Calendar date of 11/22/10 *****

Transcription

1 Calendar date of 11/22/10 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 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 HONORABLE: J MICHAEL WELCH PROBATE DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: FAM SS CASE NAME: NORA LUCIA GRIEGO-V-TERRI KAYE THOMPSON GRIEGO OSC re: Failure to Appear/Status filed by NORA LUCIA GRIEGO NORA LUCIA GRIEGO (PET)...THEODORE C BEALL TERRI KAYE THOMPSON GRIEGO (RES)...BANKS GARCIA & JANIS COMPANION FILES= PROPS & RFLRS GENERAL INFORMATION: Status hearing continued from 4/19/10. no appearance. Clerk mailed notice. On 10/18/10 Court set this OSC hearing as there was no appearance. Clerk mailed notice to counsel. Nothing new filed. THIS CASE IS SET FOR HEARING ON OSC re failure to appear or file an accounting THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Matter came on for hearing re Validity of Marriage on 10/1/09 after Court and counsel confer off record and written stipulation was filed and ordered sealed. None. (kra)

3 Page: 2 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: MPR MS01319 CASE NAME: ESTATE OF FRED CHARLES BROWN VACATED- STATUS REPORT FILED AND IS SET ON 12/01/10. Accounting Review PATRICIA M LONG (PET)...PRO/PER FRED CHARLES BROWN (DEC)...

4 Page: 3 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: GRACE B LANCASTER WAIVER OF Account and Report of MARK A LANCASTER and Petition for allowance of fees filed. MARK A LANCASTER (PET)...BRYAN C. HARTNELL GRACE B LANCASTER (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Waiver of Account and Petition for Fees and Final Distribution THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. No Inventory & Appraisal filed. Need same. 2. All heirs waive an accounting. 3. Petitioner and attorney request statutory fees of $6, ok 4. Petitioner requests to withhold $2,000 for closing expenses. Need I&A. If approved, court to set hearing re filing receipts and final discharge for 11/28/11. (kra)

5 Page: 4 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: THE MANUEL M. GUTIERREZ LIVING TRUST OSC re: Accounting filed by HENRY GUTIERREZ DAMIEN GUTIERREZ (PET)...FULLERTON LEMANN SCHAEFFER & D THE MANUEL MGUTIERREZ LIVING T(TRU)... HENRY GUTIERREZ (RES)...ROBERT E DOUGHERTY GENERAL INFORMATION Continued from 10/14/10 accounting to be filed by 11/8/10. THIS CASE IS SET FOR HEARING ON OSC re Accounting THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Matter came on for Petition to Determine Trust existence/validity; Removal of Trustee; and Appointment of Successor trustee on 7/28/10. Parties conferred on record and Henry Gutierrez was ordered to file an accounting within 60 days. Court temporarily suspended certain powers of Henry Gutierrez. Attorney Robert Dougherty was ordered to prepare and submit an order for signature. Supp: order in file approved for signature. 2. No accounting filed. Inquire status. (kra)

6 Page: 5 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: ROSEMARY V STEPHEN LIVING TRUST Petition for ORDER COMPELLING ACTING TRUSTEE, JOANN STEPHEN TO ACCOUNT AND FOR AWARD FOR ATTORNEY'S FEES CHRIS SANCHEZ (PET)...LEAH DIXON THE ROSEMARY V STEPHEN LIVING (TRU)... JOANN STEPHEN (OBJ)...RUSSAKOW/RYAN/JOHNSON GENERAL INFORMATION. Continued from 8/16/10 for attorney Zialcita to file a response. Court orders Jo Ann Stephen to file an accounting by 9/30/10. Last continued from 10/18/10. Counsel states the accounting has been lost with the attorney service. Court orders accounting to be filed forthwith. Accounting filed 10/20/10. THIS CASE IS SET FOR HEARING ON Petition to compel trustee to account and for attorney fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Petitioner, Chris Sanchez, alleges he is a beneficiary of the Stephen Family Trust dated 4/25/90 and Amended 3/26/08; that the settlor, Floyd M Stephen, predeceased Rosemary V Stephen who died on 10/21/ The 2008 Amendment names Jo Ann Stephen (Jo Ann) as first Successor Trustee. Petitioner alleges that Jo Ann is the acting trustee of the Trust since Rosemary Stephen s death. 3. The 2008 Amendment provides that the entire estate should be divided between Jo Ann Stephen and Kathy Sanchez and if Kathy Sanchez is deceased, her share shall pass to Brett Sanchez and Christopher Sanchez. Petitioner alleges that Kathy Sanchez predeceased the settlor. 4. Petitioner alleges that a written request for an accounting was served on Jo Ann on 2/1/10 and that petitioner s attorney also made several attempts verbally and

7 in writing with no success. The court has the power to compel the trustee to report information about the trust or to account if the trustee fails to submit the report within 60 days after written demand and no report or account has been made within six months preceding the request. (Pr.C (b)(7)). Petitioner alleges that trustee has failed to submit a report or account within 60 days after written request of the beneficiary and no report or account has been made within six months preceding the request. Petitioner requests the Court compel Trustee to account. 5. Petitioner requests attorney fees of $2,500 for fees and costs associated with bringing this action. Does court wish to require itemization of fees requested? Supp: Itemized and increased to $4, based upon need to make second appearance, etc. Calculated based upon hrs at $275/hr. JTD. 6. Accounting by Jo Ann Stephen is filed. Objection thereto filed by petitioner herein. Court should set matter for hearing on accounting. Court s discretion. (kra/abs/kra/gls/abs)

8 Page: 6 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: SHIRLEY SHEARER FAMILY TRUST Hearing Re: Status on SNT U.S. BANK NATIONAL ASSOCIATION(PET)...ELIZABETH MCDONOUGH SHIRLEY SHEARER FAMILY TRUST (TRU)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Status of Special Needs Trust THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Matter set on 10/18/10 at hearing re 1 st & final account. US Bank resigns and Master Trust of California is appointed Successor Trustee. This hearing was set as the petitioner had stated the Trust contained language establishing a SNT for beneficiary Sabrina. Inquire status. (kra) FUTURE HEARINGS: 10/24/11 Hearing re Final Discharge for prior trustee, US Bank 10/24/11 Accounting Review for successor trustee, Master Trust of California

