Calendar date of 12/08/10 *****

Transcription

1 Calendar date of 12/08/10 All corrections/supplements addressing notes on this calendar should be filed prior to the hearing and no later than 12/01/10. Documents filed after this time may not be reviewed prior to hearing and could result in a continuance of your case. An update to these notes will be posted prior to the hearing. ***** The Probate Examiners can be reached at ProbateNotes@sb-court.org. s 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 S 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

2 Page: 1 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH PROBATE DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: KENYA ELIZABETH DAY SPECIAL NEEDS TRUST Petition for (EXPARTE) FOR INSTRUCTIONS RE: PURCHASE OF VEHICLE LAWRENCE A DEAN II (PET)...SHERRI L KASTILAHN KENYA ELIZABETH DAY SPECIAL NE(TRU)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON (Ex Parte) Petition for Instructions re purchase of vehicle THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Need to file notice of hearing and proof of service. 2. Petitioner, Lawrence Dean, is the trustee of the special needs trust for the benefit of Kenya Day. Petitioner alleges the beneficiary has been able to obtain a drivers license and now wishes to drive herself and needs a vehicle for her college education. Petitioner requests authority to purchase a vehicle for an amount not to exceed $30,000 and to provide the necessary modifications to accommodate the beneficiary s needs. Petitioner attaches documentation re ability to drive but the medical report is inconclusive (see 10/15/10 letter tabbed in file). Court may also wish to require a further medical report re trust beneficiary s ability to drive. 3. Court may wish to appoint Lenita Skoretz (minor s counsel in the guardianship) for a report as to recommendation re vehicle. 4. Petitioner states that the purchase of the vehicle will save approximately $400- $500/month for taxis or other safe modes of transportation at college. 5. Petitioner alleges the current balance of trust assets is $400,000 so there are sufficient assets for the purchase of such vehicle. 6. Note: There is a related guardianship matter (SGSS01779) which has not yet been discharged. The court on 10/22/10, consolidated the guardianship file with this special needs trust file. There is a review date set for 2/9/11 for Mr. Dean to file an amended first and final accounting for the period 6/10/04 6/7/08 (Kenya Day s 18 th birthday).

3 RECOMMENDATION: Need notice. Court may wish to appoint Lenita Skoretz for trust beneficiary and require counsel s report. Court may also wish to require a further medical report re trust beneficiary s ability to drive. (gls)

4 Page: 2 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: GERALD HEINSBERGEN Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA.. JERRI LYNN AMES (PET)...MEDEIROS & ASSOCIATES GERALD HEINSBERGEN (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Probate, Letters Testamentary with Full Authority under IAEA. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Will waives bond. 2. Need proof of publication. RECOMMENDATION RFA subject to note 2, no bond. If approved, set Accounting/Status Review for 02/15/12. Any accounting to be filed 30 days in advance. Note requirements of local rule (cbr)

5 Page: 3 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: SANDY JO HAMMILL Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. LAURIE HOLMAN SANDY JO HAMMILL (PET)...MEDEIROS & ASSOCIATES (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. All heirs waive bond. 2. Section 5 of the notice does not indicate that IAEA powers are being sought. Need corrected Notice to Petition to Administer Estate and proof of service. 3. Need proof of publication. RECOMMENDATION RFA subject to notes 2, 3 and no bond. If approved, set Accounting/Status Review for 02/15/12. Any accounting to be filed 30 days in advance. Note requirements of local rule (cbr)

6 Page: 4 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: KAY LYNNE WALTER Hearing re: Petition for Letters of Administration w/wa W/Full Authority under IAEA. BRADLEY EVAN WALTER (PET)...JENNIFER L. NAGEL KAY LYNNE WALTER (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Letters of Administration with Will Annexed and full authority under IAEA. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner is sole heir and waives bond. 2. Will is not self proving as it is not witnessed under penalty and perjury. Need proof of subscribing witness. 3. Need proof of publication. RECOMMENDATION RFA subject to notes 2, 3 and no bond. If approved, set Accounting/Status Review for 02/15/12. Any accounting to be filed 30 days in advance. Note requirements of local rule (cbr)

7 Page: 5 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: RALPH S NORTON, JR Hearing re: Petition for Letters of Admin. W/ Limited Authority under IAEA TRINA SARUWATARI (PET)...DIANA J CARLONI RALPH S NORTON JR (DEC)... No file available for review

8 Page: 6 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: MARJORIE ANNE WOOD SEE ALSO COMPANION FILE PROPS ON PAGE 8 & PROPS ON PAGE 9. Probate status report filed. KATHRYN A WOOD (PET)...GREGORY L ZUMBRUNN MARJORIE ANNE WOOD (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Status Report. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of Administration issued 12/18/10, full authority $290,000 bond based on assets of same. However, Inventory and Appraisal filed on 09/01/09 indicates $798,000 in assets ($315,000 cash, remainder real property). Court may wish to set OSC re sufficiency of bond. 2. Petitioner is requesting an additional year to close the estate in order to sell the real property. RECOMMENDATION Court s discretion re note 1. If approved, set next Accounting Review for 12/14/11. Any accounting to be filed 30 days prior to hearing. (cbr)

9 Page: 7 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: ALFRED NAVOR Accounting Review MARIA DEL ROSARIO VASQUEZ (PET)...RONALD W ASK ALFRED NAVOR (DEC)... THERESA MANTZ (PET)...PRO/PER CHRIS ESTRADA (OBJ)...CRAIG M PARKER MARIA VASQUEZ (RONALD W ASK )...RONALD W GENERAL INFORMATION Continued from 08/26/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Accounting/Status Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Letters Testamentary issued 11/12/09 (full authority, no bond) 2. No accounting/status report is filed. Need same. 3. No Inventory and Appraisal is filed. Need same. RECOMMENDATION: Find out status. When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (gls/cbr)

