alternatively court to set hearing re Filing Receipts and 

Final Discharge for 5/7/14. 

(kra/vet/fhl/gls)


Page: 5 




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CASE NAME: CARL D SOUTHARD 

VACATED 

HEARING: 


COUNSEL: 

JESSE M SOUTHARD (PET)...MAUREEN MURATORE 

CARL D SOUTHARD (DEC)... 

VICTORIA PLACE COMMUNITY ASSOC(TP )...EPSTEN GRINNELL & HOWELL, 

STATE OF CALIFORNIA FRANCHISE ( )...


Page: 6 




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---------------------------------------------------------------------- 


CASE NAME: CARL D SOUTHARD 

HEARING: 

WAIVER OF Account and Report of JESSE M SOUTHARD and Petition 


COUNSEL: 

JESSE M SOUTHARD (PET)...MAUREEN MURATORE 

CARL D SOUTHARD (DEC)... 

VICTORIA PLACE COMMUNITY ASSOC(TP )...EPSTEN GRINNELL & HOWELL, 

STATE OF CALIFORNIA FRANCHISE ( )... 


THIS CASE IS SET FOR HEARING ON Report of Status of Administration, Waiver of 

Accounting and Petition for Statutory Compensation and for Final Distribution 


1. Both residual heirs have waived an accounting. 

2. Petitioner and counsel each request statutory compensation of $14,738.34. 

Calculated. Ok. Petitioner alleges that per Court order of 7/18/12, the court authorized 

a preliminary payment of attorney’s fees in the amount of $8,500.00, leaving a 

balance due of $6,238.34. 


RFA. If approved, set hearing on the filing of receipts and final discharge for 5/7/14. 

(gls)


Page: 7 




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CASE NAME: MARY ANNETTA HINTON 

VACATED 

HEARING: 


(cbr) 

COUNSEL: 

CLETE A HINTON (PET)...CALDWELL, KENNEDY & PORTER, A. 

MARY ANNETTA HINTON (DEC)... 

HEATHER MARTINEZ (SPA)...PRO/PER 

JOEL HINTON (PET)...ALISON H. HOUT


Page: 8 




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CASE NAME: IN RE MATTER OF ARTHUR BLAKE 

HEARING: 


COUNSEL: 

LAWRENCE A DEAN II (PET)...SHERRI L KASTILAHN 

ARTHUR BLAKE (DEC)... 

SHERRI L KASTILAHN (PET)...SHERRI L KASTILAHN 

ROXY E BROOKS (TP )...DIANA J CARLONI 

MELODIE Z SCOTT (PRO/PER )...PRO/PER 


Continued from 2/13/13 and 3/20/13 at request of counsel. 



1. Prior status report approved 8/8/12. 

2. No accounting or further status report is filed. Need same. 



(gls)


Page: 9 




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CASE NAME: ESTATE OF MANUELA GLORIA PEREZ 

HEARING: 


COUNSEL: 

SOCRATES SANTANA (PET)...GEORGETTA H.R. RAINEY 

MANUELA GLORIA PEREZ (DEC)... 

JOHN T BACHMAYER (OBJ)...JOHN T BACHMAYER 


Continued from 3/20/13. No appearance. Court orders counsel and client to be 

present at next hearing if probate notes are not cleared. 

THIS CASE IS SET FOR HEARING ON Final Discharge 


1. Petition for Final Distribution granted 3/14/12. The proposed Order for Final 

Distribution was returned for correction on 3/26/12. Need to submit proposed 

order. 

2. Need to file receipts and submit final discharge. 



(gls)


Page: 10 




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CASE NAME: ELIJAH EDWARDS S.N. TRUST 

HEARING: 


COUNSEL: 

WELLS FARGO BANK (PET)...THE GROSSMAN LAW FIRM A.P.C 

ELIJAH EDWARDS SPECIAL NEEDS T(TRU)... 


Continued from 3/27/13. No appearance. 



1. Third Account Current granted 3/21/12. 

2. Fourth Account Current now due. None filed, need same. 



(gls)


Page: 11 




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CASE NAME: JOSEFINE G HERNANDEZ 

HEARING: 


COUNSEL: 

JULIAN HERNANDEZ (PET)...JAMES E NEWNHAM 

JOSEFINE G HERNANDEZ (DEC)... 


