Calendar date of 11/24/10 ***** - San Bernardino Superior Court

Calendar date of 11/24/10 

THE NOTES BELOW REPRESENT NOTES 

AFTER THE SECOND CHECK HAS BEEN 

COMPLETED. NO FURTHER DOCUMENTS 

WILL BE REVIEWED PRIOR TO HEARING. 

***** 

The Probate Examiners can be reached at 

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 SEND EMAILS TO STATE THAT DOCUMENTS HAVE BEEN 

FILED, TO REQUEST A CONFIRMATION OF WHETHER DOCUMENTS HAVE 

BEEN RECEIVED, OR TO REQUEST THE CLEARING OF NOTES. No legal or 

procedural advice may be given

Superior Court of Calif, County of San Bernardino 

Page: 1 

CIVPRO San Bernardino District - Civil 

PROBATE/CONSERVATORSHIP CALENDAR 

HONORABLE: J MICHAEL WELCH PROBATE 

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DATE: 11/24/10 TIME: 9:00 DEPT: S33P 

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CASE#: PRO DS1000765 

CASE NAME: IRENE MADALINE CAMACHO 

HEARING: 

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

under IAEA. 

COUNSEL: 

LISA MARIE FELIX (PET)...ELENA REYES 

IRENE MADALINE CAMACHO (DEC)... 

GENERAL INFORMATION 

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

authority under IAEA by daughter. 

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

1. Petitioner is requesting bond of $280,000. Appears sufficient. 

2. Need proof of publication. 

RECOMMENDATION 

RFA subject to note 2, $280,000 bond. If approved, set Accounting/Status Review for 

02/01/12. Any accounting to be filed 30 days in advance. Note requirements of local rule 

20-908. 

(cbr)


Page: 2 



HONORABLE: J MICHAEL WELCH 

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CASE NAME: WALTER HOWARD TODD JR. 

HEARING: 

Petition for LETTERS OF ADMINISTRATION 

COUNSEL: 

LARRY TODD (PET)...DAVID & TURNER 

WALTER HOWARD TODD JR. (DEC)... 


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

authority under IAEA by son. 


1. All heirs waive bond. However, need wavier from Jerry Lee Todd. 

2. Petitioner also is requesting $70,000 to be placed into a blocked account in Bank of 

America. 



Need to clear notes. If approved, set Accounting/Status Review for 02/01/12. Any 

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

(cbr)


Page: 3 




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CASE NAME: SAMUEL ARRIOLA 

HEARING: 

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

under IAEA 

COUNSEL: 

ANGELA ARRIOLA (PET)...BARBARA BERGSTEIN 

SAMUEL ARRIOLA (DEC)... 


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

authority under IAEA by daughter. 


1. Petitioner is requesting bond of $20,000. The only asset of the estate is a pending 

civil lawsuit. Appears sufficient. 



RFA subject to note 2, $20,000 bond. If approved, set Accounting/Status Review for 

02/01/12. Any accounting to be filed 30 days in advance. Note requirements of local rule 

20-908. 

(cbr/abs) 

Superior Court of Calif, County of San Bernardino

Page: 4 




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CASE NAME: RODNEY W. LOFT & MARGARET T. LOFT FAMILY TRUST 

HEARING: 

Petition for CONFIRMING ASSETS ARE TRUST ASSETS 

COUNSEL: 

RODNEY W. LOFT AND MARGARET T.(TRU)... 

SUSAN KALIL (TEE)...ZUMBRUNN LAW CORPORATION 

STEPHEN LOFT (ZUMBRUNN LAW CORPORATION )...ZUMBRUNN 


THIS CASE SET FOR HEARING ON Petition for Confirming Trust Assets and Transfer to 

Trustees Pr. C. §§ 850, 17200. 


1. Petitioners Susan Kalil and Stephen Loft are Trustees of the Rodney W Loft and 

Margaret T Loft Family Trust dated 8/24/91 and amended and restated on 3/16/10. 

Trustors Rodney W. Loft died 04/07/10 and Margaret T. Loft died on 6/06/10. 

2. Petitioners request that the court find that the property is a trust asset. The property 

was first transferred in the name of the trust in 1991, then refinanced and retransferred 

to the trust in 1995. However, the real property was again refinanced in 

1999 and the deed was transferred to themselves as husband and wife as joint 

tenants. If the assets are set forth in Schedule A (in this case named community 

property) of the trust this establishes an intent on the part of the settlor that the 

assets be a part of the trust. It is not necessary to actually transfer by deed to the 

trust. (Estate of Heggstad (1993) 16 Cal. App. 4th 943.) Under the original facts the 

assets would clearly have been deemed a part of the trust. However, there was an 

intervening fact, the petitioner transferred the asset themselves as individuals. This 

takes the asset out of the trust. The Trustors then had from 1999 until her death in 

2010 (11 years) to transfer the asset back into the trust. The Trustors did not do so. 

