Case Number: BP099211
FULLER, EDWINA - CONSERVATORSHIP
Probate Notes
Department LA 11 Court Convened at: 08:30 AM 01/23/2014
Honorable Michael I. Levanas
S.L. Williams , Deputy County Clerk , Deputy Sheriff
C. Peters, CSR 5667 , Reporter
BP099211 1014 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
FINAL REPORT, FEES & DISTRIBUTION
Petitioner(s): Fuller, Steven A.
Attorney(s): Randall, Teddie J., Esq.
Continuance Number: 1 Continuance From: Monday, December 2, 2013
Last Date Changed: Wednesday, January 15, 2014 03:49 PM
Last Note Changed By: MGUAYANT
To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 4.4(b) of LASC Rules. You may contact the Probate Attorney 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 in Rm 258 and on the Court's web site at www.LASuperiorCourt.org.
PETN FILED 1/2/13
REVIEWED FROM PETN & IMAGED FILE ONLY
PRIOR ORDERS: Cont to 1/23/14 @ 8:30 a.m. Cont to 12/2/13 (S. Burrell's petn for fees to be filed by 11/1/13 & set on 12/2/13). Cont to 7/16/13 ; 6/27/13 (to clear notes; petn for fees to be filed by 5/31/13 and set for hrg on 6/27/13)
SUMMARY:
Petnr is consr P&E
2nd & final - acct period 9/1/09 - 5/31/12 (per supp)
ntc rels ok
supp filed 7/15/13
beginning balance: 85,000 (r/p)
ending balance: 85,145.29 (per supp; 145.29 cash)
OTHER CASE: BP135381 (consee's probate; petnr Steven is pers rep; ltrs 3/8/13)
FACTS: Consee died on 8/29/11. Petnr alleges there is an outstanding jgmt payable to the consee in the sum of $117,000. Petnr alleges the pers rep of the consee's estate will attempt to collect the jgmt.
Per supp, petnr made monthly pymts of $500 to himself for utilities due to 24-hr oxygen, air mattress, cable tv & other maintenance, med pads, incontinent diapers, care giver expenses, care of consee's dog.
MATTERS TO CLEAR:
C. No allegation re names and addresses of persons requesting spec ntc - supp required
G. Fee request must comply with CRC 7.752, 7.756, 7.702; provide itemized stmt - supp required
NEW AFTER REVIEW OF SUPP:
J. Explain "Direct Deposit Advance" entries in the receipts schedule - supp required
K. Need name of payee and purpose of deposits on pg 13 of receipts schedule - supp required
L. No purpose stated for several withdrawals - supp required
M. There are several disbursements w/out any payee or purpose stated - supp required
N. Explain the partial rent payments made to petnr, payment for advance funds, finance charges - supp required
O. Petnr's reimb request includes 5,000 pd to atty Anderson, 5,000 pd to atty Burrell, 5,000 pd to atty Barrington. If petnr is requesting reimb for these expenses, need fee decs from each atty, addressing factors in CRC 7.702 and see CRC 7.752
P. Ntc bond company deemed requirede
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OBJECTIONS FILED 4/2/13
OBJECTORS: Robert Fuller and Doris Fuller
REPRESENTED BY: Marshal A. Oldman
SUMMARY:
Objrs are children
prf of svc ok
ARGUMENT: Objrs contend schedule C of the acct is incomplete (no details of 16,319.50 in disbursements); fee request is not complete; expenses are unreasonable; no acct of the 500/mo allowance.
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RELIEF:
1. JTD consr fees, 10,000 (836.5 hrs at 12/hr)
2. JTD acct. COMMENT: The acct is incomplete and vague in many aspects.
3. JTD reimb petnr 26,400. COMMENT: Exh 2 attached to supp provides a total of 16,300 (1,300 filing fee reimb & 15,000 atty retainer reimb). As to atty retainer, see note O; balance of the 26,400 s/b DWOP as there is no justification provided.
4. JTD exoneration of bond
o/w atty fees 2,500.00 (allowed) ok
PA COMMENTS: See Prior Orders and remaining notes; ultimately all matters to mediation and/or evidentiary hrg.
mguayante@lasuperiorcourt.org
MG(4/12/13)(7/10)(11/21)(1/15/14)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1015-1017
Order to be Prepared By Clerk: Attorney:
Department LA 11 Court Convened at: 08:30 AM 01/23/2014
Honorable Michael I. Levanas
S.L. Williams , Deputy County Clerk , Deputy Sheriff
C. Peters, CSR 5667 , Reporter
BP099211 1015 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
FINAL REPORT, FEES & DISTRIBUTION
Petitioner(s): Fuller, Steven A.