Continued from 1/2/13, 2/13/13 and 3/20/13. On 3/20/13, the Court imposed 

sanctions in the amount of $100 on both attorney and administrator to be paid 

within 30 days for failure to appear and/or file the required documents. 

THIS CASE IS SET FOR HEARING ON Final Discharge. 


1. First and Final accounting order entered 04/12/12. 

2. No receipts filed. Need same. 

3. Need Ex-parte Petition/Order for Final Discharge. 

4. Need proof of payment of imposed sanctions. 


Find out status. When receipts or final discharge order are not filed as ordered, court 

may set a hearing in accord with Pr.C. § 8505. 

(vet/gls) 

REASSIGN TO S8P


Page: 12 




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CASE NAME: MTR OF BEVERLY B JENKINS 

HEARING: 


COUNSEL: 

NANCY C O'CONNOR (PET)...HARTNELL, LISTER & MOORE 

BEVERLY B JENKINS (DEC)... 


Continued from 10/03/12, 11/07/12, 12/12/12, 1/23/13 and 3/20/13 at request of 

counsel. 

THIS CASE IS SET FOR HEARING ON Final Discharge. 


1. Amended First & Final judgment entered 11/04/11. 

2. Need receipts by University of New Mexico, St. Bonaventure Indian Mission, 

Chuck Harris, “Helen,” Emma Couveau and Al Carroll. Supp. (12/12/12): 

petitioner alleges that the specific gifts were distributed, but no receipts 

requested/required. Petitioner requests the court accept petitioner’s 

declaration in lieu of receipt. Although some of the specific bequests were 

decedent’s personal items, some consisted of cash proceeds. Court may 

wish to require that petitioner at least attempt to gain receipts for all the 

items and cash distributed. JTD 

3. Final Discharge is submitted. 



(vet/cbr/kra/gls)


Page: 13 




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CASE NAME: THE ESMERALDA SANDOVAL SPECIAL NEEDS TRUST 

HEARING: 

SECOND Account and Report of ERNESTINA SANDOVAL and Petition for 

allowance of fees filed. 

COUNSEL: 

ESMERALDA SANDOVAL (PET)...KATHRYN S KORN 

THE ESMERALDA SANDOVAL SPECIAL(TRU)... 


Continued 2/20/13 and 3/27/13 to clear notes. On 3/27/13, the court orders that 

access to the debit/credit card stop immediately pending further order of the 

court. 

THIS CASE IS SET FOR HEARING ON Second Account Current and Report of 

Trustee and Petition for Allowance of Fees 


1. Accounting covers period: 9/23/11 – 9/15/12 

2. Assets on hand: $48,548.70 (cash of $23,781.91, Nissan vehicle with a carry 

value of $24,026.76 and the balance in personal property) 

3. Petitioner as trustee does not seek compensation during this accounting period. 

4. Attorney requests fees of $2,765.00, together with reimbursement of costs of 

$760.95. Fees are billed at $350/hour for 7.9 hours. Itemized. JTD 

5. Petitioner alleges the current bond of $83,752.00 is excessive and requests 

bond be reduced to $26,750.00 Appears adequate. JTD 

6. There is no social security income or supplemental social security income as 

petitioner originally stated was the trust beneficiary’s source of income. The 

only income listed is “interest income” which is minimal. Question the status of 

social security benefits for beneficiary? File verified supplement.

7. It appears the Special Needs Trust had considerable expenses during this 

accounting period and spent down by over 35%. There appears to be 

excessive purchases of clothing and household expenses (i.e., on 2/21/12 a 

payment to Capital One for clothing and personal items of $460.30, and in 3/12 

over $200/month in clothing expenses and in 4/12 over $600, etc). It appears 

from the disbursements there are consistent clothing and household items 

which appear excessive. Need to file verified supplement explaining the need 

for such clothing and household expenses. Supp (2/19/13): Petitioner alleges 

that during the period of the account, the beneficiary lost in excess of 50 

pounds and is the point of moving out of his mother’s home to live 

independently. For this reason, petitioner alleges funds were spent on 

clothing and setting up for her own household. 