10 Page: 8 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: CHARLES IVAN MAZUR SEE ALSO COMPANION FILE PROPS ON PAGE 6 & PROPS ON PAGE 9. WAIVER OF Account and Report of KATHRYN A WOOD and Petition for allowance of fees filed. KATHRYN A WOOD (PET)...ZUMBRUNN LAW CORPORATION CHARLES IVAN MAZUR (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Waiver of Account, Final Distribution and Allowance of Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner, personal representative and personal representative for deceased heir Betty Booth, waives accounting. 2. Petitioner is requesting statutory compensation of $3, Calculated. As the estate consists of only real property, the statutory fees are being requested as a lien against the property. 3. Attorney is requesting statutory fees of $3, Calculated. As the estate consists of only real property, the statutory fees are being requested as a lien against the property. RECOMMENDATION RFA. If approved, court to set hearing on filing receipts and final discharge for 12/14/11. (cbr)

11 Page: 9 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: BETTY ANNE BOOTH SEE ALSO COMPANION FILE PROPS ON PAGE 6 & PROPS ON PAGE 8. WAIVER OF Account and Report of KATHRYN A WOOD and Petition for allowance of fees filed. KATHRYN A WOOD BETTY ANNE BOOTH (PET)...ZUMBRUNN LAW CORPORATION (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Waiver of Account, Final Distribution and Allowance of Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner, personal representative and personal representative for deceased heir Marjorie Wood, waives accounting. 2. Petitioner is requesting statutory compensation of $7, Calculated. As the estate consists of only real property, the statutory fees are being requested as a lien against the property. 3. Attorney is requesting statutory fees of $7, Calculated. As the estate consists of only real property, the statutory fees are being requested as a lien against the property. RECOMMENDATION RFA. If approved, court to set hearing on filing receipts and final discharge for 12/14/11. (cbr)

12 Page: 10 HONORABLE: J MICHAEL WELCH CONSERVATORSHIP DATE: 12/08/10 TIME: 10:30 DEPT: S33P CASE#: CON PS CASE NAME: NORMAN DIETZ Accounting Review PUBLIC GUARDIAN (CPE)...COUNTY COUNSEL NORMAN DIETZ (CEP)... KENNETH GARY DUNCAN (CPE)...JACK B OSBORN PUBLIC GUARDIAN (PET)...COUNTY COUNSEL NORMAN DIETZ (PCE)...J. DAVID HORSPOOL GENERAL INFORMATION Continued from 12/03/08, 7/8/10, 9/30/10 and 11/04/10 at request of counsel. Nothing new filed. THIS CASE IS SET FOR HEARING ON Accounting review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Conservatorship of the person and estate was granted on 4/27/09, $75,000 bond. 2. Need accounting. RECOMMENDATION When an accounting is not filed as required, the court shall take action as specified in Pr.C (fhl/gls/cbr)

13 Page: 11 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 10:30 DEPT: S33P CASE#: CON PS CASE NAME: BEATRICE ALBERTS Accounting Review BERNADETTE A MULLINS (CPE)...RICHARD NEVINS BEATRICE ALBERT (CEP)...ROBERTA L TAYLOR RAYMOND ALBERT SR (CPE)...ROBERT G MCCOY & ASSOCIATES, P SANDRA ALBERT (CPE)...ROBERT G MCCOY & ASSOCIATES, P RAYMOND ALBERT (PET)...ROBERT G MCCOY & ASSOCIATES, P RAYMOND ALBERT JR (CPE)...ROBERT G MCCOY & ASSOCIATES, P GENERAL INFORMATION THIS CASE SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Bernadette Mullins appointed Conservator of the person and estate on 12/02/09, $30,000 bond. 2. Need accounting. RECOMMENDATION Inquire status. Court may wish to trail 1/20/11 matters. (cbr) FUTURE HEARINGS: 1/20/11 Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of BERNADETTE A MULLINS 1/20/11 Motion Re: TO BE RELIEVED AS COUNSEL Filed by Petitioner RAYMOND ALBERT SR 1/20/11 Petition for AUTH TO PROSECUTE PROBATE CODE 850 & AUTH DIRECTING TRANSFER OF PERSONAL PROPERTY

14 1/20/11 Readiness Calendar 1/20/11 Petition for TERMINATION REMOVAL OF CONSERVATORSHIP 1/20/11 Petition for APPT OF CONSERVATOR OF THE PERSON AND ESTATE 1/20/11 Petition for APPOINTMENT OF TEMPORARY CONSERVATOR 8EX PARTE* 1/24/11 Court Trial set for PETIITON FOR CONSERVATORSHIP of BERNADETTE A MULLINS 1/24/11 Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of BERNADETTE A MULLINS 1/24/11 Motion Re: TO BE RELIEVED AS COUNSEL Filed by Petitioner RAYMOND ALBERT SR 1/24/11 Petition for AUTH TO PROSECUTE PROBATE CODE 850 & AUTH DIRECTING TRANSFER OF PERSONAL PROPERTY 1/24/11 Petition for TERMINATION REMOVAL OF CONSERVATORSHIP 1/24/11 Petition for APPT OF CONSERVATOR OF THE PERSON AND ESTATE 1/24/11 Petition for APPOINTMENT OF TEMPORARY CONSERVATOR 8EX PARTE*

15 Page: 12 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 10:30 DEPT: S33P CASE#: CON PS CASE NAME: ESTABAN CAMACHO SIMENTAL Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of LUISA SIMENTAL LUISA SIMENTAL (CP )...JOHNWILLY ESTABAN CAMACHO SIMENTAL (CTP)... GENERAL INFORMATION Continued from 08/04/10. Counsel and Conservator to be present at next hearing. Continued from 09/15/10 and 10/27/10. Roberta Taylor relieved as counsel on 09/15/10. No appearance at 10/27/10 hearing. Notice given by courtroom clerk. THIS CASE SET FOR HEARING ON Compliance Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Court appointed conservator of the person only on 12/30/ Need proof of service of a copy of the Order for Conservatorship with Notification of Conservatee s rights per Pr.C. 1830(c). 3. Need Statement of Care Plan in accord with Pr.C Six month Court Investigator report filed. RECOMMENDATION When documents are not filed as ordered, court may set a hearing in accord with Pr.C (cbr)

