wednesday, april 5, 2017 - fresno county superior court. 303, 9:00 a.m. wednesday, april 5, 2017...
TRANSCRIPT
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
Wednesday, April 5, 2017
There following matters are approved.
20 17CEPR00203 John Nicholas Bogdanovich (Estate)
The following matter is continued:
NONE
The following Probate matter is off calendar:
3 12CEPR00861 Lisa Susan Miller Special Needs Trust
6 15CEPR01229 Frances M. Myers (Estate)
21 17CEPR00205 James P. Fletcher (Estate)
25 17CEPR00055 Marcus Gene Robertson (Cons/PE)
Appearance is recommended for all remaining Probate matters set for hearing.
Thank you.
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
1 Rosa Linda Larssen (CONS/PE) Case No. 0321261 Attorney Amador, Catherine A (for Sylvia Gonzalez – Petitioner)
Fourteenth Account and Report of Successor Co- Conservators,
Petition for Allowance of Fees to Conservator and Attorney
Age: 61 years SYLVIA J.P. GONZALES, sister, and RACHEL
REUTHER, daughter, Successor Co-Conservators of
the Person and Estate, are Petitioners.
Account period: 07/01/2014 – 06/30/2016
Accounting - $256,827.19
Beginning POH - $203,350.33
Ending POH - $205,865.18
($55,953.86 is cash)
Conservator - $1,800.00
(120 hours @ $15/hour totaling $1,800.00)
Attorney - $5,302.50
(per Declaration of Catherine A. Amador in
Support of Petition by Conservator for Allowance
of Attorney Fees; for 18.2 hours @ $275.00/hr; filing
fees and time estimated to attend the hearing)
Bond - $42,751.85
Petitioners request:
1. The Fourteenth Account be
approved, allowed and settled;
2. The Court authorize the Co-
Conservator Sylvia JP Gonzales fees
for services of $1,800.00; and
3. The Court authorize the attorney fees
of $4,867.50 for services rendered,
and for filing fees advanced, and
$435.00 for Court filing fees advanced
for them, for a total of $5,302.50; and
4. Such other and further relief as the
Court considers reasonable and
proper.
NEEDS/PROBLEMS/COMMENTS:
Minute Order of 02/22/2017: Counsel
requests additional time due to her
current inability to use her hand.
1. Need Amended Accounting. Summary of Account shows the
beginning property on hand as
$203,350.33 which differs from the
ending property on hand from the
Thirteenth Account listed as
$206,350.33.
Please see additional page
Cont. from 110916,
120716, 012517,
022217
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✔ Order
Aff. Posting Reviewed by: LV
Status Rpt Reviewed on: 03/30/2017
UCCJEA Updates: 04/04/2017
Citation Recommendation:
FTB Notice File 1- Larssen
1
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
1(additional page) Rosa Linda Larssen (CONS/PE) Case No. 0321261
2. Disbursement schedule lists “gifts” as follows:
07/08/2014 Cash for Jeremiah’s Birthday gift $210.00.
11/30/2014 December Expenses and gift for Rachel $1,371.00.
02/13/2015 Debit for Gift to Jeremiah $110.00.
06/08/2015 Daniel Pena 2 concert tickets $140.00.
07/31/2015 Gift to Jeremiah $115.00.
09/22/2015 Gifts for family $210.00.
02/02/2016 included with February expenses and birthday gift $1350.00.
05/10/2016 Gift to Jeremiah for travel expenses in Ecuador $360.00.
CRC 7.1059(b)(3) Conservator must refrain from making gifts of estate property, except as authorized by the
court after full disclosure.
3. Disbursement schedule lists monthly expenses in a lump sum, for example July expenses in the
amount of $1,300.00, the nature and purpose of each item should be listed pursuant to Probate
Code 1062(b).
4. Disbursement schedule shows the following utilities were paid:
11/01/2014 City of Fresno $159.53
01/21/2015 PG&E – $31.18
02/10/2015 City of Fresno $235.95
03/09/2015 City of Fresno $79.09
04/23/2015 PG&E $32.23
06/03/2015 City of Fresno $211.56
Conservatee’s real property is being rented by her nephew. Why is the estate paying utilities when
the conservatee does not reside in the home?
5. Attorney Amador’s billing statement does not identify who NH is and their qualifications, this
appears to be secretarial and not allowed pursuant to Local Rule 7.17.
Note: If the petition is granted status hearings will be set as follows:
• Wednesday, 06/27/2018 at 9:00a.m. in Dept. 303 for the filing of the first account fifteenth
account.
Pursuant to Local Rule 7.5 if the required documents are filed 10 days prior to the hearings on the matter the status
hearing will come off calendar and no appearance will be required.