8. As petitioner uses a Capital One credit card for purchases, need verified 

supplement clarifying whether there is an outstanding balance on such account. 

Also need copies of credit card statements for the accounting period Supp 

(2/19/13): Petitioner alleges that as of 9/15/12, there is a small balance of 

$124.51.. 


Court’s discretion. If approved, set next accounting review for 5/7/14 (if one year) and 

(5/6/15) if two years. Accounting to be filed 30 days in advance. 

REASSIGN TO S8P 

(gls)


Page: 14 




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CASE NAME: LUCY ANN SARMIENTO 

HEARING: 

Petition for APPROVAL OF SETTLEMENT 

COUNSEL: 

ROJELIO DORADO (PET)...CRAIG E WILSON 

LUCY ANN SARMIENTO (DEC)... 

US SPECIALTY INSURANCE COMPANY(TP )...PRO/PER 


THIS CASE IS SET FOR HEARING ON Petition for Approval of Settlement 


1. Petitioner alleges that pursuant to the Family Law case number SBFSS89526 

consolidated with this estate on 9/19/11, Samuel Sarmiento’s 1/3 interest in the 

real property located at 2723 Valencia Street was awarded to decedent. 

Additionally, upon payment of $100,000 by decedent to Samuel, his one-third 

interest in the real property known as 3136 Hidalgo Drive was to be awarded to 

decedent. 

Petitioner further alleges the $100,000 obligation to Samuel was never paid 

and Samuel’s one-third interest in Valencia and Hidalgo was never transferred 

to decedent. 

Additionally, a related issue is the title held by Johnny Dorado. Title was 

obtained by a power of attorney whereby Johnny’s father (Julio Dorado) onethird 

interest was transferred to Johnny by use of the power of attorney. 

Petitioner states the power of attorney expressly authorized gifts but the title is 

uncertain. That transfer broke the joint tenancy ownership between Samuel, 

Lucy and Julio creating tenants in common. 

2. All parties agreed to dispose of the foregoing claims by settlement, subject to 

court approval. The settlement provides:

a. Johnny shall transfer his one-third interest in Hildalgo to Samuel; 

b. Samuel shall transfer his one-third interest in Valencia to Johnny; 

c. The Hidalgo property shall be sold with the first deed of trust, all utilities 

and expenses being paid, extraordinary fees of $8,227.25 and statutory 

fees of $1,700 being reserved subject to Court approval, in exchange for 

the estate’s interest with the balance going to Samuel in full satisfaction 

of his claims. Johnny shall have the right of first refusal to purchase the 

estate’s one-third (1/3) interest in Valencia subject to later Court approval 

with the proceeds being used to pay fees, administrative expenses and 

the claim of Johnny Dorado of $10,595.67. The balance thereof being 

distributed to the heirs, namely Samuel Sarmiento Jr., Manuel Sarmiento, 

Matthew Sarmiento and Lauren Temblador. 

3. Notice given. 



(gls) 



Page: 15 




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CASE NAME: MARY ELIZABETH WALLACE 

HEARING: 

Probate Status Report Filed. 

COUNSEL: 

CLAUDIA STRINGER (PET)...JOSEPHINE A. RICH 

MARY ELIZABETH WALLACE (DEC)... 

JAMES R GASS ESQ (ADM)... 


THIS CASE IS SET FOR HEARING ON Probate Status Report 


1. Letters of Administration issued 1/26/12 (full authority, no bond). 

2. Petitioner alleges the estate is not in a condition to be closed as there is an 

unresolved creditor’s claim which was denied on 1/25/13. Additionally, Gregory 

Wallace filed an objection to the creditor’s claim of Claudia Stringer. Petitioner 

requests an additional year to conclude the administration of the estate. 


Court’s discretion. If granted, set next accounting review for 5/7/14. Accounting to be 

filed 30 days in advance. 

(gls)


Page: 16 




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CASE NAME: GLENNON ZEHRT LIVING TRUST 

HEARING: 

Petition for DETERMINING THE EXISTENCE OF TRUST ETC 

COUNSEL: 

GERI ZEHRT (PET)...LINDA ROBERTS ROSS 

GLNNON ZEHRT LIVING TRUST (TRU)... 