Question the intent of the Trustors as 11 years had passed and question why this 

asset should not be probated? Need verified supplement. Supp: Petitioners 

state that their parents believed that the property was a trust asset. JTD. 


Court’s discretion. 

(cbr/abs)


Page: 5 

CIVPRO San Bernardino District - Probate 



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CASE#: PRO PS0600107 

CASE NAME: ESTATE OF MARVIN J BUXTON 

HEARING: 

FIRST Account and Report of DEBRA L BUXTON 

COUNSEL: 

DEBRA L BUXTON (PET)...DONALD C KEMBY 

MARVIN J BUXTON (DEC)... 

DEPARTMENT OF HEALTH CARE SERV(TP )...PRO/PER 


THIS CASE IS SET FOR HEARING ON 

First account and report. 


1. The highly unusual nature of this probate administration warrants a timeline of 

the probate: 

a. Decedent died in 2004. 

b. Representative’s probate petition was approved in 4/07. The court required 

$31,000 bond. 

c. In 11/07, the court vacated the bond requirement based upon waivers of the 

heirs. 

d. In 12/07, DHCS filed a $37,139.84 claim and request for special notice. 

e. In 3/08, representative filed a Final I&A indicating that the sole probate asset 

was a $70,000 real property in Yucca Valley, CA. In 7/08, representative 

reported that the real property was listed for sale. Letters had not yet 

issued. 

f. In 8/08, atty Donald Kemby substituted into the case on behalf of 

representative. He had already been participating in the case. 

g. In 9/08, an “Interim Report” by atty Kemby on behalf of the representative 

disclosed that “Red Dragon, Inc., the entity entitled to distribution of the 

Estate Property, waives an account by Petitioner ….” Kemby did not 

disclose that he is the CEO and agent for service of Red Dragon, Inc. The 

Interim Report was signed by Kemby only, apparently based upon his 

attached declaration stating that he did not have contact with the client.

h. In the 9/08 Interim Report, Kemby alleged that in 2005, Red Dragon, Inc. 

had obtained assignments in interest for the property from two of decedent’s 

three children and that assignments from the three minor grandchildren 

(children of a third predeceased child of decedent) were obtained in 2006. 

Both dates are well before 2007 when the probate petition was filed and 

2008 when Kemby substituted into this case. It is unclear how Kemby came 

to represent representative or whether any disclosures regarding his 

relationship with Red Dragon, Inc. were made. Need declaration from 

Kemby and verified supplement from representative. 

i. Also in the 9/08 Interim Report, Kemby states that the assignments from the 

three minors were obtained from their parent pursuant to Pr.C. 3401. 

However, that section related to delivery of a minor’s property to a minor via 

a parent under certain circumstances. There is no apparent basis for the 

parent to have bound the minors to an assignment. Parent is also listed as 

trustee but that would not confer authority to assign their inheritance rights 

as individuals. Need declaration from Kemby and verified supplement from 

representative. 

j. Note also that as of the 9/08 Interim Report, letters still had not issued. 

k. At a 12/18/08 ex parte hearing on petition for administrator to obtain a loan 

on estate real property, there was no appearance and the petition was 

denied. 

l. A 12/22/08 petition for same was again signed only by Kemby (not 

representative). Kemby/the estate proposed to obtain a $50,000 loan with 

up to 15% interest on the basis that the estate real property was headed for 

foreclosure and it was a hardship for the representative to advance funds to 

keep the property. Kemby again did not disclose the assignments to his 

corporation, Red Dragon, Inc. The petition was denied in 12/29/08. 

m. On 12/29/08, letters of administration issued. 

n. On 4/1/09, DHCS again filed a $37,139.84 claim and request for special 

notice. 

o. On 11/24/09, the estate again filed a petition for authority to obtain a loan on 

the real property on behalf of the estate. The proposed terms this time were 

a $40,000 loan with up to 15% interest. An attached declaration of atty 

Kemby stated that the DHCS claim had been negotiated down to $18,000 

and that the proposed loan proceeds would be used to pay that negotiated 

claim and to save the real property from foreclosure. Again, there is no 

mention of the assignments to Red Dragon, Inc. The court calendared the 

matter for a noticed hearing. 