9 Page: 7 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: WILBUR LEONARD OWENSBY Spousal Property Petition hearing. ADELA OWENSBY (PET)...L RAYMOND BOWER WILBUR LEONARD OWENSBY (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Spousal property petition THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Decedent died 11/22/09 and is survived by a spouse and 3 children. 2. Petitioner requests determination of decedent s property passing to the surviving spouse without administration in accordance with decedent s will. 3. Petitioner submits a pour-over will that makes a specific bequest to petitioner by referring to her as Adela Santana as the will was created before petitioner and decedent s marriage. Petitioner states that she is not a beneficiary of the Trust; is not mentioned in the Trust and that petitioner claims no interest in the Trust or the residue of decedent s estate. Petitioner only requests determination of the specific real and personal property as listed in decedent s will. RFA. (kra/abs)

10 Page: 8 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: ESTATE OF MANUELA GLORIA PEREZ SEE ALSO 9 & 10 Motion Re: TO TAX COSTS, DECL & P&A'S IN SUPPORT Filed by Petitioner SOCRATES SANTANA SOCRATES SANTANA (PET)...GEORGETTA H.R. RAINEY MANUELA GLORIA PEREZ (DEC)... JOHN T BACHMAYER (OBJ)...JOHN T BACHMAYER No calendar notes will be prepared. Judge to decide.

11 Page: 9 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: ESTATE OF MANUELA GLORIA PEREZ VACATED- ACCOUNTING FILED AND IS SET THIS DATE.(SEE MATTER 10) SEE ALSO 8 & 10 Accounting Review SOCRATES SANTANA (PET)...GEORGETTA H.R. RAINEY MANUELA GLORIA PEREZ (DEC)... JOHN T BACHMAYER (OBJ)...JOHN T BACHMAYER

12 Page: 10 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: ESTATE OF MANUELA GLORIA PEREZ SEE ALSO 8 & 9 SECOND Account and Report of SOCRATES SANTANA and Petition for fees SOCRATES SANTANA (PET)...GEORGETTA H.R. RAINEY MANUELA GLORIA PEREZ (DEC)... JOHN T BACHMAYER (OBJ)...JOHN T BACHMAYER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON 2 nd account current and petition for preliminary distribution and fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Accounting period covers 1/1/09 9/30/ Assets on hand $82, in cash. 3. At the first accounting, Court approved a total preliminary distribution of $90,000. Petitioner now requests preliminary distribution of $20,000 each to Alexander Collins and John Mickus & Socrates Santana, guardians of minor beneficiary Taylor Santana. JTD 4. The Court previously allowed petitioner and attorney to receive 50% of the statutory fees. Petitioner and attorney now request an additional 20% of the statutory fees of $1,650.00, which will leave a balance of 30% due. 5. Petitioner requests bond be reduced to $40,000 if preliminary distribution is approved and receipts are filed. Court may wish to set a control date for reduction of bond if approved. JTD 6. Petitioner alleges the estate is not in a condition to be closed until the matter concerning the decedent s former attorney, John Bachmayer, and funds in the attorney-client trust account has been settled. See motion set on page #8. 7. Petitioner requests an extension of 12 months in order to close the administration. If approved, court to set hearing re accounting review for 11/28/11. (kra)

13 Page: 11 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: TRACY ANN STEVENS SEE ALSO 12 Motion Re: TO BE RELIEVED AS COUNSEL Filed by Petitioner DAVID JAY STEVENS SR DAVID JAY STEVENS SR (PET)...RONALD W ASK TRACY ANN STEVENS (DEC)... GENERAL INFORMATION: Continued from 8/23/10 and 10/18/10 at request of counsel. THIS CASE IS SET FOR HEARING ON motion to be relieve as counsel THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner is the attorney for the administrator. Petitioner alleges there is a break-down in the attorney/client relationship. Petitioner therefore requests to be relieved as attorney of record. 2. There is no opposition in the file. 3. On 6/14/10 Court ordered Attorney Ask to file an accounting. Accounting filed; see next page. Court may wish to continue matter to trail the accounting. (kra)

14 Page: 12 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: TRACY ANN STEVENS SEE ALSO 11 FIRST AND FINAL ON 10/18/10 Account and Report of DAVID JAY STEVENS SR and Petition for allowance of fees filed. DAVID JAY STEVENS SR (PET)...RONALD W ASK TRACY ANN STEVENS (DEC)... GENERAL INFORMATION: Continued from 10/18/10 at request of counsel. 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. David Stevens was appointed administrator 4/23/07 and as decedent s only child, is the sole heir. This accounting is presented by Attorney Ask on behalf of the administrator at request of Court. As an address for the administrator is stated on the proof of service, question why the administrator cannot verify the petition. Need verified supplement or verification by administrator 2. Attorney states that he does not have adequate documentation regarding the estate s inventory and cannot confirm that the probate referee fees have been paid. It appears from the file that a final I&A was filed on 3/12/08 with assets valued at $300, consisting of $350 in cash and $300,000 in real property. 3. Attorney alleges that there are no assets remaining in the estate as the real property was lost to foreclosure. 4. Attorney alleges a graduated filing fee of $385 was paid. A refund has not been requested. Question if petitioner requests a refund of $65.00 under Burkey v. State of California (2008) 161 Cal.App.4th 465. Any request for refund must be in writing and must attach a proposed order.