Attorney(s): Randall, Teddie J., Esq.
Continuance Number: 4 Continuance From: Monday, December 2, 2013
Last Date Changed: Wednesday, January 15, 2014 03:50 PM
Last Note Changed By: MGUAYANT
To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 4.4(b) of LASC Rules. You may contact the Probate Attorney 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 in Rm 258 and on the Court's web site at www.LASuperiorCourt.org.
PETN FILED 7/15/13
PRIOR ORDERS: Cont to 1/23/14 (Counsel informs the court that there is an appeal pending; the outcome will affect all legal fees).
SUMMARY:
Petnr is consr P&E
post-death acct - acct period 6/2/12 (d/d) - 7/1/13
ntc rels ok
beginning balance: 85,145.29
ending balance: 85,145.29 (145.29 cash)
OTHER CASE: BP135381 (consee's probate; petnr Steven is pers rep)
FACTS: There is no activity during this acct period.
MATTERS TO CLEAR:
A. No ntc
B. No allegation re names and addresses of persons requesting spec ntc - supp required
C. Ntc bond company deemed required
D. Petnr alleged in his acct filed 1/2/13 the consee died on 8/29/11. Petnr alleges 6/2/12 as d/d in the w/in acct. When did the consee die? - supp required
E. Why isn't the outstanding judgment (117,000) included in the property on hand schedule? - supp required
F. Need atty fee dec addressing factors in CRC Rule 7.702
RELIEF:
1. JTD add'l atty fees, 8,000
2. JTD acct
3. JTD exoneration of bond
o/w atty fees 2,500.00 (allowed), dist of balance to pers rep ok
PA COMMENTS: defer pending clearing of notes
mguayante@lasuperiorcourt.org
MG(11/21/13)(1/15/14)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1014, 1016-1017
Order to be Prepared By Clerk: Attorney:
Department LA 11 Court Convened at: 08:30 AM 01/23/2014
Honorable Michael I. Levanas
S.L. Williams , Deputy County Clerk , Deputy Sheriff
C. Peters, CSR 5667 , Reporter
BP099211 1016 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
ALLOWANCE OF FEES
Petitioner(s): Fuller, Steven A.
Attorney(s): Burrell, Sybil Yvonne, Esq.
Continuance Number: 1 Continuance From: Monday, December 2, 2013
Last Date Changed: Wednesday, January 15, 2014 03:51 PM
Last Note Changed By: MGUAYANT
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.
PETN FILED 11/1/13
PRIOR ORDERS: Cont to 1/23/14
SUMMARY:
Petnr is former atty for consr
ntc/copy rels, attys ok
SUPP filed 11/26/13
OTHER CASE: BP122665 (spouse, Thelsey Fuller's, probate); BP135381 (consee's probate)
FACTS: Petnr alleges on or about 10/22/10, petnr retained to prosecute consee's claims of interest in her deceased husband's estate. PER SUPP, consrship received 107,692.30 jgmt in its favor.
MATTERS TO CLEAR:
NEW AFTER REVIEW OF SUPP:
D. Supp alleges 147.25 hrs, including payment for paralegal services. Need paralegal dec, addressing factors in CRC 7.703(e). Provide number of atty hrs and number of paralegal hrs as well as paralegal rate
RELIEF:
1. JTD atty fees, 48,950 (per supp) for 147.25 atty & paralegal hrs.
PA COMMENTS: defer pending clearing of notes
mguayante@lasuperiorcourt.org
MG(11/21/13)(1/15/14)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1014-1015, 1017
Order to be Prepared By Clerk: Attorney:
Department LA 11 Court Convened at: 08:30 AM 01/23/2014
Honorable Michael I. Levanas
S.L. Williams , Deputy County Clerk , Deputy Sheriff
C. Peters, CSR 5667 , Reporter
BP099211 1017 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
ALLOWANCE OF FEES
Petitioner(s):
Attorney(s): Anderson, Sandra Jones, Attorney a IN PRO PER
Continuance Number: 3 Continuance From: Monday, December 2, 2013
Last Date Changed: Wednesday, January 15, 2014 03:51 PM
Last Note Changed By: MGUAYANT
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.
PETN FILED 5/31/13
REVIEWED FROM PETN & IMAGED FILE ONLY
PRIOR ORDERS: Cont to 12/2/13. Cont to 7/16/13
SUMMARY:
Petnr is former atty for consr
FACTS: Petnr began representing former consr, Steven Fuller, on 5/26/06. Services include defending the first acct covering the period 6/1/06 - 10/29/09; issue relating to Prob C 850 petn; work on second acct through (2nd acct filed by consr's current atty; petnr alleges she had not signed a Sub of Atty any time prior to the 2nd acct having been filed). Fees requested cover the period 10/30/09 - 6/15/11 (49.3 hrs at 300/hr).