On 2/5/13, the court suspended the powers of Carla Zehrt except as to the power to 

close escrow. The court further ordered the escrow proceeds to be placed in Atty 

Linda Roberts-Ross’ trust account 


THIS CASE IS SET FOR HEARING ON Petition Determining Existence of Trust to 

remove Trustee based upon Breach of Fiduciary Duties, to Compel Trustee to Report 

to Beneficiaries and for Damages Resulting from Trustee’s Breach 


1. Petitioner, Geri Zehrt McCann, is a beneficiary under the Glennon Zehrt Living 

Trust dated 9/26/12. Petitioner believes that the principal administration of the 

Trust was Riverside County, California. The trustor died on 10/27/12 and since 

no Notice of Trust Administration was ever sent to petitioner after trustor’s death 

as required under Pr.C. 16061, this petition is timely. 

2. Petitioner alleges no copy of the Trust has been provided as required. 

Petitioner requests that this court make a determination of the existence of 

Glennon’s Trust. 

3. Petitioner asserts that the current Successor Trustee of the Trust, Carla Zehrt, 

has breached her fiduciary duties to the beneficiaries of the trust by the 

following acts/omissions: 

a. Glennon’s California Beach Club Timeshare is not being paid and is at a 

risk of loss.

. Glennon’s other California Beach Club Timeshare for October, 2012, was 

only paid on 1/11/13. Petitioner asserts there was sufficient funds to pay 

this obligation in a timely manner. 

c. The Silver Lakes Vacation Club timeshare is likewise at risk if this estate 

is not properly administered. 

d. The trustee has failed and refused to do what is necessary to obtain 

death benefits owed to the estate from the California State Teacher’s 

Retirement System (estimated value $6,000). 

e. The trustee has refused to reimburse petitioner for costs paid related to 

the memorial service for decedent which petitioner is informed and 

believes that is directed to be paid per terms of the trust. 

f. Petitioner believes the trustee has refused to share information regarding 

the extent, nature and character of the trust estate assets despite 

requests by petitioner. 

g. Petitioner alleges that the decedent intended his personal accounts to be 

included in the corpus of the trust, but instead, the trustee used coercion 

and/or undue influence on the decedent/trustor to leave those accounts 

to respondent as a joint tenant. 

h. Petitioner is informed and believes that the trustee has received a postdeath 

social security check which she has not returned and/or has 

converted to her own personal use. 

i. Petitioner alleges the trustee set herself up to be paid $1,500/month 

predeath to provide “help” to the trustor, Glennon, which petitioner 

believes was not necessary and which was not needed as Glennon could 

manage himself very well with the exception of transportation. 

j. Petitioner assets Respondent was self-dealing from Glennon’s accounts 

k. Note: There are other allegations of breach on page 6 of the petition, 

which page 6 is missing from the Laserfiche image. Need to resubmit 

page 6 of the petition. 

4. Petitioner alleges Glennon’s mobile home located in Yucaipa, CA has been sold 

and escrow scheduled to close 2/4/13, with the gross proceeds to be distributed 

(approx.. $22,000) to the trustee/respondent. Petitioner requests an injunctive 

order to prevent the sale proceeds from being distributed, wasted, absconded 

with or being otherwise controlled by the trustee/respondent. Petitioner believes 

that she will suffer irreparable harm should the court not impose the requested 

mandatory injunction. Petitioner requests that the escrow company either be 

ordered to hold the funds or that such funds be held in trust by petitioner’s 

attorney. 

5. Petitioner requests that Carla Zerht be removed as trustee of the Trust and that 

petitioner be substituted in her place and to provide an accounting. 

6. Petitioner seeks damages for any breach of the Trustee’s breach of fiduciary 

duty. 

7. Need to file Notice of Hearing and proof of service.


Need notice and clear notes. Determine whether responsive pleadings will be filed. 

Set for Evidentiary hearing. 

(gls)


Page: 17 




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CASE NAME: BETTY JUNE COLLER 

HEARING: 

Petition for LETTERS OF ADMINISTRATION 

COUNSEL: 

JULIE SPEAR (PET)...PRO/PER 

BETTY JUNE COLLER (DEC)... 


THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with 

Limited Authority under IAEA 


1. Petitioner requests the Court appoint the Public Administrator. Need consent by 

Public Administrator to serve. 

2. Petitioner lists decedent’s son, Jay Coller, Jr., who would have priority to serve 

in this matter per Pr.C. 8461 absent a Declination. 

3. Petitioner alleges that decedent died in Los Angeles County, but owns property 

in this County. The proper venue for proceedings concerning the 

administration of the estate is the county in which the decedent was domiciled 

per Pr.C. 7051 

4. Need to file proof of publication. 

5. Need to file Notice of Petition to Administer Estate and proof of service. 


Deny petition as the proper venue for these proceedings is Los Angeles County. 

(gls)


Page: 18 




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CASE NAME: MARJAN P SHEEHAN TRUST 

HEARING: 

Petition for FIRST AND FINAL ACCOUNT AND REPORT OF TRUSTEE; 

PETITION FOR APPROVAL OF ACTS OF TRUSTEE ETC 

COUNSEL: 

VICKI BUCKLER (PET)...JEANNE KENNE KENNEDY 

THE MARJAN P SHEEHAN TRUST EST(TRU)... 


THIS CASE IS SET FOR HEARING ON First and Final Account and Report of 

Trustee; Petition for Approval of Acts of Trustee; Petition for Offset/Forgiveness of 

Debt and for Final Distribution 


1. Petitioner states Marjan P. Sheehan executed his Trust on April 8, 2005, 

naming Vicki Buckler as Trustee. Marjan Sheehan died on January 3, 2012. 

The trustee filed an inventory and appraisal with a total trust estate valued at 

$97,927.31. 

2. Accounting covers period: 1/3/12 – 2/13/13. 

3. Petitioner alleges that prior to the trustee’s death, petitioner lent funds to 

Cynthia Buckler for repairs made to her property and personal use. A 

promissory note outlines sums due to Marjan Sheehan. The total amount due is 

$34,896.02 principal and $12,607.40 interest. Petitioner further alleges that 

these sums exceed the amount Cynthia Buckler would receive in distribution. 

The trustee requests authority of the Court to forgive Cynthia Buckler’s notes as 

her distribution even though it is an amount larger than the other heirs will 

receive. Thus, the entire trust estate will be distributed between the remaining 

heirs in equal shares without collection of such note after the expenses of 

administration are paid. Need consent by all trust beneficiaries for this

purported promissory note forgiveness. Alternatively, the note could be 

distributed in kind. 

4. Petitioner waives compensation as trustee for services during this accounting 

period. 

5. Petitioner requests approval of attorney’s fees already paid to Caldwell, 

Kennedy & Porter in the total amount of $3,470.00, together with costs of 

$15.20, for a total of $3,485.30. 

6. Petitioner requests authority to withhold $5,000 as a reserve for preparation of 

final and fiduciary income tax returns. 


Need to clear note 3 and then Court’s discretion. 

(gls)


Page: 19 




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CASE NAME: THE HOAG FAMILY TRUST 

HEARING: 

Petition for INSTRUCTIONS REQUESTING APPOINTMENT OF 

ALTERNATE PERSON TO ACT AS ETC 

COUNSEL: 

TODD UNDERWOOD (PET)...ALBERTSON & DAVIDSON, LLP 

THE HOAG FAMILY TRUST, (TRU)... 


THIS CASE IS SET FOR HEARING ON Petition for Instructions requesting 

appointment of alternate person to act as Custodian of a California Uniform Transfer to 

Minors Act Account 


1. Petitioner, Todd Underwood, is the trustee of the Hoag Family Trust dated 

4/15/99. The trustee seeks an order from the Court to name an alternate 

person to act as custodian under the CUTMA account. Petitioner states that 

under the Trust terms, a minor John M. Reynolds (incorrectly named in the trust 

as John J. Reynolds) is entitled to a specific gift of the Trust’s annuity held by 

ING Contract. The trust directs the trustee to distribute the funds to John 

Reynolds mother, Brenda Reynolds, until the age of 21 under CUTMA. 

