30 July 2013

1916 Belhaven Ave - Confirm Sale - Tomorrow, 31 July 2013


Sons of Bitches!

Zestimate: $203,584

Case Number:  BP135381
FULLER, EDWINA - DECEDENT

Filing Date:  06/27/2012
Case Type:  Letters of Administration (General Jurisdiction)
Status:  Pending
Future Hearings 

07/31/2013 at 08:30 am in department 5 at 111 North Hill Street, Los Angeles, CA 90012
CONFIRM SALE OF REAL PROPERTY(1916 NORTH BELHAVEN AVE LOS ANGELES, CA 90059)


Probate Notes

Department    LA    5     Court Convened at:    08:30 AM    07/31/2013

Honorable Commissioner David J. Cowan
M. Dewey , Deputy County Clerk     M. Manskar , Deputy Sheriff 
Linda Biche, CSR 3359 , Reporter

BP135381       1001     FULLER, EDWINA - DECEDENT     
Letters of Administr  
CONFIRM SALE OF REAL PROPERTY
Petitioner(s): Fuller, Steven  
Attorney(s): Randall, Teddie J., Esq.  
Continuance Number: 1     Continuance From: Wednesday, July 3, 2013
Last Date Changed: Tuesday, July 30, 2013 12:27 PM
Last Note Changed By: PSHIRREF

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available on the Court's web site at www.LASuperiorCourt.org.

PRIOR ORDERS: Cont to 7/31/13

Petn filed 6/4/13

REVIEWED FROM IMAGED FILE ONLY

OTHER CASES: BP 099211 (Consorshp of Edwina Fuller); BP 118616 (Estate of Thelsey Fuller); BP 122665 (Thelsey Fuller Trust)

SUMMARY:
1916 North Belhaven Avenue, Los Angeles, California 90059 (undivided 50% interest)
APN: 6134-030-040

TERMS: Cash, AS IS

O/B 76,625
A 97,500 (appraisal)
S 72,500
C 5% exclusively to Gilleran Griffin Realtors
B Current is 6,000; requests addt'l 67,000

MATTERS TO CLEAR:
A) Reappraisal to be filed per para 3d of petn

Ntc to buyer Enduravest Partners, LLC ok
Ntc (incl spec ntc Kathleen Hazan, Esq. and William George) ok
Exposure to market ok
Pub ok

*****************************************
OBJECTIONS FILED 7/1/13
OBJECTOR Shirley Carol Ritchey
ATTORNEY Anthony P. Martin, Esq.

SUMMARY:
Objr is daughter

ARGUMENT: Objr is 75 y.o. and has been permanently disabled since 1999; diagnosed with lupus in 1998. Objr currently resides in the subject r/p. Objr alleges she was allowed to live rent-free on the r/p with the consent of her parents. In 7/03, she began paying rent of 300/mo; rent was used for decd's care. Objr paid rent on a regular basis until 7/12. Objs to sale of r/p; argues that it is premature bc debts and expenses of admin have yet to be fully determined. Consorshp proceedings have not yet terminated, so the interest in the r/p remains titled in name of consorshp. Thus, petnr is not in a position to sell the interest in the r/p. Petnr as consor obtained a judgment against Thelsey Fuller in amount of 107,692.30; the order is on appeal. Acct in consorshp was continued from 6/27/13 to 7/16/13 in D-11.

MATTERS TO CLEAR:
A) Prayer for relief is unclear re Thelsey Fuller Revocable Trust r/p - what is specifically prayed for? supp required to state specific prayer
*****************************************
RELIEF:
1) JTD confirm sale - COMMENT: defer pending clearing of note A (reappraisal)

2) OBJS/JTD vacate sale - COMMENT: rec DWOP; there is no sale to vacate
3) OBJ/SJTD deny confirmation of sale
4) OBJS/JTD prohibit sale until:
a) consorshp is terminated
b) appeal matters have been resolved
c) r/p belonging to Thelsey L. Fuller Revocable Trust, dtd 7/23/08, located at 8625 S. 12th Avenue, Inglewood ___________ - see note A for objs

PA COMMENTS: See remaining notes and objs; NOTE: Decl filed 7/30/13 by Patrick Barnitt, as succ tee of the Thelsey L. Fuller Revocable Trust, states that he authorizes the sale of the trust's 50% interest in the subject r/p to be sold concurrently with the 50% by the estate. Such request cannot be granted, as the petition is to sell the estate's 50% interest. No ntc to tr benes of intention to sell trust's interest.

pshirreffs@lasuperiorcourt.org
PS 6/27/13 7/29/13

RECOMMENDED DISPOSITION:
RELATED ITEMS:
Order to be Prepared By     Clerk:     Attorney:

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