p. On 1/27/10, the court granted the petition to authorize the loan. Note atty 

Kemby’s supplemental declaration filed the same date setting forth the 

history of the probate including the purchase of assignments by Red Dragon, 

Inc. (without reference to his involvement with that corporation). Counsel 

also states that a Huong Kuot had paid $7,127.27 to the trustee to avoid 

foreclosure and that the loan proceeds would be used to pay-off the existing 

mortgage ($9,776.06), to settle the DHCS claim for $18,000, to pay 

approximately $5,000 loan fees, and to use the remaining proceeds to repay

all or a portion of the funds advanced by Kuot. The identity/relationship of 

Kuot is not disclosed. Note also that Kemby states that “the beneficial 

interest in the estate were [sic] assigned to Kuot as security.” (p. 2:18-19.) 

q. In a 1/27/10 Waiver of Notice (accompanying the petition to authorize the 

loan), note that Huong Kuot signed as an individual and a signature 

matching that of atty Kemby is on the signature line for Red Dragon, Inc. but 

there is no printing designating the name of the signor. 

r. In a 4/8/10 supplemental declaration re status of probate, atty Kemby again 

states that the beneficiary interest in the property was assigned to red 

Dragon. Inc., which was in turn assigned to Kuot who advanced the funds to 

avoid foreclosure. Kemby added that when the proposed mortgage was 

funded, the estate intended to seek authority to transfer the estate real 

property to Kuot. This statement conflicts with Kemby’s prior statement that 

Kuot would be repaid the advanced funds (both a transfer and repayment 

would not be improper) and it is not clear upon what authority Kemby/the 

estate would preliminarily transfer estate real property, the only estate asset. 

Kemby still does not disclose his relationship with Red Dragon, Inc. or the 

identity/relationship of Kuot. Again, the client/representative does not sign 

any of the probate documents nor apparently receive notice of same. 

s. In a 7/8/10 supplement declaration regarding probate status, atty Kemby 

again repeats the allegations re assignments to Red Dragon then to Kuot 

and again states that the real property is to be transferred to Kuot. Kemby 

added that a $40,000 loan could no longer be obtained and that a $32,000 

loan was taken. Kemby notes that the loan was funded and the proceeds 

were sent to the client/representative who had moved to a rural section of 

Washington state “some distance from any bank” and therefore no bank 

account had yet been opened. Kemby also added that he hoped to 

renegotiate the DHCS claim lower based upon the lesser loan proceeds but 

that he was waiting to hear back from the state. 

t. On 8/4/10, atty Kemby filed a document entitled “Mesne Assignments 

Beneficial Interest Terminating in the Assignments to Huong Kuot” [sic] in 

which he states “That I am, and at all times relevant herein have been, the 

attorney for Red Dragon, Inc.” (p. 1:25-26.) Such representation is not 

indicated in the file anywhere up to that point. Kemby added that the 

assignments were fairly purchased and assigned to Kuot to avoid 

foreclosure. Copies of the assignment documents are attached for the first 

time. A review indicates a 1/21/10 assignment from Red Dragon, Inc. (with 

Kemby signing as CEO of the corporation) to Kuot. Also attached are 

1/11/06 assignments from the father/trustee of the three grandchildren heirs 

to Donald C. Kemby (to him individually, not to Red Dragon, Inc.) and an 

assignment to Red Dragon, Inc. that accounted for the interests of 

decedent’s two surviving adult children. Again the “status report” is signed 

only by Kemby and not the client/representative. 

u. On 8/9/10, Kemby filed a Report on Accounting for Loan Proceeds in which 

he reports that the state would not negotiate a lower claim based upon the 

lesser loan proceeds and therefore the net $16,663.04 loan proceeds were

not used to pay the claim and instead were distributed to the estate for 

deposit into the estate account (presumably held by the representative – 

note lack of information and statements in the accounting notes section 

below). Kemby adds that the real property is listed for sale. Also, a review 

of the attached escrow closing statements reveals the following concerns: 

i. Loan fees to “The Loan Lady” of $3,700 for a $32,000 loan (11.6%). 

ii. Total loan fees and costs of $5,662.65 for a $32,000 loan (17.7%). 

Again, the report is signed by counsel only and not the representative. 

Counsel did not sign under penalty of perjury. Also, it appears that the 

conditions for which the loan was approved by the court (payment of claim) 

has not been met. 

2. Now before the court is a First Accounting and Report filed on 10/8/10. The 

notes below address that accounting. 

3. The verification of the representative was made in Washington State and does 

not state that it is made under penalty of perjury under the laws of the State of 

California as required by CCP section 2015.5. 

4. The summary of account is not clear because it is in unusual form (e.g., 

including mortgages both in charges and credits, unlabelled Schedules A-F in 

credits, an unclear “less mortgage” amount under credits of both $32,000 and 

$38,000 (when prior filings state that the existing loan balance was $9,000), etc. 

Need proper summary of account. 

5. Petitioner states that all accounting amounts are estimates because the 

computer on which the figures were kept was stolen. Suggest court require 

rebuilding of exact accounting via bank statements and cancelled checks 

recovered from bank. 