Petitioner does not believe that Brenda Reynolds is a suitable custodian to act 

over the account (see allegations LF p3), together with the fact Brenda 

Reynolds current whereabouts are unknown. Therefore, Petitioner seeks 

instruction from the Court to name an alternate person as custodian to 

safeguard and preserve the funds to be distributed to John M. Reynolds until he 

attains age 21. Petitioner proposes that the alternate custodian to hold such 

funds be John Reynolds, Sr. (father of John M. Reynolds). John Jr. still resides 

with his father. Petitioner alleges John Jr. is now 18 years of age.

2. Due diligence declaration is filed as to Brenda Reynolds indicating efforts to 

locate were unsuccessful. JTD 



(gls)


Page: 20 



HONORABLE: CYNTHIA LUDVIGSEN CONSERVATORSHIPS 

---------------------------------------------------------------------- 


---------------------------------------------------------------------- 

CASE#: CON DS1000324 

CASE NAME: DELFINA MARTINEZ 

HEARING: 

VERIFIED Account and Report of AKEIMO ELEASARO and Petition for 


COUNSEL: 

AKEIMO M ELEASARO (CPE)...PRO/PER 

DELFINA MARTINEZ (CEP)...JEANNE E KENNEDY 


Continued from 12/27/12, 01/30/13 and 3/26/13. No appearance on 3/26/13 and 

court reappoints Atty Kennedy as counsel for conservatee to check on finances. 

THIS CASE IS SET FOR HEARING ON Accounting and Report of Conservator 

Request for Waiver of Court Fees and Costs filed by AKEIMO M ELEASARO is GRANTED 

THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 

1. Petitioner/conservator alleges the court ordered him to prepare an 

accounting of the funds he received from social security and conservatee’s 

Wal-Mart 401k. 

2. Accounting should cover the period 2/23/11 – current date. 

3. Petitioner provides bulk amounts of income as well as the ending balance in 

the bank account. This does not indicate whether the accounting balances. 

Need to provide: 

a. Summary of Account on mandatory Judicial Counsel forms; 

b. Schedule of Receipts; 

c. Schedule of Property on hand; 

d. Petitioner alleges no expenses were made. 

4. The accounting should start with the balance of the Inventory filed 1/18/12. 

Need to file an amended accounting. 

5. Need report of Atty Kennedy, court-appointed counsel. 


Need to clear notes. (gls/cbr/gls)


Page: 21 




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CASE NAME: CURTIS FERRELL 

HEARING: 

THIRD Account and Report of DIANE D HARKISON and Petition for 


COUNSEL: 

DIANE D HARKISON (CE )...M DANIEL SAYLOR 

CURTIS FERRELL (CTE)... 

TERESA D FERRELL (CP )...PRO/PER 

DONNA LEE STRUGILL DIAZ (PET)...PRO/PER 


THIS CASE IS SET FOR HEARING ON Third Account Current and Report of 

Conservator and Petition for Allowance of Fees and for Decrease in Bond and for 

Authority to pay Caregiver 



2. Assets on hand: $33,234.67 (cash) 

3. Petitioner requests fees of $9,927.90, of which $5,050.00 has been paid, 

leaving a balance due of $4,877.90. Billed at various rates for various services 

not exceeding $95/hour. Itemized. JTD 

4. The conservatee’ s mother cares for conservatee, and petitioner requests 

authority to pay the sum of $1,000 to Theresa Ferrell (mother) until funds are 

depleted. JTD 

5. Petitioner alleges the services to conservatee will exceed $250/month. 

Petitioner requests authority to pay to her the sum of $250/month until funds are 

depleted. JTD 

6. Attorney requests fees of $5,798.75. Billed at $325/hour for attorney time and 

$95/hour for paralegal time. Itemized.

7. Petitioner alleges the current bond of $88,000 is excessive and should be 

reduced to $37,000. Appears adequate. JTD 

8. There are various disbursements to Teresa Ferrell for reimbursement of misc. 

personal items in various amounts some exceeding $600. Does court wish to 

require an itemization of what personal items were reimburse? JTD 

9. Court to note the financial statements are lodged but not imaged. 


Court’s discretion. If approved, set next accounting review for 5/7/14 (if one year) or 

5/6/15 (if two years). 