Status Conference Statement filed 04/03/2017 states the fourteenth account is currently pending before the
Court. On February 22, 2017 the Court seta status conference for the filing of an amended Fourteenth Account,
to address some deficiencies. Since that time, Ms. Amador states she has developed 2 “trigger” fingers on her
right and dominant hand, which limited her ability to work. She recently had surgery to correct the problem and
is now recuperating. Ms. Amador states she has returned to work and has attempted to complete the amended
account however her physician and physical therapist have both determined that this is hampering her recovery.
They have both recommended that she take disability leave to complete recovery and she is doing so within the
week. Ms. Amador requests that this status conference be continued for a minimum of 60 days. She anticipates
that she will be able to complete and file the amended account within that time.
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
2 Michael Goering (Special Needs Trust) Case No. 0575302 Attorney Knudson, David N. (for Co-Trustees)
Status RE: Filing of the 20th Account
MICHAEL PAPPACODA and JOYCE
THOMAS are Co-Trustees.
The Co-Trustees’ 19th Account was
settled on 6/1/16 and the Court set this
status hearing for the filing of the 20th
Account.
NEEDS/PROBLEMS/COMMENTS:
1. Need 20th Account or written
status report per Local Rule 7.5.
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Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/28/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 2- Goering
2
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
3 Lisa Susan Miller Special Needs Trust Case No. 12CEPR00861 Attorney Matlak, Steven M.
Status RE: Proof of Increased Bond
NEEDS/PROBLEMS/COMMENTS:
OFF CALENDAR Additional bond filed 3/8/17
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Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/28/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 3- Miller
3
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
4 Delilah Lynn Macias and Aneasia Macias (GUARD/P)
Case No. 13CEPR00852 Attorney Mount, Sheri R. (for Petitioner Nancy Tamez)
Objector Macias, Samantha (Pro Per – Mother – Objector)
Petition for Appointment of Guardian of the Person
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Note: This petition is for Delilah only.
Minute Order 2/21/17 (Temp):
Samantha Macias, Mother, consents to
temporary guardianship. The Court
deems Ms. Macias properly served.
Parties stipulate to visits for the mother
every weekend Saturday noon
through Sunday 4pm at the mother’s
program. The minor is to be returned to
Nancy Tamez today.
1. Need proof of personal service of
Notice of Hearing with a copy of
petition at least 15 days prior to the
hearing Per Probate Code §1511 or
consent and waiver of notice or
further diligence on:
- Daniel Salazar (Father, if diligence
not found)
2. Need proof of service of Notice of
Hearing with a copy of petition at
least 15 days prior to the hearing
Per Probate Code §1511 or consent
and waiver of notice or declaration
of due diligence on:
- Paternal Grandfather
- Paternal Grandmother
- Maternal Grandfather Manuel
Macias
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Aff. Posting Reviewed by: 3/28/17
Status Rpt Reviewed on: 4/3/17, 4/4/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 4- Macias
4
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
5 James Dulany Sample (CONS/PE) Case No. 15CEPR01081 Attorney: Gary G. Bagdasarian (for Conservator Alice Sample)
Probate Status Hearing RE: Filing of the First Account
DOD: 9/30/16 ALICE SAMPLE, spouse, was appointed
conservator of the person and estate
on 12/16/15 with bond set at $48,400.00.
Bond filed on 2/29/16.
Letters issued on 3/2/16.
Inventory and appraisal filed on 7/20/16
shows the estate valued at $276,138.00
Minute order dated 12/16/15 set this
status hearing for the filing of the first
account.
Status Report filed on 2/21/17 states the
conservatee James Sample, Jr. passed
away on 9/30/16. Request is made for
a 30 day continuance to complete the
accounting.
Status Report filed on 4/3/17 states due
to the accountant’s heavy schedule,
based on the tax season, the
accounting is not quire complete.
Therefore, therefore a request is made
for a 30-day continuance to complete
the accounting.
NEEDS/PROBLEMS/COMMENTS:
1. Need first account.
Cont. from 022217
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Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/30/17
UCCJEA Updates: 4/4/17
Citation Recommendation:
FTB Notice File 5- Sample
5
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
6 Frances M. Myers (Estate) Case No. 15CEPR01229 Attorney: Michael M. Buettner (for Susan Myers - Administrator)
Probate Status Hearing RE: Filing of the First or Final Account
DOD: 12/13/2015 SUSAN MYERS, daughter, was
appointed Administrator with full IAEA
without bond on 2/23/2016.
Letters issued 2/26/2016.
Minute order dated 2/3/2016 set this
matter for hearing re: status of the filing
of the first account.
An order for final distribution was
granted 9/6/2016.