6. The history of the estate, including the assignments to Red Dragon, Inc. are 

again retold without stating the relationship between atty Kemby and Red 

Dragon nor whether any disclosures were made to beneficiaries or 

representative. Need P&As and verified declarations of counsel and 

representative addressing apparent conflict of interest and potential violations of 

the Rules of Professional Conduct including 3-300 and 4-300 per the facts set 

forth above (purchase of estate asset by corporation controlled by 

representative’s counsel, with or without disclosure and consent). 

7. Representative/Kemby state that “Red Dragon, Inc. has received additional rent 

[on the estate real property] … in the amount of $4,400” and that “Red Dragon 

has had a net expenditure on the subject property of $32,641.70 ….” (p. 4:23- 

26.) The rents would belong to the estate and not Red Dragon as the real 

property is still estate property until distribution. At most, Red Dragon has 

received an assignment of beneficial interest for the real property that would not 

ripen until distribution. Issues raised: 

a. Court may wish to set OSC re return of rent receipts to estate forthwith. This 

is especially sensitive in light of the fact that there will be at least one 

unsatisfied creditor (DHCS). 

b. By failing to pay the DHCS claim with the loan proceeds, 

representative/Kemby have essentially drained the value of the estate asset 

away from the creditor. This is especially problematic because there are no

ank statements to indicate where any surplus loan assets are held. 

Suggest court require deposit of any existing funds to blocked account 

forthwith and proof of same. 

c. Treatment of the estate asset evidences an extreme confusion by both 

Kemby and the representative regarding the administration process and 

ownership of estate assets during that process. 

8. Representative states that the California State Controller has notified the estate 

that it seeks approximately $5,600 for deferred property taxes by decedent. 

9. The schedules to the accounting are highly irregular and not in standard form 

that can be followed. Need proper amended accounting. For now, a review of 

the documents purportedly attached as schedules reveal the following 

concerns: 

a. Schedule B - 9/16/05 for an unstated amount to Michael Buxton (son) to 

“Buy His Interest for Cash.” This is troubling both because representative/ 

Kemby have accounted back to a period in which Red Dragon apparently 

was purchasing the heirs’ interests and because specifics are not given. Is 

Red Dragon including its expenses in this estate accounting? 

b. Schedule B – Multiple reimbursements to a Price Dawe without explanation 

(and some without amount) for hundreds of dollars. 

c. Schedule C – All entries are unsupported and without explanation of how 

they benefited the estate. 

d. Schedule D of Misc Expenses includes thousands to a Ron Brault and Home 

Depot without explanation and all entries are unsupported/ unexplained. 

e. Schedule E, Refund from Loan purports to set a starting balance from the 

loan proceeds amount then add for rents and reduce for an unexplained 

$10,628.12 for “Withdrew/Paid Kemby & Kuot.” Need verified supplement 

itemizing and explaining including sizeable payment to counsel and Kuot 

without apparent authority. 

f. Schedule F is a mere separate period of unexplained transactions. Note 

lump sum $3,302.79 “cash expenses by attorney” and $3,040.87 reimbursed 

by estate (apparently without authority) without any breakdown or support. 

g. Schedule G appears to indicate that Kemby has completely intermingled the 

funds and accounting, stating the sources of funds over the schedules 

(some period positive and some negative), plus significant rents received 

($17,400). This form of “accounting” cannot be followed. 

h. The entirety of the accounting does not meet the reporting, summary, and 

schedule requirements of Pr.C. 1060 et seq. Need amended accounting. 

i. Need all bank/investment statements per Local Rule 20-908. 


Need amended accounting and to clear notes re needed P&As and verified supplements. 

Court may wish to set OSC re return of estate assets forthwith. There is no bonding 

company to notice. 

(abs)


Page: 6 




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CASE#: PRO PS0900355 

CASE NAME: ROY CHARLES MINER 

SEE ALSO 7 

HEARING: 

Hearing Re: Petition for Request for Seizure of Funds 

COUNSEL: 

SHEILA JO MINER (PET)...JAMES E NEWNHAM 

ROY CHARLES MINER (DEC)... 

SHIRLEY M MINER (OBJ)...JACK B OSBORN 

GENERAL INFORMATION: 

Continued from 6-17-09 by request of counsel. No new research completed. The notes 

below are from the hearing on 6-17-09. 

Continued from 06/22/09, 08-18-09, 10/28/09. 12/22/09, 2/22/10, 03/22/10, 4/26/10, 

5/24/10, 7/1/10, 07/28/10, 09/1/10 and at request of counsel. 