15 5. Attorney states the statutory fees are $4, based on the estimated estate value of $121, as listed in the original petition for probate. Petitioner requests to take $1, representing of the remainder of funds held in his attorney-client trust account in lieu of statutory fees. a. Question if the real property has been sold at a trustee s sale? If so, the statutory fees will be based upon value of the property, less the amount of equity that was in the property (which was lost through foreclosure.) Estate of Stein (1968) 267 Cal.App.2nd 631. Need verified supplement with recalculation, if applicable. Supp: the amount due on the real property just prior to the trustee s sale was $163, Assuming this is the amount on the Trustee s Deed at foreclosure, the statutory fees would be $5, Need proposed order submitted. RFA. If approved, court to set hearing re filing receipts and final discharge for 11/28/11. (kra)

16 Page: 13 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: BONNIE LYNN KIM Hearing re Final Discharge WENDY R SMITH BONNIE LYNN KIM (PET)...PRO/PER (DEC)... GENERAL INFORMATION: Continued from 10/14/10. No appearance. Clerk mailed notice. THIS CASE IS SET FOR HEARING ON Final Discharge THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Order for Final Distribution granted 10/8/09. Petitioner is sole heir. 2. Need to submit final discharge declaration/order (Judicial Council form DE- 295) Find out status. (gls/kra)

17 Page: 14 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: THE MARIA V. KNOX TRUST SEE ALSO 15 Hearing Re: Confirmation of Settlement MILDREENE KIRBY CHESTER SMELSER (PET)...APRIL R CURTZE (TP )...HARTNELL, LISTER & MOORE COMPANION FILE= MPRMS GENERAL INFORMATION: Continued from 7/27/10 and 10/4/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Confirmation of Settlement THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Matter set at MSC hearing held A stipulated agreement has been filed and order signed by the court. Chester Smelser is removed as Trustee. Mildred Kirby is appointed Successor Trustee. Notice given by courtroom clerk. Court may wish to inquire whether the terms of the settlement have been completed. Court s discretion. (vet/kra)

18 Page: 15 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: THE MARIA V. KNOX TRUST SEE ALSO 14 First Account and Report of CHESTER SMELSER and Petition for fees MILDREENE KIRBY CHESTER SMELSER (PET)...APRIL R CURTZE (TP )...HARTNELL, LISTER & MOORE COMPANION FILE= MPRMS GENERAL INFORMATION: Continued from 12/1/08 at request of counsel. Continued from 3/2/09, 6/1/09, 8/20/09, 01/11/10, 7/27/10 and 10/4/10 at request of counsel. THIS CASE IS SET FOR HEARING ON 1 st account current and report of successor trustee, Chester Smelser. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Accounting period covers 1/5/96 12/31/07. As this accounting period ends more than 2 years ago, does Court wish to require accounting brought current? JTD 2. Assets on hand $576, consisting of real property, note of deed of trust and lease entitlements 3. Need statement regarding the names and last known addresses of all vested or contingent beneficiaries, including all persons in being who may or will receive income or corpus of the trust per CRC and need proof of service for same. 4. This account report is brought before the court in response to a partial stipulation stemming from a Petition to Remove Trustee, for Account and for Appointment of Successor Trustee. Court to determine if trust will continue under court supervision

19 5. Petitioner reserves the right to request fees. However, as there are a number of disbursements to petitioner, need statement regarding what, if any, compensation has been paid per Pr.C (a). Need verified supplement. 6. No fee requests are made. RFA subject to notes 3 & 5. If approved, court to determine if trust will continue under court supervision and if so, set hearing re Accounting Review for 1/10/11. Accounting to cover the period of 1/1/08 12/31/08 and accounting period 1/1/09 12/31/09. Any accounting to be filed 30 days in advance. (kra/gls/kra/vet/kra)

20 Page: 16 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: MTR OF RAMON OTERO JR SEE ALSO 17 & COMPANION FILE PROPS ON PAGE 18. Petition for partial statutory compensation; fees for extraordinary services and order per PC section etc NINA C MUNOZ (PET)...SANDRA N. BALDONADO RAMON OTERO JR (DEC)... MICHAEL RAMOS (PET)...DAVID E SIMON LUKE ESSLINGER (PET)...DAVID E SIMON VANESSA OTERO (PET)...E JOAN NELMS VANESSA OTERO (PET)...DAVID L RICE SIBYLLE GREBE (CONOVER & GREBE)...CONOVER & DAVID LEE RICE (PRO/PER)...PRO/PER TOYOTA MOTOR CREDIT CORP (RAYMOND)...RAYMOND GENERAL INFORMATION: Continued from 9/22/10 and 9/27/10 as parties confer on the record. THIS CASE IS SET FOR HEARING ON Petition for Partial Statutory Compensation for Extraordinary Services and Order per Pr.C re Administrator s failure to pay fees under court-approved retainer agreement. THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Attorney Eric Jeter on behalf of David Lee Rice, APLC, (former attorney for administrator) petitions for allowance of partial statutory compensation and extraordinary fees as follows: a) Statutory fees calculate to $68, Petitioner believes that his portion of the total statutory fees is 80% and Attorney E. Joan Nelms is 20%. Petitioner requests authority to take 70% of his portion of the 80% of fees, or $38, b) As statutory fees will be prorated with the former/current counsel, need agreement/consent as to this portion of statutory fees to be taken by Attorney Rice