NEEDS/PROBLEMS/COMMENTS:
OFF CALENDAR. Order for final distribution was
granted 9/6/2016.
Cont. from
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Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/28/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 6- Myers
6
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
7 Emma Jo McCue (GUARD/P) Case No. 15CEPR01250 Attorney Myers, R. Rich (for Guardian Jamie Crawford – Petitioner)
Motion to Modify Visitation Declaration of Guardian
JAMIE CRAWFORD, Paternal Grandmother and
Guardian, is Petitioner.
See petition for details.
NEEDS/PROBLEMS/
COMMENTS:
Note: The Court may make
visitation orders via minute
order, or may require that
the attorney submit an order
after hearing for signature.
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Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/28/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 7- McCue
7
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
8 Raymond John Fimbres, JR (Estate) Case No. 16CEPR00030 Attorney: Michael S. Chielpegian (for Mark Fimbres – Executor)
First and Final Report of Status of Administration on Waiver of Account and
Petition for Final Distribution; for Allowance of Ordinary Services by
Attorney; and for Reimbursement of Costs Advanced
DOD: 11/19/2015 MARK P. FIMBRES, son/executor with full IAEA
without bond, is petitioner
Accounting is waived
I&A - $302,152.97
POH - $302,152.97 ($2,147.34 is cash)
Executor - waives
Attorney - $9,043.06 (statutory)
Costs - $1,691.50 (for filing, certification, publication, probate
referee, recording fees)
Note: Petition states there is insufficient cash
available to pay statutory attorneys’ fees
and costs; petitioner represents he will satisfy
all fees and costs in full (Exhibit Q).
SolarCity - $344.23 (plus the
assumption of the outstanding lease obligations)
SolarCity filed a Creditor’s Claim on
4/4/2016 for $344.23 seeking assignment
of the contract with Mark Fimbres, to
assume the remainder of the lease and
payments until the end of the 20-year
term. Petition states that Mark Fimbres, as
sole distributee of the estate, agrees to
assume and satisfy the obligations
(Exhibit E).
Distribution, pursuant to decedent’s will and
disclaimers of interest, is to:
Mark P. Fimbres
real property known as 3694 West
Beechwood, Fresno CA
1.754% membership interest in
LV Silver 7 II, LLC
NEEDS/PROBLEMS/COMMENTS:
1. Disclaimers of interest were
filed by the following:
a. Scott J. Fimbres
b. Rae Ann Fimbres
c. Phillip B. Boyett
d. Bryn Anne Boyett
Need to know if any of the
above had any issue.
Note: Prob C 275 et seq
states if a beneficiary
disclaims their interest in an
estate, the disclaimer acts
as if the disclaiming party
predeceased the decedent.
Therefore, the issue of the
above persons (if any)
would be successors in
interest to the property and
would be entitled to an
intestate share of the estate.
Cont. from
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Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 4/3/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 8- Fimbres
8
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
9 Layla Altamirano (GUARD/P) Case No. 16CEPR00226
Attorney Michael N. Splivalo (for Petitioner Mateo Eduardo Altamirano, Jr., father)
Probate Status Hearing Re: Petition for Visitation
9
MATEO EDUARDO ALTAMIRANO, JR.,
father, is Petitioner.
~Please see petition for details~
NEEDS/PROBLEMS/COMMENTS:
Notes:
Notice of Unavailability of Counsel
filed on 12/29/2016 indicates that
Attorney Splivalo will be unavailable
for all purposes on the following
[future] dates: 4/7/2017; 5/18/2017
through 6/2/2017; and 8/14/2017
through 8/21/2017.
Order After Hearing of 2/21/2017 filed
on 3/10/2017 finds that, there having
been no visitation agreement
submitted to the Court as of the date
of signing of this order, the hearing
remains on calendar for 4/5/2017 at
9:00 a.m. in Dept. 303.
Continued from 2/21/2017. Minute Order
states upon questioning by the Court,
Mateo Altamirano admits to hitting the
minor on the arm for discipline. The Court
orders that there shall be no corporal
punishment for any reason, at any time.
The Court also admonishes Mateo
Altamirano to seek parenting classes if he
is unable to deal with issues that arise.
The Court orders visitation for Mateo
Altamirano every other weekend from
Friday at 5pm through Sunday at 5pm,
starting 2/24/2017. Mr. Splivalo will submit
a visitation order. Parties are also ordered
to meet and confer for an agreement as
to visitation for half of Easter break, half
of Thanksgiving, and half of Christmas. If
parties submit an agreement, then no
appearance is necessary on 4/5/17.