THIS CASE IS SET FOR HEARING ON Petition for Request of Seizure of Funds and 

Placement into Trust Account 


1. Petitioner is the daughter of decedent, Roy Charles Minor, who died 4/13/09. 

Petitioner alleges that decedent had a bank account (pay on death account or joint 

tenancy account) for which petitioner was listed as beneficiary. Petitioner believes 

that petitioner’s brother, Rick Miner, used his power of attorney after decedent’s 

death to close the account. Petitioner believes there may be other accounts that 

her brother closed as well. No authority is provided in the petition, however, it 

would appear that this is a petition under Pr.C. §850. 

2. Need to file Notice of Hearing and proof of service per Pr.C. §851, including 

personal service upon Rick Miner. 

3. Objections filed by Shirley Miner. 

RECOMMENDATION: 

Need notice and then set for Evidentiary Hearing. 

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


Page: 7 




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CASE NAME: ROY CHARLES MINER 

SEE ALSO 6 

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

under IAEA. 

COUNSEL: 

SHEILA JO MINER (PET)...JAMES E NEWNHAM 

ROY CHARLES MINER (DEC)... 

SHIRLEY M MINER (OBJ)...JACK B OSBORN 

GENERAL INFORMATION: 

Continued from 06/22/09, 08-18-09, 10/28/09, 12/22/09, 2/22/10, 03/22/10, 4/26/10, 

07/1/10, 07/28/10, 9/1/10 and 10/14/10 at request of counsel. 

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

authority under IAEA filed by daughter 


1. Petitioner makes no request whether or not bond should be waived. 

However, as full authority is requested, Court may wish to set bond at 

$505,000. JTD 

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

3. Need to file proof of publication. 

4. Objections filed by Shirley Miner, surviving spouse of decedent, stating 

there are no assets subject to probate administration. All of 

decedent’s assets are either held jointly with objector or held in the 

name of the Miner Trust. 

RECOMMENDATION: 

Need to clear notes 2-3, and then Court’s discretion. If approved, set hearing on 

accounting/status review for 02/01/12. Accounting to be filed 30 days in advance. 

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


Page: 8 




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CASE NAME: EDWARD MANOUGIAN 

SEE ALSO 9 & 10 

HEARING: 

Hearing Re: CONTEST AND GROUNDS OF OPPOSITION 

COUNSEL: 

MARGUERIT MANOUGIAN (PET)...SILVA BEREJIAN 

EDWARD MANOUGIAN (DEC)... 

MASSIS MANOUGIAN (CON)...TERRENCE F RILEY 


Continued from 08/25/09 at request of counsel for publication. 

Continued from 10-06-09, 12/1/09, 1/7/10 and 2/18/10 to file responsive pleadings. 

Continued from 4/29/10 as matter is contested and set for MSC. 

Continued from 06/21/10/ Court and counsel confer off the record. 

THIS CASE SET FOR HEARING ON Petition for Probate, Letters Testamentary with Full 

Authority under IAEA. 


1. Petitioner, Marguerit Manougian, submits a purported will dated 10/26/07 for 

probate. The purported Will waives bond. 

2. Notice to Petition to Administer Estate and proof of service filed. However, section 

5 is not checked indicating petitioner is requesting IAEA authority. Need proper 

notice. 

3. Proof of publication filed. However, it does not indicate the request for IAEA 

powers. Need correct proof of publication. 

4. Contest and Grounds of Opposition to Probate of Will is filed by Massis 

Manougian (son and heir of decedent). Respondent alleges that he is the 

executor and sole beneficiary under another Will dated 6/20/97 which is 

decedent’s true and valid Will. Respondent further alleges the purported Will 

dated 10/26/07 was not signed by decedent in the manner required by law, 

and it was signed under fraud and undue influence. 

5. Reply to Contest and Grounds of Opposition filed.

6. Need return of summons. 


Contested hearing set. 

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

Future hearing dates: 

11/29/10 Court Trial set for PETITION FOR WILL AND LETTERS TESTAMENTARY of 

MARGUERIT MANOUGIAN 

11/29/10 Hearing Re: CONTEST AND GROUNDS OF OPPOSITION 

11/29/10 Hearing re: Petition for Probate, Letters of Testamentary With Full Authority 

Under IAEA..


Page: 9 




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SEE ALSO 8 & 10 

HEARING: 

Hearing re: Petition for Probate, Letters of Testamentary With 

Full Authority Under IAEA.. 

COUNSEL: 




See notes on previous matter (page 8) 






Under IAEA..


Page: 10 




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SEE ALSO 8 & 9 

HEARING: 

Readiness Calendar 

COUNSEL: 




Readiness – No notes 






Under IAEA..


Page: 11 




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CASE NAME: MARY ROMAN VELARDE 

HEARING: 

FIRST Account and Report of MONICA L. HINOJOS and Petition for 

allowance of fees filed. 