(gls)


Page: 22 




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CASE NAME: MARJORIE E. OWENS 

HEARING: 

Conservatorship COMPLIANCE REVIEW Hearing on Supplemental 

Petition for Conservatorship of DONNA J CALVER 

COUNSEL: 

ROBERT A ATKINSON (CPE)...ZUMBRUNN LAW CORPORATION 

MARJORIE E OWENS (CEP)... 

DONNA J CALVER (OBJ)...JEANNE E KENNEDY 





1. Letters of Conservatorship (person and estate) issued 10/31/12 to Donna 

Calver. 

2. Bond of $150,000 is posted. 

3. Notice of Conservatee’s Rights filed 1/23/13. 

4. Confidential Care Plan filed 1/30/13. 

5. Determination of Conservatee’s Appropriate Level of Care filed 2/6/13 

6. Proof of recordation of Letters of Conservatorship filed 2/27/13. 

7. Inventory and Appraisal, together with Notice of How to Object filed. 



(gls) 



Page: 23 




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CASE NAME: IN MATTER RE MARGARET CLOSE 

HEARING: 

SECOND AND FINAL Account and Report of DIANE D HARKISON and 


COUNSEL: 

AMY ASHBY (CPE)...RICHARD M. GHAN 

MARGARET CLOSE (CEP)...JANET M HERRING 

DIANE D HARKISON (CPE)...M DANIEL SAYLOR 

MARTHA K WHITE (PET)...ROGER VON KAESBORG 

CHARLES D CLOSE (PET)...ROGER VON KAESBORG 


THIS CASE IS SET FOR HEARING ON Second and Final Account of Temporary 

Conservator (Diane Harkison) and for Allowance of Attorney’s Fees and for Authority 

to Deliver Assets 



2. Assets on hand: $4,855.51 (cash) 

3. Petitioner requests no additional fees as temporary conservator. 

4. Attorney requests fees of $1,162.50. Billed at $295/hour for attorney time and 

$90/hour for paralegal time. Itemized. JTD 

5. Petitioner alleges pursuant to an agreement of the parties entered on 7/12/12, 

the temporary letters of Diane Harkison PPF will expire upon approval of the 

current accounting. Petitioner requests authority to distribute the balance of the 

assets to the general conservator of the estate. 

6. Need original copies of facility statements for Sky Harbor Care Center per PrC 

2620(c)(5). 


RFA subject to note 6 and court’s discretion re fees. If approved, set hearing on the 

filing of receipt(s) and final discharge for 5/7/14. 

(gls)

Future Hearings:6/12/13 COMPLIANCE RVW/I&A&BOND/ACCTNG 

11/13/13 FINAL DISCHARGE 

3/5/14 Accounting Review.


Page: 24 




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CASE NAME: CARMEN VILLEGAS 

HEARING: 

Conservatorship COMPLIANCE REVIEW Hearing on Petition for 

Conservatorship of CARMEN ANKELE 

COUNSEL: 

CARMEN ANKELE (CPE)...PRO/PER 

CARMEN VILLEGAS (CEP)... 


Continued from 3/26/13 to clear notes. 

THIS CASE SET FOR HEARING ON Compliance Review. 


1. Court appointed conservator of the person and estate on 08/21/12, $0 bond. 

2. Proof of service of a copy of the Order for Conservatorship with Notification of 

Conservatee’s rights filed 3/26/13. 

3. Determination of Conservatee’s Appropriate Level of Care form GC-355 filed. 

4. Care plan filed. 

5. Final Inventory and Appraisal filed. 

6. Proof of recordation of letters is filed. 

7. Court Investigator report filed 02/11/13. 



(cbr/gls) 



Page: 25 




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CASE NAME: MTR OF RAYMUNDO CERVANTES GONZALES 

HEARING: 

- Account and Report of BENJAMIN R GONZALES and Petition for 


COUNSEL: 

BENJAMIN R GONZALES (CPE)...PRO/PER 

RAYMUNDO CERVANTES GONZALES (CEP)...NOREEN FONTAINE 

HILBERT G GONZALES (OBJ)...PRO/PER 


Continued from 12/5/12, 1/16/13 and 2/27/13 at request of counsel. 