Cont. from
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Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/29/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 9- Altamirano
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
10 George A. Tavares (Estate) Case No. 16CEPR00365
Attorney J. Stanley Teixeira (for Petitioner Tatum A. Toste)
Probate Status Hearing Re: Filing Inventory & Appraisal
DOD: 3/21/2016 TATUM A. TOSTE, daughter, was appointed
Administrator without bond on 5/11/2016.
Letters issued on 5/16/2016.
Pursuant to Probate Code § 8800(b), Final
Inventory and Appraisal was due 9/16/2016.
Minute Order dated 5/11/2016 from the hearing
on the petition for letters of administration set
the matter for a Status Hearing on 10/12/2016
for filing of the final inventory and appraisal.
Status Report Declaration filed 4/3/2017.
NEEDS/PROBLEMS/COMMENTS:
Continued from 1/25/2017.
Minute Order states counsel
requests 60 days due to the
APN number issue with the
County.
1. Need Final Inventory
and Appraisal pursuant
to Probate Code §
8800(b).
Cont. from 101216,
012517
Aff.Sub.Wit.
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Aff. Posting Reviewed by: LEG
✔ Status Rpt Reviewed on: 3/29/17
UCCJEA Updates: 4/4/17
Citation Recommendation:
FTB Notice File 10- Tavares
10
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
11 Kenneth R. Marple, Sr. (Estate) Case No. 16CEPR00987 Attorney Esraelian, Robyn L. (for Executor Nancy Ramos)
Status RE: Filing of the Inventory and Appraisal
DOD: 4/16/15 NANCY RAMOS was appointed
Executor with Full IAEA without bond on
11/2/16 and Letters issued 11/4/16.
On 11/2/16, the Court set this status
hearing for the filing of the Inventory
and Appraisal.
NEEDS/PROBLEMS/COMMENTS:
1. Need Inventory and Appraisal per
Probate Code §8800 or written
status report per Local Rule 7.5.
Aff.Sub.Wit.
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Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/28/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 11- Marple
11
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
12 Alberto N. Gomez (CONS/PE) Case No. 16CEPR01243 Attorney: Gilbert Zavala (for Petitioner Sophia Gomez Macias)
Objector: Linda Chavez Gomez (pro per)
Attorney: Lisa Horton (Court appointed for Conservatee)
Petition for Appointment of Probate Conservator
THERE IS NO TEMPORARY. No temporary was
requested.
SOPHIA GOMEZ MACIAS, daughter, is petitioner.
NEEDS/PROBLEMS/
COMMENTS:
Court Investigator advised
rights on 1/6/17.
Voting Rights Affected. Need
Minute order.
1. #9d of the petition states
the proposed
conservatee is not an
adherent of a religion that
relies on prayer alone for
healing. Capacity
Declaration filed 12/6/16
and another filed on
3/7/17 states at 3b the
physician Hygin T. Andrew
an accredited
practitioner of a religion
whose tenents and
practices call for a
reliance on prayer alone
for healing, which religion
is adhered to by the
proposed conservatee.
Need clarification.
Please see additional page
Cont. from 011817
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Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/30/17
UCCJEA Updates:
✔ Citation Recommendation:
FTB Notice File 12- Gomez
12
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
12 Alberto N. Gomez (CONS/PE) Case No. 16CEPR01243
NEEDS/PROBLEMS/COMMENTS (cont.):
2. #4 of the Capacity Declaration filed on 3/7/17 is incomplete re: name of proposed conservatee,
date the physician last saw the proposed conservatee and whether or not he is a patient under
the physician’s continuing treatment.
3. Need Order
Note: If the petition is granted, status hearings will be set as follows:
Wednesday, May 3, 2017 at 9:00 a.m. in Department 303, for the filing of the bond, if required.
Wednesday, August 2, 2017 at 9:00 a.m. in Department 303, for the filing of the inventory and
appraisal.
Wednesday, June 6, 2018 at 9:00 a.m. in Department 303, for the filing of the first account.
Pursuant to Local Rule 7.5 if the required documents are filed 10 days prior the date set the status
hearing will come off calendar and no appearance will be required.
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
13 Carol L. Johnson (Estate) Case No. 16CEPR01281
Attorney Andrew S. Kucera (for Petitioner Carrie L. Sanders, daughter)
Attorney Ryan M. Janisse (for Objectors Rebecca Vilhauer and Kimberly Lydon, nieces and
Trustees of the Carol L. Johnson Survivor’s Trust)
Attorney Edward L. Fanucchi (for Objector Randy Johnson, son)
Petition for Probate of Will and for Letters Testamentary; Authorization to
Administer Under the IAEA
DOD: 10/24/2016 CARRIE L. SANDERS, daughter and alternate
named Executor without bond, is Petitioner.
(First named executor is deceased.)