COUNSEL: 

MONICA L. HINOJOS (PET)...GREGORY L ZUMBRUNN 

MARY ROMAN VELARDE (DEC)... 

JOHNNY VARGAS (OBJ)...SHERRI L KASTILAHN 


THIS CASE SET FOR HEARING ON First Account Current. 


1. Accounting period 5/3/09 to 9/30/10. 

2. Assets on hand $130,702.27. 

3. Petitioner is requesting an additional year to close the estate and has requested 

12/14/11 as the hearing date. 


RFA. If approved, set next Accounting Review for 12/14/11. Any accounting to be filed 30 

days prior to hearing. 

(cbr/abs)


Page: 1 



HONORABLE: CYNTHIA LUDVIGSEN PROBATE 

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CASE NAME: JOSEPH HAMM 

HEARING: 

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

under IAEA 

COUNSEL: 

KARIN HEHEMANN (PET)...ANDREA G VAN LEESTEN 

JOSEPH HAMM (DEC)... 


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

authority under IAEA by great uncle. 


1. Mother of decedent nominated petitioner. However, petitioner is a resident of 

Germany. Petitioner is not eligible to serve as personal representative per Pr. C. § 

8402 (a)(4). However, it does not appear that any relatives live in the United 

States. Court may wish to notice Public Administrator for possible appointment. 

2. Petitioner is requesting $150,000 to be placed in a blocked account at Broadway 

Federal Bank in Inglewood. 


Need to clear notes. If approved, set Accounting/Status Review for 02/01/12. Any 

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

(cbr/abs)


Page: 1A 



HONORABLE: CYNTHIA LUDVIGSEN 

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CASE NAME: joseph robert zarate 

HEARING: 

Hearing Re: OSC RE: PROOF OF BOND 

COUNSEL: 

DIANA M TERAN-ZARATE (PET)...BORDEN LAW OFFICE 

JOSEPH ROBERT ZARATE (DEC)... 

LUPE ZARATE (PET)...AARON CHARLES GREGG 





DIANA M TERANZARATE (TP )...BORDEN LAW OFFICE 


Continued from 10/20/10 at request of counsel. 


OSC re Proof of Bond 

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

1. On 9/8/10 the Court confirmed the sale of real property and required additional 

bond in the sum of $23,400. This hearing was set at that time. 

2. Bond posted on 10/22/10. 


Court’s discretion. Bond sufficient. 

(smj/cbr)


Page: 2 




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CASE NAME: MTR OF ROBERT MERLE OSBORN 

HEARING: 

Spousal Property Petition hearing. 

COUNSEL: 

CHAWEEAN OSBORN (PET)...CALDWELL, KENNEDY & PORTER, A. 

ROBERT MERLE OSBORN (DEC)... 


THIS CASE SET FOR HEARING ON Spousal Property Petition 


1. Petitioner (surviving spouse) seeks entire real property left by decedent. Petitioner 

to confirm her half of the community property and acquire decedent’s half. 

2. Petitioner indicates that she and the decedent were married for 13 years. Allegedly 

during the marriage the loan balance of the property was $46,000 and paid off from 

community funds and that petitioner was never added to loan or title because of her 

credit. Question when the real property was purchased and if purchased prior to 

marriage why this would not be a Marsden claim? Need verified supplement and 

copy of vesting deed. 

3. Notice sufficient. 


Need to clear note 2. 

(cbr)


Page: 2A 




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CASE NAME: TRUST OF LOUISE POZZO MISEMER 

HEARING: 

Petition for TO APPOINT SUCCESSOR TRUSTEE, SUPPORTING 

DECLARATIONS OF JASON L. GAUDY & NOMINATIONS 

COUNSEL: 

CYNTHIA GROULX (PET)...JASON L GAUDY 

THE DECLARATION OF TRUST OF LO(TRU)... 


Set via order shortening time per court’s 11/4/10 order. 


Petition to appoint successor trustee. 


1. Petitioner is a beneficiary of the subject trust. She states that a successor 

trustee must be appointed because the current trustee passed away. Copy of 

death certificate provided. 

2. Petitioner states that she has not received payments from the trust since 

trustee’s June 2010 death. 

3. Petitioner attaches signed documents by which the beneficiaries decline to act 

as trustee and nominate the proposed successor, Jason Gaudy, who is attorney 

for petitioner. 

4. Proof of service was filed per the requirements of order shortening time. No 

opposition has been filed as of date of review. 


Court’s discretion. If approved, no future dates need be set. 

(abs)


Page: 3 




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CASE NAME: DONALD H ROSE 

SEE ALSO 4 

HEARING: Hearing Re: STATUS HEARING 

COUNSEL: 

DAMON T ROSE (PET)...SOHEILA AZIZI & ASSOCIATES P C 

SVEN E ROSE (PET)...BRIAN J SIMPSON 

DONALD H ROSE TRUST (TRU)... 