16 Page: 13 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 10:30 DEPT: S33P CASE#: SC SS02736 CASE NAME: MTTR OF WAYNE ALLAN DORRANCE Accounting Review ARLENE DEYOUNG (CPE)...HARTNELL HORSPOOL & FOX WAYNE ALLAN DORRANCE (CEP)...LENITA A SKORETZ ARLENE DEYOUNG (PET)...HARTNELL, LISTER & MOORE GENERAL INFORMATION Continued from 3/15/10, 5/3/10, 7/8/10 and 9/30/10 at request of counsel. Continued from 11/04/10. Arlene DeYoung to personally be present at next hearing. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. On 3/16/09 Court approved the 2 nd Waiver of account; 3 rd accounting now due covering the period 1/5/08 1/4/ No accounting or waiver of account filed. RECOMMENDATION: When an accounting is not filed as required, the court shall take action as specified in Pr.C (kra/fhl/gls/cbr)

17 Page: 14 HONORABLE: J MICHAEL WELCH MISC. DATE: 12/08/10 TIME: 1:30 DEPT: S33P CASE#: MC MS00169 CASE NAME: CONSERVATORSHP OF JOSEPH M. DURAN SEE ALSO 15 & 16 Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of KAREN L KOMOROWSKI KAREN L KOMOROWSKI (PET)...PRO/PER COURT INVESTIGATOR- CONSERVATO(AGN)... JESSICA L DURAN (SC )...PRO/PER JOSEPH DURAN (CEP)... JOSEPH M DURAN (CEE)...MARK S MAHONEY JESSICA DURAN (PRO/PER )...PRO/PER GENERAL INFORMATION continued from At the time of the 8-22 hearing the court received an oral report from Attorney Mahoney. Court ordered Karen Komorowski to file a care plan. Court ordered that Jessica Duran could pick up Joseph and return him to Karen by 1pm on Jessica has now filed a declaration. Continued from Court-appointed counsel suggests matter remain the same until receipt of evaluation in April. Jessica Duran states she will be filing a petition to terminate and petition to be appointed successor conservator. Continued from 04/07/09, and Status quo to remain. Continued from 05/25/10. IRC to complete an evaluation and report. Continued from 09/28/10. THIS CASE SET FOR HEARING ON Compliance Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Court appointed conservator of the person on 03/04/ Need proof of service of a copy of the Order for Conservatorship with Notification of Conservatee s rights per Pr.C. 1830(c). 3. Court to see Court Investigator Special Report filed on 08/26/ Need IRC report as directed by court on 05/25/10. Letter received by Inland Valley Regional Center on 09/27/10.

18 RECOMMENDATION Need to clear notes 2 & 4. (cbr/nmt/vet/cbr///vet/cbr)

19 Page: 15 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 1:30 DEPT: S33P CASE#: MC MS00169 CASE NAME: CONSERVATORSHP OF JOSEPH M. DURAN SEE ALSO 14 & 16 Petition for APPOINTMENT OF SUCCESSOR CONSERVATOR OF PERSON AND ESTATE BY JESSICA L. DURAN KAREN L KOMOROWSKI (PET)...PRO/PER COURT INVESTIGATOR- CONSERVATO(AGN)... JESSICA L DURAN (SC )...PRO/PER JOSEPH DURAN (CEP)... JOSEPH M DURAN (CEE)...MARK S MAHONEY JESSICA DURAN (PRO/PER )...PRO/PER GENERAL INFORMATION: Continued from 05/25/10 and 09/28/10. Court ordered Karen Komorowski to personally appear at next hearing. Notice given by courtroom clerk THIS CASE IS SET FOR HEARING ON Petition for Appointment of Successor Conservator, person and estate, by mother. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Petitioner requests bond not be required because proposed conservator is the mother of conservatee. This is not a legal basis for waiver of bond. However, as section 3(e) of the petition re: the character and estimated value of the property of the estate is incomplete, therefore, an estimated bond amount cannot be projected. Need verified supplement to complete bond issue. Supp: Petitioner indicates conservatee s estate consist of $500 in personal property and $845/month in SSI. However, as petitioner is a non-resident, Court could require bond per Pr.C Suggest minimum bond of $20,000. JTD. 2. Section 5(c) of the petition re request for conservatorship of the estate does not provide supporting facts which reflects conservatee s substantial inability to manage his financial resources or to resist fraud or undue influence. Need verified

20 supplement. Supp: does not indicate supporting facts for request. Need same. 3. Conservatee is developmentally disabled. Need updated report of court-appointed counsel, Mark Mahoney. Declaration of counsel filed on 09/28/ Petitioner seeks orders limiting conservatee s civil and legal rights under Pr.C , specifically, the right to make decisions as to conservatee s choice of residence, access to confidential records, consent to marriage, to contract and decisions concerning education. 5. Petitioner seeks medical powers. Medical Capacity Declaration filed in support. 6. Need Duties of Conservatorship Form. 7. New CI report filed 5/20/10 and 05/25/10 re this petition. 8. Conservatee is a client of IRC. Last report filed Letter received by Inland Valley Regional Center on 09/27/ NOTE: Petitioner has filed a Petition for Removal of Conservator, see next matter # Declaration filed by Jessica Duran alleging that she made every attempt to contact Karen Komorowski (Conservator) to drop off the Conservatee into Karen s care (tabbed) see next matter. RECOMMENDATION: Court to address next matter prior to ruling on this matter, then need to clear notes. If approved, set hearing for Compliance Review for 07/13/11 for filing proof of service of Order with Notification of Conservatee s rights; Care Plan; Final Inventory & Appraisal; proof of service of I&A to include Instructions for Objection; and recordation of letters if applicable. Set hearing re Accounting Review for 02/15/12. Any accounting to be filed 30 days in advance. (vet/vet/cbr)