Full IAEA: OK
Will Dated: 4/4/2002
Residence: Clovis
Publication: Business Journal
Estimated value of the Estate: $.00
Anticipated civil complaint, value unknown
Probate Referee: Rick Smith
~Please see additional page~
NEEDS/PROBLEMS/COMMENTS:
Continued from 1/25/2017.
Minute Order states counsel
shall submit points and
authorities in support of
dismissal or in support of
allowing the case to remain,
no later than 3/15/2017. Any
replies are due by 3/22/2017.
Note Re Related Civil Case:
Pending is Carrie Sanders v.
Randy Johnson, 17CECG00408,
set for a Case Management
Conference on 6/5/2017.
1. Item 3(c) of the Petition
states “Anticipated civil
complaint, value unknown”
regarding estimated value
of the estate. Need
information as to the
character and estimated
value of the property of the
estate pursuant to Probate
Code § 8002(a)(4), in
particular for the purposes
of determining whether
opening a full probate of
Decedent’s estate is
necessary and appropriate.
~Please see additional page~
Cont. from 012517
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Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/29/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 13- Johnson
13
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
13 First Additional Page, Carol L. Johnson (Estate) Case No. 16CEPR01281
Objection to Petition for Probate filed by REBECCA VILHAUER and KIMBERLY LYDON, nieces, on
1/17/2017.
Objection to Petition for Probate filed by Carrie L. Sanders on 12/14/2016 filed by RANDY JOHNSON on
1/19/2017.
Brief Regarding Petition for Probate of Estate of Carol L. Johnson filed by CARRIE L. SANDERS on
3/15/2017.
Reply to Petitioner’s Brief Regarding Petition for Probate of the Estate of Carol Johnson filed by
REBECCA VILHAUER and KIMBERLY LYDON on 3/17/2017.
Memorandum of Points and Authorities in Support of Objection to Carrie Sanders’ Petition for Probate
filed by REBECCA VILHAUER and KIMBERLY LYDON on 3/15/2017.
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
14 Alexis Anguiano, Sophie Anguiano (GUARD/P) Case No. 16CEPR01297 Petitioner: Esther Cantor (Pro per – Maternal grandmother)
Petition for Appointment of Guardian of the Person
THERE IS NO TEMPORARY; DENIED
ESTHER CANTOR, maternal grandmother, is
petitioner
Court Investigator supplemental report filed
2/14/2017.
Court Investigator subsequent report filed
3/28/2017.
Please see petition for details.
NEEDS/PROBLEMS/COMMENTS:
1. Need proof of service at least
15 days before the hearing of
the Notice of Hearing with a
copy of the petition or consent
and waiver of notice for:
a. Jesus Anguiano
(paternal grandfather) –
unless the Court excuses
notice per due diligence
filed 3/22/2017.
Note: Paternal grandfather
was originally reported as
deceased.
Cont. from 022217
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail w
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv. w
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
✔ CI Report
9202
✔ Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/28/2017
✔ UCCJEA Updates: 3/29/2017
Citation Recommendation:
✔ Clearances File 14- Anguiano
14
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
15 Cesar Leonardo Villa (CONS/P) Case No. 17CEPR00027 Petitioner Villadetorres, Sonia R. (Pro Per – Mother – Petitioner)
Petition for Appointment of Probate Conservator of the Person
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Court Investigator advised rights on
2/3/17
Voting rights affected – need minute
order.
Continued from 2/22/17; all issues
now cured.
Cont. from 022217
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail w
Aff.Pub.
Sp.Ntc.
Pers.Serv. w
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/28/17
UCCJEA Updates: 4/4/17
Citation Recommendation:
FTB Notice File 15- Villa
15
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
16 Ronald D. Cooper (Estate) Case No. 17CEPR00044 Attorney: Melvin K. Rube (for Petitioner Shelley Cooper)
Petition for Letters of Administration; Authorization to Administer Under the
IAEA
DOD: 1/1/17 SHELLEY COOPER, surviving spouse, is
petitioner and requests MATT BICKEL,
private professional fiduciary, be
appointed as Administrator with bond
set at $75,000.00.
Full IAEA – o.k.
Decedent died intestate (please see
note #1)
Residence: Fowler
Publication: Fresno Business Journal
Estimated value of the Estate:
Personal property - $75,000.00
Probate Referee: Steven Diebert
NEEDS/PROBLEMS/COMMENTS:
Continued from 2/22/17. Minute order
states matter is continued to allow time
for Daniel Cooper to obtain counsel
and file a petition. Mr. Rube represents
if the will deposited by Daniel Cooper
is probated, then he will likely request
dismissal of Shelley Cooper’s petition.
1. Petition alleges the decedent died
intestate. On 2/15/17 Daniel
Cooper deposited a Will dated
8/4/2004 that appears to the
decedent, Ronald Cooper’s Will.