DAMON T ROSE (PET)...PRO/PER 

SVEN E ROSE (OBJ)...BRIAN J SIMPSON 


Continued from 10/13/10. Damon Rose requested appointment of expert to 

forensically audit his father’s trust. Court will allow each side to submit names of 3 

private professional fiduciaries as trustee and each side given copies of the court 

approved list of private professional fiduciaries. Parties will be allowed 1 name 

from the other’s list. Names will be considered on 11/24/10. 

THIS CASE SET FOR HEARING ON Status 


1. On 08/05/10 court ordered counsel to file supplement indicated when Ms. Quay’s 

accounting was filed and what to what pleading is it attached. Need same. 

2. Copies of it are to be submitted to the court and sent to Damon Rose 08/10/10. 

Damon Rose to file his objections to the report re: any discrepancies and 

deficiencies by 09/15/10 and copy of objections served on counsel. Objections 

filed on 09/15/10, with a copy of an accounting attached. Need proof of 

service of objections. 




11/29/10 Hearing Re: COURT TRIAL 

11/29/10 Petition for 2009 TRUST ACCOUNTING BY SVEN ROSE SUCCESSOR TSTEE-11/29/10


Page: 4 




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CASE NAME: DONALD H ROSE 

SEE ALSO 3 

HEARING: 

Readiness Calendar 

COUNSEL: 


DAMON T ROSE (PET)...NOREEN T FONTAINE 


DONALD H ROSE TRUST (TRU)... 






SVEN E ROSE (OBJ)...BRIAN J SIMPSON 

Readiness – no notes. 

FUTURE HEARINGS: 

11/29/10 Hearing Re: COURT TRIAL 

11/29/10 Petition for 2009 TRUST ACCOUNTING BY SVEN ROSE SUCCESSOR 

TSTEE-11/29/10


Page: 4A 




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CASE NAME: WILLIAM HENRY EDWARDS 

SEE ALSO 4B 

HEARING: 

Petition for TERMINATION OF PROCEEDINGS AND DISCHARGE OF 

PERSONAL REPRESENTATIVE ETC 

COUNSEL: 

WILLIAM J EDWARDS (PET)...ZUMBRUNN LAW CORPORATION 

WILLIAM HENRY EDWARDS (DEC)... 

STATE OF CALIFORNIA FRANCHISE (AGN)...PRO/PER 


Continued from 2/10/10 to allow review of late-filed supplement. 

Continued from 3/24/10. Court notes this is not a “no asset” estate under the code; the 

estate had assets which were lost. Matter continued for filing of final statement on 

foreclosure and verify of no surplus from foreclosure sale. 

Continued from 06/24/10, 09/01/10 and 10/20/10 to file final foreclosure statement. 

THIS CASE IS SET FOR HEARING ON Petition to terminate proceedings in no-asset 

estate 


1. Letters issued on 9-17-08, with full IAEA authority and no bond. 

2. Petitioner alleges decedent owned a residence in Apple Valley that had a reverse 

mortgage in excess of $118,000. Petitioner states he attempted to sell the property, 

but found the value was less than $90,000. Ultimately, the property was lost to 

foreclosure. 

3. Petitioner alleges the only other assets of the estate were: an inoperable, older 

vehicle worth less than $500; and, less than $1,300 in bank accounts and refunds 

owed to the estate. Petitioner states the accounts were liquidated and the money 

used to maintain the property, until its sale was deemed improbable. 

4. Franchise Tax Board has filed a creditor’s claim in the amount of $1,718.70. 

Petitioner does not state whether the claim was allowed and paid. Need verified 

supplement. Supp: Not paid as there are no assets.

5. Petitioner waives compensation. 

6. Petitioner agrees to be solely responsible for any reimbursement of costs and 

compensation to the attorney for the estate. 

7. Need to file final statement on foreclosure and verify of no surplus from 

foreclosure sale. Supp: Notice of foreclosure filed indicating the property 

was sold for less than encumbrance. 


Court’s discretion re whether estate qualifies as a no asset estate. 

(smj/cbr/abs/smj/smj/fhl/cbr/smj/cbr)


Page: 4B 




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CASE NAME: WILLIAM HENRY EDWARDS 

SEE ALSO 4A 

HEARING: 

Accounting Review 

COUNSEL: 



STATE OF CALIFORNIA FRANCHISE (AGN)...PRO/PER 




Continued from 11/16/09, 1/4/10, 2/10/10, 3/24/10, 06/24/10, 09/01/10 and 10/20/10 at 

request of counsel. 