Categories of services performed:
a. Prep of 1st acct, five supps thereto, responding to objections (8.5 hrs)
b. Two orders on 1st acct (3.9 hrs)
c. Hearings, responses to objections on requests to obtain personnel records of Thelsey Fuller in connection w/consee's c/p interest in Thelsey's retirement benefits (20.8 hrs)
d. Ex parte hearing to secure trial counsel (4.5 hrs)
e. Meetings, correspondence and telephone conferences w/PVP atty (4.6 hrs)
f. Telephone conferences w/clt and siblings (4 hrs)
g. Direction, prep of 2nd acct (1.2 hrs)
h. General matters and misc (1.8 hrs)
MATTERS TO CLEAR:
A. Has petnr included her services re the Prob C 850 petn in any of the above categories (a - h)? If yes, which category and how much time spent? What was the result of the 850 petn? - supp required
B. Provide itemized statement - supp required
**************************************************
OBJECTIONS FILED 6/26/13
OBJECTOR: Steven Fuller
ATTORNEY: Teddie J. Randall
SUMMARY:
Objr is consr
MATTER TO CLEAR:
A. no prf of svc
ARGUMENT: contends request does not comply w/CRC 7.702; description fails to set forth specific tasks performed, making it impossible to determine the reasonableness of fee requested; contends request is excessive.
**************************************************
OBJECTIONS FILED BY ROBERT FULLER AND DORIS FULLER
FILED 7/12/13
ATTY FOR OBJECTORS OLDMAN, COOLEY AND SALLUS
svd 7/11/12
alleges insufficient detail re requested fees
RELIEF:
1. JTD approve the petition for Attorney Fees for services to the Conservatorship by Sandra Jones Anderson and allow attorney fees in the amount of $14,790.00.
2. JTD approve the petition for reimbursement of $161.00 in costs advanced by the attorney Sandra Jones Anderson.
3. JTD approve the recording of an additional lien for $14,790.00 for attorney fees and $161.00 for costs advanced against the real property in the estate of Edwina Fuller commonly known as 1916 Belhaven Avenue, Los Angeles, CA 90059 and legally described as Tract No 12999, Lot 79, APN 6134-030-040. Said liens are to be in addition to the two liens recorded on June 21, 2011 as Document No. 20110837469 and Document No. 20110837470 for a total outstanding indebtedness of $56,320.00 due and payable to Sandra Jones Anderson for services to the Conservatorship.
4. JTD allow interest to accrue at the rate of seven percent (7%) per annum from the date of the Orders
until paid.
5. JTD OBJECTIONS: fees be denied or denied in part
6 JTD OBJECTIONS filed 7/12/13 by Robert Fuller and Doris Fuller (ss)
PA COMMENTS: See Prior Orders and remaining notes
mguayante@lasuperiorcourt.org
MG(6/21/13)(7/10)(11/21)(1/15/14)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1014-1016
Order to be Prepared By Clerk: Attorney:
http://www.lasuperiorcourt.org/probatenotes/
Many thanks to the abusers and their attorney for fucking off everything that Thelsey & Edwina worked all of their lives to accomplish and acquire.
The attorneys are the ones that prosper from it.
Robert and Doris Fuller hired that gleep Daniel Kristof Lak to help them scam Mr. Thelsey Fuller from all his belongings. They succeeded in confiscating quite a lot, but because Lak is such an incompetent lawyer the property issues got all mucked up. Why else would they be going through probate now? If that gleep was half as good as he thinks he is, they would have gotten all the property with no problems. But no, he was too busy screeching out tunes for tips in karaoke bars and making embarrassing YouTube videos.
ReplyDeleteAll in all, a sad ending to a man and his legacy.
After having the Trust amended siblings, Robert and Doris Fuller confiscated in excess of $308,000.00 CASH before anyone in the family became aware that they had taken it. Doris took out a reverse mortgage on her home, said home ended up in Thesley Fuller's name ($55,000.00 cash withdrawn from Citibank) which was promptly gifted back to Doris. 8707 Falmouth Ave #308 ???? is a complete and utter mystery. The other two Trust properties were order sold without the input or consent of ALL of the Trust beneficiaries. Robert and Doris were ordered to repay in excess of $235,000.00 to the Estate of Thelsey L. Fuller. Ijnanya Fuller aka Ijnanya Zavala, Doris's daughter has been living in the Inglewood property for 3 years rent free. All of the attorneys want their money from the sale of the real estate (below fair market value). It gets worse.
Delete