21 Page: 16 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 1:30 DEPT: S33P CASE#: MC MS00169 CASE NAME: CONSERVATORSHP OF JOSEPH M. DURAN SEE ALSO 14 & 15 Petition for REMOVAL OF CONSERVATOR KAREN L KOMOROWSKI (PET)...PRO/PER COURT INVESTIGATOR- CONSERVATO(AGN)... JESSICA L DURAN (SC )...PRO/PER JOSEPH DURAN (CEP)... JESSICA DURAN (PRO/PER )...PRO/PER GENERAL INFORMATION: Continued from 05/25/10 and 09/28/10. Court ordered Karen Komorowski to personally appear at next hearing. Notice given by courtroom clerk. THIS CASE IS SET FOR HEARING ON Removal of Conservator THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner, Jessica L. Duran, is the biological mother of the conservatee. Petitioner alleges that the services of the current conservator, Karen Komorowski (grandmother) are no longer required due to her incapacity to perform her duties suitably by no longer being fully capable of caring for the conservatee due to her age and medical infirmity. 2. Petitioner proffers Exhibit 2 (tabbed) as to facts showing cause for removal. Petitioner has relocated and set up residence in Ohio, asserts she is ready and capable of caring for conservatee and can offer the extra care required of a Downs Syndrome patient. Petitioner maintains it is in the best interest of the conservatee to remove the current conservator and re-locate conservatee as conservator is no longer capable of fully caring for conservatee. 3. NOTE: Petitioner has filed a Petition for Appointment of Successor Conservator, person and estate, on 04/07/10. See previous matter.

22 4. Need receipt of evaluation from conservatee s school as suggested by Attorney Mahoney and reflected on minute order dated Declaration filed by petitioner with evaluations attached (tabbed). JTD if sufficient. 5. No objections as of the review of this file. RECOMMENDATION: Court s discretion. (vet/vet/cbr)

23 Page: 17 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 1:30 DEPT: S33P CASE#: RPR RS02383 CASE NAME: THE RAFAEL HERNANDEZ TRUST SEE ALSO 18 OUT FOR READINESS ON 12/02/10. Court Trial set for PETITION FOR PROBATE of WELLS FARGO BANK, N.A. WELLS FARGO BANK, N.A. (PET)...FARMER & RIDLEY RAFAEL HERNANDEZ SPECIAL NEEDS(DEC)... OBO MINOR CHILDREN (MIN)...DONNASUE SMITH-ORTIZ RAFAEL HERNANDEZ (MIN)...DONNASUE SMITH-ORTIZ OBO MINOR CHILDREN (PET)...DONNASUE SMITH-ORTIZ THE RAFAEL HERNANDEZ SPECIAL N(TRU)... LUIS HERNANDEZ (BEN)...ARTHUR GUTIERREZ LONGORIA WELLS FARGO BANK NA (PET)...FARMER & RIDLEY RAFAEL HERNANDEZ (PET)...DONNASUE SMITH-ORTIZ WELLS FARGO BANK N.A. (PET)...FARMER & RIDLEY THE RAFAEL HERNANDEZ SPECIAL N(TRU)... LUIS HERNANDEZ (PET)...ARTHUR GUTIERREZ LONGORIA RAFAEL HERNANDEZ SPECIALNEEDS (TRU)... WELLS FARGO BANK NA (TEE)...FARMER & RIDLEY LETICIA MOLINA (SUSAN FARRIS FOY )...SUSAN FAR Trial No notes

24 Page: 18 HONORABLE: J MICHAEL WELCH DATE: 12/08/10 TIME: 1:30 DEPT: S33P CASE#: RPR RS02383 CASE NAME: THE RAFAEL HERNANDEZ TRUST SEE ALSO 17 FOURTH Account and Report of WELLS FARGO BANK, N.A. and Petition for allowance of fees filed. WELLS FARGO BANK, N.A. (PET)...FARMER & RIDLEY RAFAEL HERNANDEZ SPECIAL NEEDS(DEC)... OBO MINOR CHILDREN (MIN)...DONNASUE SMITH-ORTIZ RAFAEL HERNANDEZ (MIN)...DONNASUE SMITH-ORTIZ OBO MINOR CHILDREN (PET)...DONNASUE SMITH-ORTIZ THE RAFAEL HERNANDEZ SPECIAL N(TRU)... LUIS HERNANDEZ (BEN)...ARTHUR GUTIERREZ LONGORIA WELLS FARGO BANK NA (PET)...FARMER & RIDLEY RAFAEL HERNANDEZ (PET)...DONNASUE SMITH-ORTIZ WELLS FARGO BANK N.A. (PET)...FARMER & RIDLEY THE RAFAEL HERNANDEZ SPECIAL N(TRU)... LUIS HERNANDEZ (PET)...ARTHUR GUTIERREZ LONGORIA RAFAEL HERNANDEZ SPECIALNEEDS (TRU)... WELLS FARGO BANK NA (TEE)...FARMER & RIDLEY LETICIA MOLINA (SUSAN FARRIS FOY )...SUSAN FAR No file available for review

25 Page: 1 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN PROBATE DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: IVA MAE BEAN SEE ALSO 2 Hearing Re: OSC RE: SURCHARGE PATRICK C CHURCH IVA MAE BEAN (PET)...DAVID E JACOBS (DEC)... GENERAL INFORMATION: Continued from 8/31/10 and 09/28/10 at request of Counsel Jacobs. THIS CASE IS SET FOR HEARING ON O.S.C. re: Surcharge THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Matter set at Petition to Compel Accounting hearing held on 06/28/10, wherein an order requiring an accounting was issued. Court to require accounting before deciding the surcharge issue. 2. Petitioner believes decedent s assets include vehicles, bank accounts, life insurance, gold coins, jewelry and other personal property. Petitioner alleges that but for $10,000 received on 10/01/05, Jeffrey Church has refused to provide an accounting and continues to treat decedent s assets as his own to the exclusion of petitioner. Require accounting as surcharge amount cannot be ascertained without appraisal of specific property and/or accounting. 3. Petitioner alleges decedent died owning real property in Yucca Valley with interest as a joint tenant along with petitioner and Jeffrey Church, and that an Affidavit of Death of Joint Tenant has been filed leaving the property to petitioner and Jeffrey Church. Petitioner alleges he has signed a new Grant Deed removing the property from joint tenancy and requests the Court appoint a receiver to take possession of the subject property and order this property to be partitioned by sale. JTD.