Accounting Review 


1. Letters issued on 9/17/09, with full IAEA authority and no bond. 

2. No Accounting filed. 

3. A petition to terminate administer for lack of assets has been filed, see 

previous page. 


See recommendation above. 

(smj/cbr/abs/smj/fhl/cbr)


Page: 5 




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CASE NAME: CORRINE LONDON 

HEARING: 

waiver of Account and Report of VERNA L BARBRE and Petition for 

allowance of fees filed. 

COUNSEL: 

VERNA L BARBRE (PET)...E JOAN NELMS 

CORRINE LONDON (DEC)... 

DEPT OF HEALTH CARE SERVICES (TP )...PRO/PER 


THIS CASE SET FOR HEARING ON Waiver of Account, Final Distribution and Allowance 

of Fees. 


1. Petitioner is sole beneficiary and waives accounting. 

2. Attorney is requesting statutory fees of $4,921.75. Calculated. Petitioner is 

requesting that a lien be placed on the real property for the statutory fees as there 

is no cash in the estate. JTD 

3. Petitioner is requesting that the real property be subject to a lien for the Department 

of Health Services claim of $44,976.14. Need verification of Department of Health 

Services’ acceptance of payment. 


RFA subject to note 3. If approved, court to set hearing on filing receipts and final 

discharge for 11/30/11. 

(cbr)


Page: 6 




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CASE#: VPR VS01074 

CASE NAME: MTR OF ELSPETH AMELIA JOHNSON 

HEARING: 

Motion Re: TO BE RELEVIED AS COUNSEL Filed by Petitioner MARY E 

SMITH 

COUNSEL: 

ELSPETH AMELIA JOHNSON (DEC)... 

MARY E SMITH (PET)...DAVID W BROWN 

D KEVIN PORTER (TP )... 


Continued from 10/20/10 to correct notice issue. 

THIS CASE SET FOR HEARING ON Motion to be Relieved as Counsel 


1. Petitioner is requesting to be removed as counsel due to the personal 

representative has not been cooperating with counsel. 

2. Personal representative, Mary Smith (niece), was appointed 03/19/99, full authority 

no bond. An accounting has never been filed in this matter. In 2001 a status report 

indicated that the assets in the estate were approximately $288,000 (cash). There 

is one other heir, Roberta A. Norton (niece). Court may wish to require notice to 

Roberta to determine if Roberta received her distributive share. Additionally, court 

may wish to appoint Public Administrator to investigate the status of the funds on 

deposit. 



(cbr/smj/cbr) 


6/13/11 Accounting Review


Page: 7 




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DATE: 11/24/10 TIME: 10:30 DEPT: S34P 

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CASE#: CON PS0700134 

CASE NAME: MTR OF ELIZABETH JANE JANISZEWSKI 

HEARING: 

Hearing Re: OSC RE: FAILURE TO APPEAR/FAILURE TO FILE 

COUNSEL: 

KRYSTYNA MARIANI (CPE)...LAW OFFICES OF RIPLEY & ASSC. 

ELIZABETH JANE JANISZEWSKI (CEP)...SHERRI L KAS TILAHN 


On 10/20/10 Court set OSC hearing as there was no appearance or accounting filed. 

Notice given by courtroom clerk. Nothing new filed. 

THIS CASE SET FOR HEARING ON OSC re Failure to Appear/File an Accounting 


1. Court waived all future accountings on 09/10/08. Court rescinded the order on 

09/15/10. 

2. Need accounting. 


Court’s discretion re OSC. 

(cbr)


Page: 8 



HONORABLE: CYNTHIA LUDVIGSEN MISC. 

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CASE#: CON PS0900096 

CASE NAME: LESTER JAMES GRAHAM 

VACATED. 

HEARING: 

Hearing Re: COURT TRIAL RE: OBJECTIONS TO I&A OF CONSERVATOR 

COUNSEL: 

DOROTHY M SMITH-GRAHAM (CPE)...ROBERT D SALISBURY 

LESTER JAMES GRAHAM (CEP)...NOREEN FONTAINE 

LESTER JAMES GRAHAM (CEP)... 

LESTER JAMES GRAHAM (PET)...NOREEN T FONTAINE 

EILEEN T GRAHAM (OBJ)...GARY NAUGHTON 

WALTER GRAHAM (PRO/PER )...PRO/PER 

EILEEN T GRAHAM (GARY NAUGHTON )...GARY NAUG 

WALTER GRAHAM (PRO/PER )...PRO/PER 

FUTURE HEARINGS: 

12/14/10 FIRST / CURRENT Account and Report of DOROTHY M SMITH-GRAHAM and 

Petition for allowance of fees filed.

Calendar date of 11/24/10 ***** - San Bernardino Superior Court

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