21 from Attorney E. Joan Nelms. Supp: Counsel states that an agreement does not exist and is not requested per Pr.C Counsel argues the code section merely denotes that an agreement is an option but not a requirement. Counsel states that he is requesting the fees which he believes are attributable to him. Court may wish to have Attorney Nelms consent to this proration. Alternatively, Attorney Nelms has been noticed and no objections are filed herein. JTD c) Counsel requests extraordinary fees in the amount of $308, due to the complex issues involved in this estate. Decedent killed his spouse prior to killing himself and ownership interests and validity of a pre-nup, issues relating to wrongful death, estate tax return, sale of law practice and 850 petition. As the estate is not in a position to close, it may be premature to consider extraordinary fees at this time. In addition, there is no allegation as to whether there are any outstanding creditors, the status of any claims or whether the federal estate tax return has been completed and a closing letter issued. Supp: Counsel states that while it is uncertain as to the size of the estate, there should be significant assets which easily exceed the extraordinary fee request herein. Additionally, counsel also states there are several unpaid creditors but that pursuant to Pr.C expenses of administration shall be paid prior to every debt other than debts from the United States. Furthermore, the estate s federal estate tax return (Form 706) is being audited, but that the federal estate tax does not exceed 45%. Supp: Counsel seeks an additional $16, (total $363, including statutory fees) based upon additional hearings required to obtain fees. JTD. 2. Objection filed to petition for allowance of statutory/extraordinary fees filed by Nina Munoz, former special administrator of the estate, alleging the following: a) Objector and her attorney, Sandra Baldonado, have been waiting almost three years to be paid for services rendered. The fees total $12,424.00, together with costs due Atty Baldonado in the amount of $ b) Attorney Baldonado requests additional fees for services rendered between 5/1/08 9/22/10 in the amount of $15, Billed at $350/hour for hours, together with additional costs of $1, Itemized. c) Objector and her attorney believe that their fees and costs that have been on hold for almost three years should be paid first before any other attorney s fees are disbursed from the wrongful death litigation settlement. 3. Per Pr.C , expenses of administration are within the same class of obligations due by the estate. Thus, should the court allow attorney s fees/costs and there is insufficient cash (which is unknown at this time), the fees/costs would be apportioned. Court s discretion (gls/kra)

22 Page: 17 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: MTR OF RAMON OTERO JR SEE ALSO 16 & COMPANION FILE PROPS ON PAGE 18. Accounting Review NINA C MUNOZ (PET)...SANDRA N. BALDONADO RAMON OTERO JR (DEC)... MICHAEL RAMOS (PET)...DAVID E SIMON LUKE ESSLINGER (PET)...DAVID E SIMON VANESSA OTERO (PET)...E JOAN NELMS VANESSA OTERO (PET)...DAVID L RICE NINA C MUNOZ (TP )...SANDRA N. BALDONADO SIBYLLE GREBE (CONOVER & GREBE)...CONOVER & DAVID LEE RICE (PRO/PER)...PRO/PER TOYOTA MOTOR CREDIT CORP (RAYMOND)...RAYMOND GENERAL INFORMATION: Continued from 9/22/10 and 9/27/10. THIS CASE IS SET FOR HEARING ON Accounting/Status Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Prior status report granted 4/28/10. The estate was not in a condition to close as there is a pending 850 petition and a judicial determination of the wrongful death lawsuit was needed. 2. No accounting or updated status report is filed. Need same. Find out status. (gls/kra)

23 Page: 18 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: MARTHA E. OTERO SEE ALSO COMPANION FILE PROPS ON PAGES 16 & 17. Accounting Review MICHAEL RAMOS (PET)...DAVID E SIMON LUKE ESSLINGER (PET)...DAVID E SIMON MARTHA E. OTERO (DEC)... VANESSA OTERO (TP )...DAVID L RICE MELANIE OTERO (WAGNER KIRKMAN BLAINE KLOMPARE)...WAGNER KI RAMON HUMBERTO OTERO (WAGNER KIRKMAN BLAINE KLOMPARE)...WAGN NINA C MUNOZ (SANDRA N. BALDONADO)...SANDRA N. DAVID LEE RICE ESQ (PRO/PER)...PRO/PER GENERAL INFORMATION: Continued from 9/22/10 and 9/27/10. THIS CASE SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. On 04/28/10 court ordered parties to file a list of assets as of that date by 05/04/10 and ordered accounting to be file by 08/06/ A statement of assets was filed on 05/04/ Need accounting. RECOMMENDATION Inquire status. (cbr/kra)

24 Page: 19 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: SELMA S. KELLER Accounting Review EDGAR C KELLER SELMA S KELLER (PET)...MARTIN E KELLER (DEC)... GENERAL INFORMATION: Continued from 8/24/09, 11/2/09, 1/7/10, 3/11/10, 5/17/10, 7/12/10 and 10/18/10 at request of counsel. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Letters issued 6/18/08, no bond. 2. No inventory & appraisal filed. As the Petition for Letters estimated an estate value of $981,000, Court may wish to inquire if any assets have been marshaled. 3. No accounting or status report of administration filed. When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (kra/gls/kra)

25 Page: 20 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: MICHAEL R HENRICH Accounting Review JOVAN R HENRICH (PET)... MICHAEL R HENRICH (DEC)... WELLS FARGO CARD SERVICES (TP )...PRO/PER RAYMOND F MOATS III (WELTMAN, WEI NBERG & REIS )...WELTMAN, COMPANION FILE= RFLRS GENERAL INFORMATION: Continued from 12/3/09 at request of counsel. Continued from 1/11/10 as I&A to be heard with the accounting. Continued from 3/15/10, 4/19/10 and 6/21/10 at request of counsel. Continued from 8/30/10. Court orders attorney and client to be present at next hearing unless an accounting is filed. Nothing new filed. Continued from 10/4/10 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 10/1/08 (full authority, no bond). 2. No inventory and appraisal filed. 3. No accounting or status report is filed. Find out status. (gls/kra)

26 Page: 21 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: LORAINE MARIE ROYBAL WAIVER OF Account and Report of LAURIANA SAINZ-DOOLEY and Petition for fees LAURIANA SAINZ-DOOLEY (PET)...KEITH S WALKER LORAINE MARIE ROYBAL (DEC)... LAURIANA SAINZ-DOOLEY (PET)...ALLAR, SHELTON & O'CONNOR GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Waiver of Account and Petition for Fees and Final Distribution THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Final I&A filed. However, need account statements confirming date of death balance. Per Local Rule All heirs waive an accounting. 3. Petitioner and attorney request statutory fees of $6, ok 4. Petitioner requests to withhold $1,200 for closing expenses. 5. Need proof of service on the California Victim Compensation Board per Pr.C Need notice to Franchise Tax Board as letters were issued after July 1, 2008 per Pr.C. 9202(c). Need to clear notes 1 and 5-6. If approved, court to set hearing re filing receipts and final discharge for 11/28/11. (kra)