26 4. Petitioner requests the Court surcharge Jeffrey Church for the value of the property and impose damages at twice the value per Pr. C. 859 RECOMMENDATION: Court to require an accounting then set for evidentiary hearing. (/cbr)

27 Page: 2 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: IVA MAE BEAN SEE ALSO 1 Accounting Review PATRICK C CHURCH IVA MAE BEAN (PET)...DAVID E JACOBS (DEC)... GENERAL INFORMATION: Continued from 8/31/10 and 09/28/10 at request of counsel Jacobs. Need accounting. No accounting filed. THIS CASE IS SET FOR HEARING ON Accounting Review (re: Jeffrey Church) THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petition to Compel Accounting granted on 06/28/10. Court ordered Jeffrey Church to file accounting by 07/30/10 and appear at this hearing. 2. No accounting or status report of administration filed. RECOMMENDATION: When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (vet/smj/cbr)

28 Page: 3 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: TAMMY TOMOKO RIGGAN Petition for TO DETERMINE TITLE AND TO REQUIRE TRANSFER OF PERSONAL PROPERTY TO ESTATE AND FOR DAMAGES ETC DIANNA DOLTAR (PET)...JACK B OSBORN TAMMY TOMOKO RIGGAN (DEC)... GAIL PORTER (RES)...GEORGE L. MARTIN GENERAL INFORMATION Continued from 09/08/10 at request of counsel. Objections to be filed by Gail Porter. THIS CASE SET FOR HEARING ON Petition to Determine Title and Require Transfer of Personal Property to Estate for Damages etc. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner is the personal representative. Petitioner states that Gail Porter, an acquaintance of decedent who later became power of attorney, allegedly did the following prior to decedent s death: a. Procured a signature from the decedent on an Internet Law Will and Testament whereby the will gifted Gail $15,000. Question how petitioner knows there is a will and if she knew there was a will? Supp: Petitioner alleges that they belief there was an internet law will that was later revoked. b. Petitioner alleges decedent drafted a Living Trust whereby the will was revoked and a residue of the estate after payment to decedent s brother would go to Gail. However, trust was allegedly never funded which would make the trust invalid. Thus, question if the will or trust is the operative document? Supp: Petitioner states no assets were transferred into the trust and whether the will or trust is valid is subject to discovery. It appears the trust is invalid.

29 c. Approximately two weeks prior to decedent s death Gail obtained $78,700 as power of attorney from the decedent s accounts and placed the funds into her own accounts. d. Paid herself $20,000 as a gift that decedent allegedly said she could have. Need copy of check as to whether Gail or the decedent wrote the check. Supp: Petitioner states she does not yet have a copy of the check. e. Received money as a gift prior to decedent s death and does not intend to return the funds. f. Liquidated contents of the decedent s home with most contents going to Gail and only has $38, left of the decedent s money. Question if this is the balance of the $78,700. Supp: Petitioner confirmed that $38, is left. It appears approximately $40,000 has been spent down. 2. Question if petitioner has knowledge of when the power of attorney was executed, with what powers, and at what point was the alleged will executed? Need verified supplement. Supp: Petitioner states this matter is pending discovery. 3. Petitioner is requesting the following: a. Compensatory and punitive damages for oppression, financial elder abuse, malice, fraud and attorney s fees. b. An accounting per Pr. C for attorney in fact. RECOMMENDATION It appears additional time is needed for discovery; set for evidentiary hearing. (cbr/abs/cbr) FUTURE HEARINGS: 9/19/11 Accounting Review

30 Page: 4 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: STEPHEN EUGENE CLEMONS SEE ALSO 5 & 6 Petition for ORDER SETTING ASIDE DEEDS LISA CLEMONS (PET)...EDWARD H STONE STEPHEN EUGENE CLEMONS (DEC)... RONDA CLEMONS (PET)...BORIS SIEGEL RENEE CLEMONS (PET)...BORIS SIEGEL MICHELLE BLAIR (PET)...BORIS SIEGEL STEPHEN EUGENE CLEMONS (DEC)... CHRISTINA E TAUBE (TA )...BORIS SIEGEL CHRISTINA E TAUBE (PET)...BORIS SIEGEL RONDA CLEMONS (CON)...BORIS SIEGEL MICHELLE BLAIR (BORIS SIEGEL )...BORIS SIE PAUL IKEGAMI (BEST BEST & KRIEGER )...BEST BEST BEN IKEGAMI (BEST BEST & KRIEGER )...BEST BEST Currently under review by legal research

31 Page: 5 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: STEPHEN EUGENE CLEMONS SEE ALSO 4 & 6 Petition for LETTERS OF ADMINISTRATION BY RONDA CLEMONS, RENEE CLEMONS, MICHELLE BLAIR LISA CLEMONS (PET)...EDWARD H STONE STEPHEN EUGENE CLEMONS (DEC)... RONDA CLEMONS (PET)...BORIS SIEGEL RENEE CLEMONS (PET)...BORIS SIEGEL MICHELLE BLAIR (PET)...BORIS SIEGEL STEPHEN EUGENE CLEMONS (DEC)... CHRISTINA E TAUBE (TA )...BORIS SIEGEL CHRISTINA E TAUBE (PET)...BORIS SIEGEL RONDA CLEMONS (CON)...BORIS SIEGEL MICHELLE BLAIR (BORIS SIEGEL )...BORIS SIE PAUL IKEGAMI (BEST BEST & KRIEGER )...BEST BEST BEN IKEGAMI (BEST BEST & KRIEGER )...BEST BEST Currently under review by legal research (abs/cbr)

32 Page: 6 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: STEPHEN EUGENE CLEMONS SEE ALSO 4 & 5 Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA.. LISA CLEMONS (PET)...EDWARD H STONE STEPHEN EUGENE CLEMONS (DEC)... RONDA CLEMONS (PET)...BORIS SIEGEL RENEE CLEMONS (PET)...BORIS SIEGEL MICHELLE BLAIR (PET)...BORIS SIEGEL STEPHEN EUGENE CLEMONS (DEC)... CHRISTINA E TAUBE (TA )...BORIS SIEGEL CHRISTINA E TAUBE (PET)...BORIS SIEGEL RONDA CLEMONS (CON)...BORIS SIEGEL MICHELLE BLAIR (BORIS SIEGEL )...BORIS SIE PAUL IKEGAMI (BEST BEST & KRIEGER )...BEST BEST BEN IKEGAMI (BEST BEST & KRIEGER )...BEST BEST Currently under review by legal research