Note: If the petition is granted, status
hearings will be set as follows:
Wednesday, May 3, 2017 at 9:00
a.m. in Department 303, for the
filing of the bond.
Wednesday, September 6, 2017 at
9:00 a.m. in Department 303, for the
filing of the inventory and appraisal.
Wednesday, June 6, 2018 at 9:00
a.m. in Department 303, for the
filing of the first account or petition
for final distribution.
Pursuant to Local Rule 7.5 if the
required documents are filed 10 days
prior the date set the status hearing will
come off calendar and no
appearance will be required.
Cont. from 022217
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
✔ Aff.Mail W/
✔ Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf. Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
✔ 9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/30/17
UCCJEA Updates: 4/3/17
Citation Recommendation:
FTB Notice File 16- Cooper
16
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
17 Jordan Harshman (GUARD/E) Case No. 17CEPR00070 Attorney: Nancy J. LeVan (for Guardian John Harshman)
Probate Status Hearing RE: Proof of Bond
Age: 16 years JOHN HARSHMAN, III, father, was
appointed guardian of the estate on
3/2/17 with bond set at $47,960.00.
Minute order dated 3/2/17 set this status
hearing for the filing of the bond.
Bond of $47,960.00 for John Harshman,
III as temporary guardian was filed on
2/27/17.
NEEDS/PROBLEMS/COMMENTS:
1. Need bond for John Harshmann,
III as the general guardian and
not as the temporary guardian.
Cont. from
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 4/3/14
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 17- Harshman
17
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
18 William Sunao Nakai (Estate) Case No. 17CEPR00199 Attorney Salazar, Steven F. (for Petitioner Gene Nakai)
Petition for Letters of Administration: Authorization to Administer Under the IAEA
DOD: 1/28/17 GENE NAKAI, Brother, is Petitioner
and requests appointment as
Administrator with Full IAEA
without bond.
All heirs waive bond.
Full IAEA – ok
Decedent died intestate
Residence: Sanger
Publication: Business Journal
Estimated value of estate:
Personal property: $5,000.00
Real property: $114,000.00
($180,000.00, encumbered for
$66,000.00)
Probate Referee: Rick Smith
NEEDS/PROBLEMS/COMMENTS:
1. The decedent’s residence address
appears to be within the city limits of
Sanger; therefore, per Local Rule 7.9,
publication should have been in the
Sanger Herald. The Court may require
republication.
Declaration filed 4/4/17 states the
Business Journal does publish for
various cities including Sanger (see
attached letter), and Petitioner
respectfully requests the Court consider
publication in the Business Journal
sufficient. Should republication be
deemed necessary, notice will be
immediately republished.
Note: If the petition is granted, status
hearings will be set as follows:
Wednesday, July 26, 2017 at 9:00 a.m.
in Department 303, for the filing of the
inventory and appraisal.
Wednesday, April 25, 2018 at 9:00 a.m.
in Department 303, for the filing of the
first account or petition for final
distribution.
Pursuant to Local Rule 7.5 if the required
documents are filed 10 days prior the date
set the status hearing will come off
calendar and no appearance will be
required.
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/29/17
UCCJEA Updates: 4/4/17
Citation Recommendation:
FTB Notice File 18- Nakai
18
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
19 Howard F. Traugh (Estate) Case No. 17CEPR00201 Petitioner Traugh, Donald Gene (Pro Per Petitioner)
Petition for Probate of Will and for Letters Testamentary
DOD: 1/16/17 DONALD GENE TRAUGH, Brother
and named Executor without
bond, is Petitioner.
Full IAEA – need publication
Will dated 6/30/03
Residence: Fresno
Publication: need publication
Estimated value of estate:
Personal property: $200,000.00
Annual income: $ 15,000.00
Real property: $250,000.00
Total: $465,000.00
Probate Referee: Rick Smith
NEEDS/PROBLEMS/COMMENTS:
1. Although Petitioner deposited the
original will separately per Probate
Code §8200, Petitioner did not attach
a photocopy of the will to the petition
per #3f and Probate Code §8002.
2. Petition is blank at #5a(7)and(8) re
issue of predeceased child. Need
clarification.
3. Petitioner lists three brothers at #8;
however, the decedent’s will includes
others who should be listed here and
are entitled to notice. Need revised list
per #8 of the petition and Probate
Code §8110. From the original will, it
appears the list should include:
- Donald G. Traugh (Brother)
- Gerald L. Traugh (Brother)
- Richard A. Traugh (Brother)
- James Schmidgall (Nephew)
- Glen Walters (Friend)
- Any other issue of deceased parents
not listed here; if deceased, need
dates of death per Local Rule 7.1.1.D.