THIS CASE IS SET FOR HEARING ON First Account and Report and Petition for 

Allowance of Fees of Benjamin Gonzales, Temporary Conservator of Estate 


1. Letters of Temporary Conservatorship, person and estate, issued on 7/5/12 to 

Benjamin Gonzales. On 8/8/12, Court removed Benjamin Gonzales as 

temporary conservator of the estate and appointed Bruce Hitchman as 

temporary conservator of estate. The court directed Benjamin Gonzales to 

prepare accounting from 7/5/12 – 8/8/12. Additionally the court directed 

Benjamin Gonzales and Hilbert Gonzales to prepare accounting of 

conservatee’s funds used. 

2. Accounting filed 11/2/12 by Benjamin Gonzales includes a schedule of 

disbursements and attaches a check account register, receipts for purchases, 

and bank statements for period 6/22/12 – 9/11/12. 

3. Need proper accounting to include required schedules and report per Pr.C. 

§§1060-1064. 


Need proper accounting. Suggest Court set hearing re Accounting Review for 

Benjamin Gonzales and Hilbert Gonzales use of conservatee’s funds. 

(fhl/kra/gls)


Page: 26 




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CASE NAME: SEAN A SMOCK 

HEARING: 

Conservatorship COMPLIANCE REVIEW Hearing on Petition for 

Conservatorship of SHIRLEY A SMOCK 

COUNSEL: 

SHIRLEY A SMOCK (CP )...PRO/PER 

JENNIFER M DANIEL (PET)...JENNIFER M DANIEL 

SEAN A SMOCK (CEE)...JENNIFER M DANIEL 




1. Letters of Conservatorship (person only) issued 10/31/12. 

2. Need to file Notification of Conservatee’s Rights together with proof of service. 

3. Need to file Care Plan. 

4. Need to file Determination of Conservatee’s Appropriate Level of Care. 



(gls)


Page: 27 




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CASE NAME: KAREN L KELLER 

HEARING: 

Hearing Re: STATUS OF FILING COPY OF SPECIAL NEEDS TRUST 

COUNSEL: 

SUSAN PAUL (CPE)...KARIN E HORSPOOL 

KAREN L KELLER (CEP)...ROSE C ROSADO 

JOHN SHADDOX (TP )...JAMES B CHURCH 

RELATED CASE PROPS 0700122 



John Shaddox to file accounting prior to next hearing date. 

THIS CASE IS SET FOR HEARING ON Status of Filing Copy of Special Needs Trust. 


1. On 10/22/12, Court directed that copy of special needs trust created for 

conservatee be filed. Need same (may be filed confidentially). 

2. Declaration by John Shaddox filed 11/09/12 with affixed documentation 

indicates personal funds were used with the understanding he would be 

reimbursed and that he did not mismanage the special needs trust funds. 

3. Need to file accounting by John Shaddox. 



(fhl/vet/gls)


Page: 28 




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CASE#: SC SS03126 

CASE NAME: MTR OF MARGARET J. DEVLIN 

SEE ALSO 29 

HEARING: 


COUNSEL: 

DELORES E. NEMCEFF (CPE)...GUAY P WILSON 

MARGARET J. DEVLIN (CEP)...D. HERSHEL WILSON 

See notes next page (page 29)


Page: 29 




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CASE#: SC SS03126 

CASE NAME: MTR OF MARGARET J. DEVLIN 

SEE ALSO 28 

HEARING: 

Hearing Re: OSC RE SANCTIONS 

COUNSEL: 

DELORES E. NEMCEFF (CPE)...GUAY P WILSON 

MARGARET J. DEVLIN (CEP)...D. HERSHEL WILSON 


Continued from 10/03/12. No appearances. Notice by Judicial Assistant. 

Continued from 11/14/12, 1/2/13, 2/6/13 and 3/20/13. No appearance on 3/20/13 

and court sets this OSC. 

THIS CASE IS SET FOR HEARING ON OSC re sanctions for failure to appear and/or 

file final discharge 


1. Third and Final Accounting approved 08/24/11. 

2. Need receipt. 

3. Need Ex-Parte Petition/Order for Final Discharge. 


Find out status. When receipts or final discharge order are not filed as ordered, court 

may set a hearing in accord with Pr.C. § 2655. 

(vet/gls)

probate - San Bernardino Superior Court

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