33 Page: 7 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: PATSY ANN ECHWALD Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA.. YVONNE ELISE BAUMANN (PET)...HOLCOMB & HOWE PATSY ANN ECHWALD (DEC)... GENERAL INFORMATION: Continued from 9/30/10 and 11/03/10. THIS CASE IS SET FOR HEARING ON Petition for Probate of Will and for Letters Testamentary with full authority under IAEA THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Will waives bond. 2. Proof of publication filed. However, incorrect notice of petition was published. Need corrected publication indicating request that decedent s will be admitted to probate. RECOMMENDATION: RFA subject to note 2, no bond. If approved, set hearing for Accounting/Status Review on 02/15/12. Any accounting to be filed 30 days in advance. Note Local Rule requirements. (gls/abs/smj/cbr)

34 Page: 8 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: ANDREW C. PAPPAMIHIEL Petition to determine succession to Real Property CAROLYN J. PAPPAMIHIEL (PET)...GREGORY L ZUMBRUNN ANDREW C. PAPPAMIHIEL (DEC)... GENERAL INFORMATION Continued from 11/03/10. THIS CASE SET FOR HEARING ON Petition to Determine Succession to Real Property THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioners are requesting 100% interest in the real property of the decedent to be held individually and as trustees for Doria Pappamihiel. However, the petition indicates Carolyn Pappamihiel (surviving spouse) as well individually and does not include Doria as an individual as the will states. Need amended petition indicating Elaine, Constantia and Doria individually and Elaine and Constantia as trustees for Doria. Supp: Petitioner alleges that the title to the petition is correct. However, if Elaine and Constantia are to be trustees for Doria, the title shall reflect that. As to the share for Carolyn, see note Petitioners appear to be requesting 1/3 to surviving spouse Carolyn; however, the will does not distribute any property to Carolyn. Need points and authorities further explaining such distribution. Supp: Petitioner alleges that the Maryland probate is the basis on which the surviving spouse is seeking 1/3 of the real property. However, the will does not provide for the spouse, even though the will mentions that Carolyn is the surviving spouse. Question if petitioners are assigning a portion of the estate to Carolyn? Additionally, question what documents from the Maryland probate provide for Carolyn? Or, is Carolyn proceeding on the basis of being an omitted spouse from the Will? Need verified supplement. RECOMMENDATION Need to clear notes. (cbr)

35 Page: 9 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: MTR OF BRIAN AVERY BOSTIC Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. CHARLESTEEN LAURIE BOSTIC (PET)...PRO/PER BRIAN AVERY BOSTIC (DEC)... GENERAL INFORMATION Continued from 11/03/10. Guardian Ad Litem appointed for minors Aubri and Solomon. THIS CASE IS SET FOR HEARING ON Petition for letters of administration, full authority, by surviving spouse. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED 1. Need proof of publication. 2. Need Notice of Petition to Administer with proof of service. 3. Petitioner waives bond. Guardian Ad Litem appointed for minors (ages 4 and 9). RECOMMENDATION Need to clear notes, court s discretion re bond. If approved, set accounting review for 02/15/12. Accounting to be filed at least 30 days prior. Note Local Rule re filing of bank/investment statements. (smj/cbr)

36 Page: 10 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: MAMIE HELEN PICKARD Petition to determine succession to Real Property BARBARA K. SMITH (PET)...DEBRA S POPINEAU MAMIE HELEN PICKARD (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition to Determine Succession to Real Property THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner is requesting 100% interest in the decedent s real and personal property. Petitioner s two siblings assigned their interest to petitioner. 2. Notice sufficient. RECOMMENDATION RFA. (cbr)

37 Page: 11 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: JAMES CHRISTOPHER WHEELER Hearing re: Petition for Letters of Admin. W/ Limited Authority under IAEA MARY E. WHEELER (PET)...LAMB MORRIS & LOBELLO JAMES CHRISTOPHER WHEELER (DEC)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Letters of Administration with limited authority under IAEA by mother. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner is requesting bond of $10,000. However, minimum bond is $20,000. Court may wish to require bond of $20, Need proof of publication. 3. Need notice to custodian of minor Connor per California Rule of Court 7.51(d). RECOMMENDATION RFA subject to notes 2, 3 and $20,000 bond. If approved, set Accounting/Status Review for 02/15/12. Any accounting to be filed 30 days in advance. Note requirements of local rule (cbr)

38 Page: 12 San Bernardino District - Civil HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS CASE NAME: RALPH CHARLES BIELSKI TRUST Petition for TO APPOINT SUCCESSOR TRUSTEE AND PETITION TO TERMINATE TRUST GARY SMITH (PET)...CALDWELL, KENNEDY & PORTER, A. RALPH CHARLES BIELSKI TRUST (TRU)... GENERAL INFORMATION THIS CASE SET FOR HEARING ON Petition for Appointment of Successor Trustee and Petition to Terminate Trust. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner is a beneficiary under the Testamentary Trust created by the will of Ralph Charles Bielski on 07/05/1949. On 07/31/01, Wells Fargo Bank resigned as first Successor Trustee and Roger Latham was appointed as second Successor Trustee. 2. Petitioner, Gary Smith, is requesting to be appointed third successor trustee. In July 2010, second Successor Trustee Roger Latham died and a vacancy was created. The instrument does not name a person to be appointed when there is a vacancy. All the beneficiaries have nominated petitioner to act as Successor Trustee. 3. Petitioner is requesting to terminate the trust per Pr. C All beneficiaries have signed consents to terminate the trust as well as waivers of account. 4. Need notice of hearing and proof of service. RECOMMENDATION Need notice. (cbr)