27 Page: 22 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: velma jean lee Petition for ESTABLISHING ESTATES CLAIM FOR OWNERSHIP TO PROPERTY FOR ORDER DIRECTING ITS TRANSFER TO ESTAT JAMES DAVID LEE VELMA JEAN LEE JAMES DAVID LEE (PET)...GREGORY T ARMSTRONG (DEC)... (PET)...ROBERT RODDICK GENERAL INFORMATION: Continued from 6/1/10 at request of counsel. Continued from 8/12/10 to clear notes and advises counsel to file proof of personal service. Counsel reports owner agrees to cooperate and will also sign. Continued from 10/18/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition to Establish Estate s Claim for Ownership to Property and for Order Directing its Transfer to Estate (Pr.C. 850). THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of Administration issued , no bond 2. Petitioner, as administrator of the estate, alleges the estate has a claim in real and personal property, specifically decedent s home and personal property, in possession of unknown Respondent(s), who are believed to be occupying the decedent s real property and paying rental income to Sea Board Inc. a. Respondent, Sea Board Inc., is a registered California Corporation doing business throughout California with headquarters located in San Bernardino, CA; Supp: Sea Board, Inc. has filed stipulation for transfer per claim on basis it never accepted deed of transfer. b. Respondent, Mario E. McKinley, is a California registered Notary Public, Commission number , registered in San Bernardino County, CA. 3. Petitioner alleges he resided in the property with Decedent prior to her death and at the time of Decedent s death, title and possession of the property was held by

28 Decedent. Petitioner further maintains that Decedent had no knowledge of Respondent and had no intention of ever transferring the property to Respondent. 4. Petitioner alleges that Respondent has somehow improperly obtained title and possession of Decedent s home in his own name and further alleges that on 01/20/09, Respondent recorded a grant deed purportedly executed by the Decedent on (DOD: ), more than a month after her death. On 09/22/200 (unclear), petitioner alleges Respondent recorded another grant deed purportedly executed by Decedent, 2 months prior to her death. Need copies of purported grant deeds filed with San Bernardino County Recorder s Office on 01/20/09 and 12/22/200 (unclear). 5. Petitioner alleges that in addition to the estate s claim of ownership of the property, the estate has claims against Mario E. McKinley and unknown residents (tenants) based on McKinley allegedly forging the notarization of both purported deeds from Decedent to Sea Board Inc., along with violating relevant California Code Requirements for Notaries and has forfeited his bond. Finally, petitioner asserts tenants are unlawfully detaining the real estate without consent of the lawful owner, the Estate of the Decedent. 6. Petitioner seeks a Court order directing Respondent to return to Decedent s Estate any and all of Decedent s separate personal property and that Respondent convey to Petitioner, title to the real property free from encumbrance, together with all fully executed documents necessary to complete the conveyance. In addition, Petitioner requests Respondent be held liable for twice the value of the property per Pr. C JTD. 7. Need to file proof of personal service on Respondents and unknown tenants/occupants per Pr.C Supp: Two Acknowledgement of Receipt of Summons were filed on 5/11/10 but it cannot be determined by whom they were signed. Require notice, need to clear note 4 then set for evidentiary hearing. (vet/abs/gls/kra) FUTURE HEARINGS: 2/10/11 Accounting Review

29 Page: 23 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: KENNETH WALTER ESCHMANN FIRST AND FINAL Account and Report of PAUL ESCHMANN and Petition for fees PAUL ESCHMANN (DEC)...HORSPOOL & PARKER KENNETH WALTER ESCHMANN (DEC)... GENERAL INFORMATION 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. Final I&A filed. However, need account statements confirming date of death balance. Per Local Rule Petitioner and attorney request statutory fees of $3, ok 3. Attorney requests extraordinary fees of $1, as relating to the sale of real property. billed at $275/hour for 4.2 hours. Itemized. JTD 4. Petitioner requests to withhold $1,000 for closing expenses. 5. Petitioner has reimbursed himself without prior court approval of $27, for costs advanced. Itemization includes airline fares, house and car rentals, and a Tracfone. JTD 6. Petitioner proposes distribution to 36 individuals related as cousin. As only 5 of these persons were listed and noticed of the Petition to administer estate, question why the heirs were not originally listed & noticed, and question if all heirs have been ascertained? Need verified supplement. RFA subject to note 6 and Court s determination re note 5. If approved, court to set hearing re filing receipts and final discharge for 11/28/11. (kra)

30 Page: 24 San Bernardino Superior Court San Bernardino District HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: RPR RS01521 CASE NAME: JENNIE L MASI SEE ALSO 24A Motion Re: judgment on the pleadings re: constance derosa's pet to det Filed by Petitioner GNS DEVELOPMENT CORPORATION JACK M MASI (PET)...SABBAH MACKOUL JENNIE L MASI (DEC)... SEBASTIAN MASI (DEC)... JACK M MASI (APP)...LAW OFFICE OF SAL BRIGUGLIO CONSTANCE DEROSA (PET)...BROWN, WHITE & NEWHOUSE LLP CONSTANCE DEROSA (PET)...E JOAN NELMS JD DEROSA (NUNZIATO BUCKLY WEBER)...NUNZIATO VINCENT DEROSA (NUNZIATO BUCKLY WEBER)...NUNZIATO GNS DEVELOPMENT CORPORATION (RUTTER HOBBS & DAVIDOFF INCORP)... MICHAEL J SCANDIFFIO (MUNDELL ODLUM & HAWS)...MUNDELL O KATE MORRIS (MUNDELL ODLUM & HAWS)...MUNDELL O MSJ REALITY GROUP (MUNDELL ODLUM & HAWS)...MUNDELL O KMM, INC (MUNDELL ODLUM & HAWS)...MUNDELL O SNR DENTON US LLP (LURIE, ZEPEDA, SCHMALZ & HOGAN)...LURIE, ZE JOHN D MANNERINO (THE LAW OFFICE OF JOHN D MANNE)...THE LAW No calendar notes will be prepared. Judge to decide. FUTURE HEARINGS: 12/13/10 Hearing Re: Jack M. Masi's ntc of demurrer/demurrer to ptn 12/13/10 Motion Re: TO STRIKE PORTIONS OF FIRST AMENDED PETITION 12/13/10 Hearing Re: DEMURRER OF RESPONDENTS LAW OFFICE OF SAL ETC 12/13/10 Motion Re: TO STRIKE PORTIONS OF PETITIONER'S FIRST AMENDED 12/13/10 Petition for DISGORGE TRUSTEE'S FEES AND ATTORNEY'S FEES FOR 1/19/11 Petition for TO (1)DETERMINE TITLE AND REQUIRE TRANSFER OF