4. Need Notice of Petition to Administer
Estate (DE-121) and proof of service
thereof at least 15 days prior to the
hearing per Probate Code §8110 on all
persons entitled to notice (per above).
5. Need publication per Probate Code
§8120.
6. Need Duties and Liabilities of Personal
Representative (DE-147) and
Confidential Supplement (DE-147S).
7. Need Order (DE-140) and Letters
(DE-150) per Local Rule 7.1.1.F.
SEE PAGE 2
Aff.Sub.Wit. S/P
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
x
Aff.Mail x
Aff.Pub. x
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters x
Duties/Supp x
Objections
Video
Receipt
CI Report
9202
Order x
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/29/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 19- Traugh
19
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
19 Howard F. Traugh (Estate) Case No. 17CEPR00201
Page 2
Note: If the petition is granted, status hearings will be set as follows:
Wednesday, July 26, 2017 at 9:00 a.m. in Department 303, for the filing of the inventory and
appraisal.
Wednesday, April 25, 2018 at 9:00 a.m. in Department 303, for the filing of the first account or
petition for final distribution.
Pursuant to Local Rule 7.5 if the required documents are filed 10 days prior the date set the status
hearing will come off calendar and no appearance will be required.
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
20 John Nicholas Bogdanovich (Estate) Case No. 17CEPR00203 Attorney: J. Johnson, Grover Beach, CA (for Lisa Faye Bogdanovich)
Petition for Probate of Will and for Letters of Administration with Will Annexed;
Authorization to Administer Under the IAEA
DOD: 9/4/2016 LISA FAYE BOGDANOVICH, spouse, is
petitioner and requests appointment
as administrator with will annexed with
full IAEA without bond.
Sole beneficiary waives bond.
Full IAEA – o.k.
Holographic will dated: 9/1/2016
Residence: Laton
Publication: Fresno Business Journal
Estimated value of Estate:
Personal property $ 720,000.00
Annual gross income: 0.00
Real property: 0.00
Total: $ 720,000.00
Probate Referee: Rick Smith
NEEDS/PROBLEMS/COMMENTS:
Note: If the petition is granted, status
hearings will be set as follows:
Tuesday, September 5, 2017 at
9:00 a.m. in Department 303, for
the filing of the inventory and
appraisal.
Tuesday, June 5, 2018 at 9:00 a.m.
in Department 303, for the filing of
the first account or petition for final
distribution.
Pursuant to Local Rule 7.5 if the
required documents are filed 10 days
prior to the hearings on the matter,
the status hearings will come off
calendar and no appearance will be
required.
Cont. from
✔ Proof of
Holo Instr
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Petn Admn
✔ Aff.Mail wo
✔ Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/29/2017
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 20- Bogdanovich
20
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
21 James P Fletcher (Estate) Case No. 17CEPR00205 Attorney: Janet L. Wright (for Deborah Fletcher – Special Administrator)
Petition for Letters of Special Administration without General Powers
DOD: 9/15/2015 LETTERS OF SPECIAL ADMINISTRATION
EXPIRE 6/5/2017
DEBORA FLETCHER, spouse, was
appointed Special Administrator
(without IAEA) per ex parte order
entered 3/3/2017.
The Special Administration was for the
purpose of:
signing a settlement agreement in
Fresno Superior Court Case
16CECG03348 as negotiated by the
parties, and
to litigate and settle any and all
claims the estate may have against
any other parties in relation to the
airplane accident that caused the
decedent’s death.
NEEDS/PROBLEMS/COMMENTS:
OFF CALENDAR Petition for Letters of Special
Administration (without IAEA) was
granted ex parte on 3/3/2017.
Cont. from
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/29/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 21- Fletcher
21
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
22 Marilyn Elaine Silva (Estate) Case No. 17CEPR00206 Petitioner Sexton, Amanda (Pro Per Petitioner)
Petition for Probate of Will and for Letters Testamentary; Authorization to Administer Under the IAEA
DOD: 1/19/17 AMANDA SEXTON, Niece and
named Executor without bond, is
Petitioner.
Full IAEA – need publication
Will dated 3/29/16
Residence: Fresno
Publication: need publication
Estimated value of estate:
Personal property: $ 10,000.00
Real property: $126,000.00
($220,000, encumbered for $94,000)
Total: $136,000.00
Probate Referee: Steven Diebert
NEEDS/PROBLEMS/COMMENTS:
8. Although Petitioner deposited the
original will separately per Probate
Code §8200, Petitioner did not
attach a photocopy of the will to
the petition per #3f and Probate
Code §8002.
9. Petitioner does not list an address
for Teresa Piotter, Sister, at #8.