39 Page: 13 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: MTR OF JOSHUA HERBERT BONNER JR Accounting Review ELAINE BONNER-TOMPKINS (PET)...PAMELA LEGGETT COOKE JOSHUA HERBERT BONNER JR (DEC)... HELEN ESTHER BONNER (PET)...DAVID & TURNER HELEN E BONNER (PET)...DAVID & TURNER ELAINE BONNER-TOMPKINS (PET)...DAVID & TURNER HELEN E BONNER (PET)...DAVID & TURNER ELAINE BONNER-TOMPKINS (PET)...DAVID & TURNER HELEN ESTHER BONNER (OBJ)...DAVID & TURNER GENERAL INFORMATION Continued from 2/24/10. Attorney Turner reports that the property sold; that the 2006 tax bill is being paid; that final accounting should be done in 60 days. Continued from 06/02/10 and 09/22/10 at request of Ms. Turner. Accounting is 75 % to 95% complete. Nothing new filed. THIS CASE IS SET FOR HEARING ON Accounting review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. At 10/14/09 hearing on probate status report, counsel reported that second house should close in days. Counsel to file final accounting and petition for distribution by 1/24/ Need final accounting / petition for final distribution. RECOMMENDATION When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (Abs/gls/cbr)

40 Page: 14 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: HARRY L. CLARK JR. Accounting Review (Final Discharge) GAYLE DELORES JUAREZ (PET)...DIXIE J ALLISON HARRY L CLARK JR (DEC)... GENERAL INFORMATION Continued from 10/20/10 at request of counsel. THIS CASE SET FOR HEARING ON Final Discharge THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Matter appears to have been inadvertently calendared for Accounting Review and appears to on for final discharge rather than Accounting Review. 2. Final Distribution approved on 10/14/09. Need order. 3. Need receipts. 4. Need Ex Parte Petition for Final Discharge and Order. RECOMMENDATION Inquire status. When receipts or final discharge order are not filed as ordered, court may set a hearing in accord with Pr.C (cbr)

41 Page: 15 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: ROBERT WHITNEY BALCHIN CURRENT Account and Report of SANDRA SMITH and Petition for allowance of fees filed. SANDRA SMITH (PET)...CLEMENT H JACOMINI ROBERT WHITNEY BALCHIN (DEC)... GENERAL INFORMATION Continued from 11/03/10. Need to clear notes. THIS CASE SET FOR HEARING ON First Account Current. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Assets on hand $30,000 in real property. Need accounting period stated. 2. Schedules C and D not attached. Need same. 3. Need notice of hearing and proof of service. RECOMMENDATION Need to clear notes. If approved, set next Accounting Review for 06/08/11. Any accounting to be filed 30 days prior to hearing. (cbr)

42 Page: 16 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: MARIA ANNA SCHULTZE SEE ALSO 17 & 18 Hearing Re: OSC RE: SUSPENSION OF POWERS LUCIEN SCHULTZE (PET)...JANET M HERRING MARIA ANNA SCHULTZE (DEC)... GENERAL INFORMATION On 11/03/10 Court set OSC hearing as there was no appearance by personal representative or final Inventory and Appraisal or accounting filed. Notice given by courtroom clerk. Nothing new filed. THIS CASE SET FOR HEARING ON OSC re Suspension of Powers. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. No appearance made by petitioner at 11/03/10. Counsel alleges that she is unable to contact her client. If counsel can not locate personal representative, refer matter to Public Administrator. 2. Need to clear Inventory and Appraisal matter. 3. Need accounting. RECOMMENDATION Court s discretion. (cbr)

43 Page: 17 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: MARIA ANNA SCHULTZE SEE ALSO 16 & 18 Hearing re: Inventory and appraisal LUCIEN SCHULTZE (PET)...JANET M HERRING MARIA ANNA SCHULTZE (DEC)... GENERAL INFORMATION Continued from 8/6/08, 11/12/08, 4/1/09, and Attorney Herring to submit a declaration re: withdrawal for funeral expenses with receipts and an amended I & A. Continued from 08/19/09, 10/07/09, 05/26/10, 6/30/10, 08/18/10 and 11/03/10 at request of counsel. Counsel reported that she is unable to contact her client, but believes he is staying in Alaska. THIS CASE IS SET FOR HEARING ON Hearing re I&A. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of administration issued 1/23/08, full authority no bond. 2. Partial I&A filed. Need Final I&A. Also, issues: a. Bank statement for Desert Community Bank acct X0912 do not match date of death balances in I&A (DOD 1/27/07 and balance from 1/31/07 was used when there are transactions between those two dates). Note that there was a $10,000 withdrawal on 1/30/07, three days after death but before balance used on I&A. Will need Corrected I&A inventorying the previous higher balance then address the $10,000 withdrawal in the accounting. Does court also wish to set OSC re return of estate funds? Update: Need amended I&A and declaration re: withdrawal for funeral expenses. b. Copy of passbook provided for World Savings account X8422 when a bank statement is needed (and it is not clear that date of death balance was used).

44 RECOMMENDATION Need to clear notes. When an inventory and appraisal is not filed as ordered, the court may set hearing in accord with Pr. C and/or (gls/abs/vet/cbr/fhl/cbr)

45 Page: 18 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: MARIA ANNA SCHULTZE SEE ALSO 16 & 17 Accounting Review LUCIEN SCHULTZE (PET)...JANET M HERRING MARIA ANNA SCHULTZE (DEC)... GENERAL INFORMATION Continued from 05/26/10, 6/30/10, 08/18/10 and 11/03/10 at request of counsel. Counsel reported that she is unable to contact her client, but believes he is staying in Alaska. THIS CASE SET FOR HEARING ON Accounting Review/Status. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of administration issued 1/23/08, full authority no bond. 2. Need accounting or status report. RECOMMENDATION When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (cbr/fhl/cbr)