31 Page: 24A San Bernardino Superior Court San Bernardino District HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: RPR RS01521 CASE NAME: JENNIE L MASI SEE ALSO 24 FIRST Account and Report of JACK M MASI and Petition for fees JACK M MASI (PET)...SABBAH MACKOUL JENNIE L MASI (DEC)... SEBASTIAN MASI (DEC)... JACK M MASI (APP)...LAW OFFICE OF SAL BRIGUGLIO CONSTANCE DEROSA (PET)...BROWN, WHITE & NEWHOUSE LLP CONSTANCE DEROSA (PET)...E JOAN NELMS JD DEROSA (NUNZIATO BUCKLY WEBER)...NUNZIATO VINCENT DEROSA (NUNZIATO BUCKLY WEBER)...NUNZIATO GNS DEVELOPMENT CORPORATION (RUTTER HOBBS & DAVIDOFF INCORP)... MICHAEL J SCANDIFFIO (MUNDELL ODLUM & HAWS)...MUNDELL O KATE MORRIS (MUNDELL ODLUM & HAWS)...MUNDELL O MSJ REALITY GROUP (MUNDELL ODLUM & HAWS)...MUNDELL O KMM, INC (MUNDELL ODLUM & HAWS)...MUNDELL O SNR DENTON US LLP (LURIE, ZEPEDA, SCHMALZ & HOGAN)...LURIE, ZE JOHN D MANNERINO (THE LAW OFFICE OF JOHN D MANNE)...THE LAW No file available for review. FUTURE HEARINGS: 12/13/10 Hearing Re: Jack M. Masi's ntc of demurrer/demurrer to ptn 12/13/10 Motion Re: TO STRIKE PORTIONS OF FIRST AMENDED PETITION 12/13/10 Hearing Re: DEMURRER OF RESPONDENTS LAW OFFICE OF SAL ETC 12/13/10 Motion Re: TO STRIKE PORTIONS OF PETITIONER'S FIRST AMENDED 12/13/10 Petition for DISGORGE TRUSTEE'S FEES AND ATTORNEY'S FEES FOR 1/19/11 Petition for TO (1)DETERMINE TITLE AND REQUIRE TRANSFER OF

32 Page: 25 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: RPR RS02957 CASE NAME: JUAN SOTELO Hearing re Final Discharge JULIO JIMENEZ (PET)...JOHN L CASTILLO, CBS JUAN SOTELO (DEC)... DAVID ELIAS (PET)...JOHN L CASTILLO, CBS GENERAL INFORMATION: Continued from 5/17/10 No appearance. Court orders counsel present at next hearing. Continued from 06/28/10, 8/2/10 and 10/18/10 at request of counsel. THIS CASE IS SET FOR HEARING ON receipts and final discharge THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Order on Final distribution was filed 6/22/09. However, the order provides distribution to Yasbeth Sotelo Miranda, twice and leaves out Maribeth Sotelo Miranda (yellow tabs in file). Need Order nunc pro tunc per Local Rule Receipts filed. However, as there is no signature of acceptance from Margarita Hernandez Salgado, need copy of canceled checks. 3. Need Ex-parte Petition for Final Discharge and Order. Need to clear notes. (kra/abs/cbr)

33 Page: 26 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS06671 CASE NAME: EST OF BENETTA B REEVES CRAWFORD OSC re: FTA/Failure to File a Proper Accounting filed by RILEY CRAWFORD BENJAMIN REEVES (PET)...JACK B OSBORN BENETTA CRAWFORD (DEC)... RILEY CRAWFORD (PET)...JUDITH L HUBERT GENERAL INFORMATION: Hearing re accounting continued from 8/6/09 for counsel to file verified supplement. On 10/15/09 Court set this OSC as there was no appearance or accounting filed. Continued from 11/30/09 Court ordered an amended accounting to be filed by Attorney Judith Hubert on behalf of her client Riley Crawford. Continued from 1/25/10 to clear notes. Continued from 3/8/10 Atty Hubert failed to appear or file proper accounting. Continued from 4/5/10 as Attorney Osborn will include a final accounting for Attorney Hubert within his accounting. Continued from 6/28/10, 8/16/10 and 10/18/10 at request of counsel. THIS CASE IS SET FOR HEARING ON OSC re failure to appear or file a proper accounting THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: The following notes are continued from 10/15/09 re First and Final Account: 1. Need to file notice of hearing and proof of service, including notice to Attorney Jack Osborn who has filed request for special notice. 2. Accounting is filed by Attorney Judith Hubert on behalf of Riley Crawford as the former administrator. The accounting covers the period 11/6/06 6/16/08. However, Mr. Crawford was appointed on 3/9/06 and removed on 6/16/08. Thus, the accounting should commence 3/9/06.

34 3. Counsel states that the accounting (receipts/disbursements/property on hand) has zero transactions. However, the following inventories were filed: a. 9/1/06 - Partial Inventory with real property appraised at $290,000 b. 9/17/07 Final Inventory setting forth personal property items (i.e., jewelry items) appraised at $10, c. 11/3/08 Corrected Inventory filed with $0.00 assets. Question why the beginning balance of the accounting should not be $300,605.00, rather $0.00 as set forth. Additionally, according to the San Bernardino County Assessor s records, the real property is still titled in the name of decedent. Need to file an amended accounting. 4. Petitioner requests authority to reimburse Riley Crawford in the amount of $ for expenses paid. Not itemized, however, $320 was paid for the initial filing fee on the petition for appointment. Question whether additional costs have been paid such as the probate referee for the partial and final inventories? File verified supplement. 5. There is no allegation regarding creditor s claims. It appears that a creditor s claim was filed by Hartnell, Lister and Moore, APC, on 3/16/07 in the amount of $ Question whether said claim has been paid? File verified supplement. Need to file amended accounting. (gls/kra/cbr/kra/abs/kra)

35 Page: 27 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS06679 CASE NAME: EST OF ALFRED H BERG Accounting Review RUTH L HENRICKS ALFRED H BERG PERCY HERBERT (PET)...BRYAN C. HARTNELL (DEC)... (PET)...HARTNELL, LISTER & MOORE GENERAL INFORMATION: Continued from 6/10/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Accounting Review by Percy Herbert, trustee of the Markus Alfred Berg Special Needs Trust THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. The court granted the Markus Alfred Berg Special Needs Trust on 6/4/ A first account current is due from Percy Herbert, trustee, for the period 6/4/09-6/4/ No accounting is filed. Need same. Find out status. (gls/kra) FUTURE HEARINGS: 1/10/11 Hearing re Final Discharge of administrator, Ruth Henricks

36 Page: 28 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS06920 CASE NAME: EST OF JONATHAN TRAVIS EMRAY Hearing re Final Discharge GERALDINE F EMRAY (PET)...E. JOAN NELMS JONATHAN TRAVIS EMRAY (DEC)... JENNIFER EMRAY (PET)...JAMES B CHURCH GERALDINE F EMRAY (PET)...HARTNELL LISTER & MOORE MARJORIE M MICKELS (TP )...PRO/PER CHERYL EMRAY-GARCIA (LENITA A SKORETZ)...LENITA A GENERAL INFORMATION Continued from 8/12/10 and 10/14/10 at request of counsel. THIS CASE IS SET FOR HEARING ON filing receipts and final discharge THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Judgment for Final Distribution granted 8/26/ Need to file receipts and submit final discharge Find out status. (gls/kra)

37 Page: 29 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS07083 CASE NAME: ESTATE OF MARY T. WHITTAKER FIRST Account and Report of TOM WHITTAKER and Petition for fees TOM WHITTAKER MARY T. WHITTAKER (PET)...MARTHA JO PATTERSON (DEC)... GENERAL INFORMATION: Continued from 04/27/10, 06/23/10 and on 08/04/10 Court orders B of A to turn over records to the Conservator. Continued from 10/20/10 at request of counsel. THIS CASE IS SET FOR HEARING ON 1 st Account Current and Petition for Fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters Testamentary issued on , $230,000 bond. 2. Statutory fees of $7, requested. Supp: Fee request increased to $8, based upon Corrected I&A but the accompanying calculation totals $9, Need verified supplement correcting/clarifying. 3. Atty requests $8,000 extraordinary fees. Itemized. Issues: a. Includes hrs for obtaining bank records ($2,400) and 20 hrs for supplemental accounting ($4,000) which could be determined to be ordinary administration tasks. b. Counsel bills at $400/hr. RFA subject to note 2 and court;s determination re extraordinary fees. If approved, court to set hearing on filing of receipts and final discharge for 10/26/11. (vet/cbr/kra/abs)

38 Page: 30 HONORABLE: J MICHAEL WELCH PUBLIC GUARDIAN DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: BC BS00075 CASE NAME: MICHELLE LEE Accounting Review CHARLES R.H. LEE SHAWNA M LEE MICHELLE LEE (PET)...PRO/PER (PET)...PRO/PER (CEP)...SHERRI L KASTILAHN GENERAL INFORMATION: Continued from 10/18/10. No appearance. Clerk mailed notice. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. On 12/29/05, Court approved a Waiver of account. 2. No accounting or waiver of account filed. 3. The Minute Order of 10/19/09 indicates that an I&A was filed. However, upon review of the file and the ROA, it appears that an I&A was never filed in this case. Need I&A. 4. Note: Conservatee in the instant case is also under an LPS conservatorship with PG as the appointed conservator in SLCSS Letters issued PERSON/ESTATE. Expire 05/22/2011. As no accounting review was set in that matter, Court may wish to set hearing re accounting review for SLCSS01909 and have cases referenced as related cases. Inquire status re accounting and need Court s determination re note 4. (kra)

39 Page: 31 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: CON PS CASE NAME: MTR OF TIMOTHY MONROE THIRD AND FINAL Account and Report of PUBLIC GUARDIAN and Petition for fees PUBLIC GUARDIAN TIMOTHY MONROE (CPE)...COUNTY COUNSEL (CEP)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON 3 rd & Final account and petition for fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Accounting period covers 4/8/09 7/14/ Conservatee died 2/20/ Assets on hand $4, consisting of cash. 4. Public Guardian and County Counsel request fees of $1, each. 5. Petitioner proposes to distribute the remaining balance of the estate in satisfaction of claim filed by DHS. RFA. If approved court to set hearing re filing receipts and final discharge for 11/28/11. (kra)

40 Page: 32 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: CON PS CASE NAME: JOHN DURSO first Account and Report of PUBLIC GUARDIAN and Petition for fees PUBLIC GUARDIAN JOHN DURSO (CPE)...COUNTY COUNSEL (CEP)...MARK J. A. FLORY GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON 1 st account current and petition for fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Accounting period covers 7/6/09 7/14/ Assets on hand $4, consisting of cash and pre-need burial trust. 3. Public Guardian and County Counsel request fees of $1, each. 4. Public Guardian requests extraordinary compensation of $ for services rendered in the sale of conservatee s personal property billed at $60/hour for 3 hours. JTD RFA. If approved, Court may wish to set the next hearing re Accounting Review for 11/28/11 or a biennial Accounting Review for 11/26/12 per Pr.C. 2620(a). Any accounting to be filed 30 days in advance. (kra)

41 Page: 33 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: CON PS CASE NAME: LUCILLE M. HARRIS first Account and Report of PUBLIC GUARDIAN and Petition for fees PUBLIC GUARDIAN LUCILLE HARRIS (CPE)...COUNTY COUNSEL (CEP)...MARK J. A. FLORY GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON 1 st account current and petition for fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Accounting period covers 7/6/09 7/26/ Assets on hand $1, consisting of cash and pre-need burial trust. 3. Public Guardian and County Counsel request fees of $86.00 each. RFA. If approved, Court may wish to set the next hearing re Accounting Review for 11/28/11 or a biennial Accounting Review for 11/26/12 per Pr.C. 2620(a). Any accounting to be filed 30 days in advance. (kra)

42 Page: 34 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: CON PS CASE NAME: JAMES HACKETT FIRST Account and Report of PUBLIC GUARDIAN and Petition for fees PUBLIC GUARDIAN JAMES HACKETT HEIDE YOUNG (CPE)...COUNTY COUNSEL (CEP)...MITCHELL I ROTH (TP )...VOGT/RESNICK/SHERAK LLP GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON 1 st account current and petition for fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Accounting period covers 7/6/09 7/20/ Assets on hand $80, consisting of cash, pre-need burial trust and real property. 3. Public Guardian and County Counsel request fees of $1, each. 4. Personal property was donated to Legal Aid in the amount of $300. Receipt filed. 5. Public Guardian requests extraordinary compensation of $1, for services rendered in the sale of conservatee s personal property billed at $60/hour for 3.5 hours. JTD RFA. If approved, Court may wish to set the next hearing re Accounting Review for 11/28/11 or a biennial Accounting Review for 11/26/12 per Pr.C. 2620(a). Any accounting to be filed 30 days in advance. (kra)

43 Page: 35 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: SLC SS00231 CASE NAME: IN THE MATTER OF JOHN PAYTON Accounting Review PUBLIC GUARDIAN JOHN PAYTON (CPE)...COUNTY COUNSEL (CEP)...HARTNELL LISTER & MOORE GENERAL INFORMATION Letters expire 1/29/11. Continued from 8/9/10 and 10/18/10 at request of counsel. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. On 6/1/09 Court approved a Waiver of the 13 th account; 14 th accounting now due. 2. No accounting or waiver of account filed. 3. Proof of service of waiver of account filed. However, no accounting or waiver of accounting filed. Inquire status. (kra)

44 Page: 36 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: SLC SS01174 CASE NAME: IN THE MATTER OF CAROLE KARR FOURTH Account and Report of PUBLIC GUARDIAN and Petition for fees PUBLIC GUARDIAN CAROLE KARR (CPE)...COUNTY COUNSEL (CEP)...HARTNELL LAW GROUP GENERAL INFORMATION Letters expire 12/18/10. THIS CASE IS SET FOR HEARING ON 1 st account current and petition for fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Accounting period covers 11/18/08 7/29/ Assets on hand $9, consisting of cash and pre-need burial trust. 3. Public Guardian and County Counsel request fees of $ each. 4. Conservatee s residence was sold at the beginning of this accounting period and the proceeds have been spent down considerably. Disbursements show conservatee is paying for private care. As the estate assets will not support payments at the current rate shown, Court may wish to inquire as to Conservatee s care plan. RFA. If approved, Court to set next LPS hearing re Accounting Review for 11/28/11. Any accounting to be filed 30 days in advance. (kra) FUTURE HEARINGS: 12/17/10 Hearing re: Petition for Reestablishment of Conservatorship WB.

45 Page: 36A HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: SLC SS02821 CASE NAME: MTR RE SHARRIER MARTIN Accounting Review PUBLIC GUARDIAN SHARRIER MARTIN (CPE)...COUNTY COUNSEL (CEP)...HARTNELL LISTER & MOORE GENERAL INFORMATION Letters expire 4/30/11. Continued from 11/1/10. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. On 10/26/09 Court approved the 1 st account; 2 nd accounting now due. 2. No accounting or waiver of account filed. Inquire status. (kra/abs)

46 Page: 37 HONORABLE: J MICHAEL WELCH DATE: 11/22/10 TIME: 10:00 DEPT: S33P CASE#: SLC SS03013 CASE NAME: MTR RE JOSHUA SLOSSON Accounting Review PUBLIC GUARDIAN JOSHUA SLOSSON (CPE)...COUNTY COUNSEL (CEP)...HARTNELL LISTER & MOORE GENERAL INFORMATION: Continued from 8/23/10 at request of counsel. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. On 6/14/10 Court ordered the conservatorship terminated and a final accounting filed. 2. No accounting or waiver of account filed. Inquire status. (kra)

47 Page: 38 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH CONSERVATORSHIP DATE: 11/22/10 TIME: 10:30 DEPT: S33P CASE#: CON DS CASE NAME: SYLVIA RITA ZAGHA SEE ALSO 39 Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of MARCO ZAGHA MARCO ZAGHA (CPE)...KARIN E HORSPOOL SYLVIA RITA ZAGHA (CEP)...LENITA A SKORETZ ELMER E JENSEN (TP )... GENERAL INFORMATION: THIS CASE IS SET FOR HEARING ON Conservatorship Compliance Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Letters of Conservatorship (person and estate) issued 4/29/10 bond fixed at $315, Care Plan is filed. 3. Final Inventory is filed, together with Notice of How to Object. 4. Need to file proof of recordation of Letters of Conservatorship per Pr.C Court Investigator s Six-month report filed. None (kra/gls/abs) FUTURE HEARINGS: 6/27/11 Accounting Review