Need address. If deceased, please
so state and provide date of death
per Local Rule 7.1.1.D.
10. If there are any other siblings or
issue of deceased parents, they
should also be listed at #8, or dates
of death provided.
11. Need Notice of Petition to
Administer Estate (DE-121) and
proof of service thereof at least 15
days prior to the hearing per
Probate Code §8110 on all persons
entitled to notice (per above).
12. Need publication per Probate
Code §8120.
13. Need Duties and Liabilities of
Personal Representative (DE-147)
and Confidential Supplement (DE-
147S).
14. Need Letters (DE-150)
SEE PAGE 2
Aff.Sub.Wit. S/P
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
X
Aff.Mail X
Aff.Pub. X
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters X
Duties/Supp X
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/29/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 22- Silva
22
22 Marilyn Elaine Silva (Estate) Case No. 17CEPR00206
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
Page 2
Note: If the petition is granted, status hearings will be set as follows:
Wednesday, July 26, 2017 at 9:00 a.m. in Department 303, for the filing of the inventory and
appraisal.
Wednesday, April 25, 2018 at 9:00 a.m. in Department 303, for the filing of the first account or
petition for final distribution.
Pursuant to Local Rule 7.5 if the required documents are filed 10 days prior the date set the status
hearing will come off calendar and no appearance will be required.
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
23 Seth M. Miller (CONS/P) Case No. 17CEPR00229
Petitioner Angela M. Miller (Pro Per, mother)
Petition for Appointment of Probate Conservator
NO TEMPORARY REQUESTED
ANGELA M. MILLER, mother, is Petitioner.
~Please see Petition for details~
Court Investigator’s Report was filed on
3/28/2017.
NEEDS/PROBLEMS/COMMENTS:
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv.
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
✔ Video
Receipt
✔ CI Report
9202
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/29/17
UCCJEA Updates:
✔ Citation Recommendation:
FTB Notice File 23- Miller
23
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
24 Lila Eleanor Lopez (GUARD/P) Case No. 16CEPR00599
Attorney Sheri Rich Mount (for Petitioner Eleanor Mora Mejia, biological maternal grandmother)
Petition for Appointment of Guardian of the Person
TEMPORARY EXPIRES 8/8/2016;
extended to 8/29/2016; extended to
11/28/2016; extended to 2/27/2017
(Not extended to 4/5/2017)
ELEANOR MORA MEJIA, biological
maternal grandmother of adopted
proposed ward, is Petitioner.
~Please see petition for details~
Court Investigator’s Report was filed
8/3/2016.
NEEDS/PROBLEMS/
COMMENTS:
Continued from 11/28/2016. Minute
Order states the Court clarifies
Counsel’s questions with regard to
ICWA noticing.
Note Re ICWA Notice: Court records
do not show any response regarding
ICWA applicability has been filed with
the Court. Further, Attorney Mount,
who served the ICWA Notice of Child
Custody Proceeding (ICWA 030) to all
necessary agencies on 12/29/2016,
filed on 3/30/2017 a Declaration
stating that her office has not
received any response of any kind
regarding the Notice of Child Custody
Proceeding for Indian Child.
Therefore, it appears based upon the
lapse on 2/29/2017 of the required 60
days following service of notice, the
act does not apply to this proceeding
at this time.
Cont. from 062016,
080816, 082916,
112816
Aff.Sub.Wit.
✔ Verified
Inventory
✔ ICWA Not.
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv. w/
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
✔ CI Report
✔ Clearances
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/28/17
✔ UCCJEA Updates: 4/4/17
Citation Recommendation:
FTB Notice File 24 - Lopez
24
Dept. 303, 9:00 a.m. Wednesday, April 5, 2017
25 Marcus Gene Robertson (CONS/PE) Case No. 17CEPR00055 Attorney: Nancy J. LeVan (for Lynda Robertson – Petitioner/Daughter)
Attorney: Gary Bagdararian (court-appointed for Conservatee)
Petition for Appointment of Probate Conservator of the Person and Estate
TEMPORARY EXPIRES 4/5/2017
LYNDA ROBERTSON, daughter, is petitioner
and requests appointment as conservator
of the person and estate with medical
consent and dementia powers with
$46,000.00 bond.
Please see petition for details.
NEEDS/PROBLEMS/COMMENTS:
OFF CALENDAR. Order signed 3/30/2017.
Court Investigator Advised Rights on
2/16/2017.
Voting Rights Affected - Need minute
order
Cont. from 030117,
032917
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail w
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv. w
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
✔ Video
Receipt
✔ CI Report
9202
✔ Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 4/3/2017
UCCJEA Updates:
✔ Citation Recommendation:
FTB Notice File 25- Robertson
25