46 Page: 19 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: TRACY KING EVANS (MASTER FILE) Accounting Review VIVIAN EVANS TRACY KING EVANS VIVIAN EVANS CINDY FRANKLIN (PET)...DENISE M. TESSIER-GLUZERMAN AT (DEC)... (PET)...DENISE M. TESSIER-GLUZERMAN AT (DEF)...PRO/PER GENERAL INFORMATION: Continued from 12/2/09. Court ordered accounting filed by 1/4/10. Continued from 2/3/10. Counsel may be directed to prepare accounting. Continued from 04/28/10. Post-trial settlement agreement with Cindy Franklin to be filed next week. Matter continued for counsel to submit stipulated settlement agreement for court s review and signature. Counsel to file final report by 06/28/10. Continued from 07/21/10 and 10/13/10. Stipulated judgment signed by parties submitted to the court for approval and signature. THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED 1. Letters of Administration issued , no bond. 2. Partial Inventories 1 & 2 (green tabs) include non-cash items that must be listed as Attachment 2 item(s) with an appraisal by a probate referee stating date of death values. Need final I & A. 3. On 12/2/09 court ordered accounting filed by 1/4/10. On 1/4/10, counsel and representative filed declarations stating that the accounting was to be filed, but that representative has been ill and has not been able to review/verify the accounting. Need accounting or status report. RECOMMENDATION When an inventory and appraisal is not filed as ordered, court may set hearing in accord with Pr. C and /or When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. There is no bonding company to notice. (vet/kra/abs/smj/cbr)

47 Page: 20 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: ELMER LAWRENCE WILMES SEE ALSO 21 Hearing re: Inventory and appraisal ARLENE ANN WILMES (PET)...MARTIN E KELLER ELMER LAWRENCE WILMES (DEC)... GENERAL INFORMATION: Continued from 5/21/09, 1/7/10 at request of counsel. Continued from 3/11/10, 05/12/10, 6/23/10 at request of counsel. On 6/23/10 Court directed personal representative and Counsel to appear at next court hearing if I&A is not filed. Continued from 8/18/10, 09/20/10 and 11/03/10. Court will refer matter to Public Administrator if not resolved. THIS CASE IS SET FOR HEARING ON filing Inventory and Appraisal THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters Testamentary issued 10/21/08 (full authority, no bond). 2. Need Inventory and Appraisal. RECOMMENDATION: When an inventory and appraisal is not filed as ordered, the court may set hearing in accord with Pr. C and/or (gls/fhl/smj/cbr/fhl/cbr)

48 Page: 21 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: ELMER LAWRENCE WILMES SEE ALSO 20 FIRST & FINAL Account and Report of ARLENE ANN WILMES and Petition for allowance of fees filed. ARLENE ANN WILMES (PET)...MARTIN E KELLER ELMER LAWRENCE WILMES (DEC)... GENERAL INFORMATION: Continued from 09/20/10 and 11/03/10. THIS CASE IS SET FOR HEARING ON First and Final Account and Petition for Final Distribution and for Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED. 1. Need to file Inventory and Appraisal (see matter next page). 2. Petitioner waives statutory commission. 3. Attorney waives statutory fees. 4. No allegation re notice to Director of California Victim Compensation and Government Claim Board per Pr.C. 9202(b). 5. Need notice to Franchise Tax Board per Pr.C. 9202(c). 6. Need name and address of beneficiary, description of the property to be distributed, and allegation as to the character of the property per Local Rules and Need Schedule of Assets on Hand. 8. Need verification of petitioner per Pr.C Need notice of hearing and proof of service. RECOMMENDATION: Need to clear notes. If approved, court to set hearing re filing receipts and final discharge for 12/14/11 (fhl/cbr)

49 Page: 22 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: RUTH I MITCHELL aka RUTH MITCHELL VACATED- FINAL DISCHARGE APPROVED AND SUBMITTED FOR SIGNATURE. Hearing re Final Discharge ROBERTA L SPRENGER (PET)...CALDWELL, KENNEDY & PORTER, A. RUTH I MITCHELL (DEC)... ROBERTA L SPRENGER (PET)...CALDWELL, KENNEDY & PORTER, A. RUTH I MITCHELL (DEC)...

50 Page: 23 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: PRO PS CASE NAME: JOHN WILLIAM HUDSON Accounting Review RONALD C. HUDSON (PET)...PRO/PER DEBRA D. DOUGLASS (PET)...PRO/PER JOHN WILLIAM HUDSON (DEC)... MARY S HUDSON (PET)...CALDWELL, KENNEDY & PORTER, A. MARY S HUDSON (PET)...CALDWELL, KENNEDY & PORTER, A. JOHN WILLIAM HUDSON (DEC)... JOHN WILLIAM HUDSON (DEC)... GREGORY HUDSON (PET)...SHERRI L KASTILAHN E. JOAN NELMS (TP )...E JOAN NELMS No file available for review

51 Page: 24 HONORABLE: CYNTHIA LUDVIGSEN DATE: 12/08/10 TIME: 9:00 DEPT: S34P CASE#: SPR SS06118 CASE NAME: MTR RE GREGORY OGIE TRUST SEVENTH Account and Report of BANK OF THE WEST and Petition for allowance of fees filed. BANK OF THE WEST (PET)...RANDOLPH M SHARON GREGORY RYAN OGIE SETTLEMENT T(TRU)... BANK OF THE WEST (TEE)...RANDOLPH M SHARON TRUST ADVISORY COMMITTEE MEMBE(PRO/PER )...PRO/PER GENERAL INFORMATION THIS CASE SET FOR HEARING ON Seventh Account Current and Petition for Allowance of Fees for Special Needs Trust THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Accounting period 02/01/08 07/31/ Assets on hand $781, (cash and mutual funds). 3. Petitioner is requesting that this matter be transferred to New Mexico as the beneficiary and Bank of West are located in New Mexico. JTD 4. Petitioner requests approval of fees already taken in the amount of $15, charged pursuant to its fee schedule of.75% of the value of the trust assets. There is no schedule of how the trustee calculated fees to this amount. Need verified supplement. 5. Attorney is requesting fees of $3,000. Billed at $400 per hour and $200 for filing fees. Generally itemized. The filing fee for this petition is $ and the hourly rate for attorney s fees exceeds the hourly rate typically allowed. 6. During the accounting period, petitioner has paid to IBAR as an advisory fee the total amount of $6, pursuant to their fee schedule. 7. Need copy of bank statement(s) to support balance of cash on hand per local rule In the Sixth Account Current approved 8/11/08, the court ordered the trustee to do the following: