13 February 2014
Elder Abuse, Probate Notes BP122665, 13 FEB 2014
Department LA 11 Court Convened at: 10:00 AM 02/13/2014
Honorable James A. Steele
Connie Hudson , Deputy County Clerk , Deputy Sheriff
Paula Renteria CSR 9374 , Reporter
BP122665 3002 FULLER, THELSEY L. - TRUST
Order to Show Cause Re Prelim Inj
Petitioner(s): Fuller, Robert Fuller, Doris
Attorney(s): Oldman, Marshal A., Esq.
Continuance Number: Continuance From:
Last Date Changed: Tuesday, February 11, 2014 11:32 AM
Last Note Changed By: RWADA
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.
Filed 1/24/14 - ex parte set for hearing
Petnrs are tr benes under amendment to the trust
Unless this Court issues the TRO, Petitioners fear that Patrick John Barnitt, Esq., as Successor Trustee of the Thelsey L. Fuller Trust, will distribute the assets of the Trust during the pendency of Petitioners' appeal of an order invalidating an amendment of the Trust naming Petitioners as the sole remainder beneficiaries of the Trust, making it difficult, if not impossible, for Petitioners to recover the assets of the Trust which are rightfully theirs under the Trust in the event they are successful in their appeal. Mr. Barnitt, as successor trustee of the Trust, is expected to receive by the end of this month sale proceeds from the sale of the Trust's interest in real property located at 1916 N. Belhaven Avenue in Los Angeles, California; Mr. Barnitt, as successor trustee of the Trust, has placed the Trust real property located at 8625 12th Avenue in Inglewood, California on the market for sale; and Mr. Barnitt has failed to return telephone calls and a written demand from petitioners' counsel for information regarding the trust.
MATTERS TO BE CLEARED -
OBJECTIONS FILED: 2/3/14
OBJECTOR: PATRICK J. BARNITT
ATTORNEY: JEANNE M. FITZGERALD
Objector is succ tee
Petnrs were the previous trustees who were removed at which time objector appointed; Petitioner's allegation that escrow is to close on the trust's one-half interest at the end of January, 2014, is erroneous. Confirmation of the sale of the trust's interest has not yet come before this court and no funds will be disbursed to the Successor Trustee at this time as alleged by the Petitioners. Therefore, no restraining order is necessary and this action was premature. The trust's property in Inglewood was listed for sale for a 90 day period from March to June, 2013. There is no current listing on this property. Petitioners and their relatives are still residing at this property, rent free. It appears from Petitioners' pleadings that they are attempting to re-litigate recent issues decided at trial, which concluded with a Judgment against them for $235,158, and their subsequent removal as co-trustees.
REPLY FILED 2/6/14 - Although Mr. Barnitt acknowledges that he is in the process of liquidating the real property held in the Trust, he nonetheless claims that the petition for the restraining order is premature because he has not yet received any sale proceeds. However, this petition would have been untimely had Petitioners waited to bring it until after Mr. Barnitt received the sale proceeds. In that case, there would have been nothing to prevent Mr. Barnitt from distributing the remainder of the Trust estate to Petitioners' siblings notwithstanding Petitioners' appeal. Thus, contrary to Mr. Barniti's claim, the petition is timely and not premature. Reply seeks Patrick John Baniitt, Esq to be instructed to prepare and file with this Court an account of the Thelsev L. Fuller Trust for the period beginning March 7, 2012. the date of his appointment, and ending with the date of the Court's order; that Patrick John Barnitt. Esq., be instructed to petition this Court for the settlement of the account and give notice of hearing on the petition; that Respondent Patrick John Barnitt, Esq., be restrained from distributing the assets of the Trust until the Court of Appeal decides Petitioners' appeal described herein above; that The Court order such attorney's fees and costs as may be allowable by law; and
MATTERS TO BE CLEARED-OBJS -
A. No proof of svc of objections filed
MATTERS TO BE CLEARED - REPLY
B. Request for accounting in this ex parte application not proper - no compelling authority or circumstances to order an accounting as a part of a "reply to objections" in petnrs' EX PARTE petition - this relief must be requested in a separately filed and noticed petn - no "relief" requested in the reply of petnrs to be granted at this time
1. JTD Preventing Patrick John Barnitt, Esq., as successor trustee of the Thelsey L. Fuller Trust, his agents, representatives and all persons acting under, in concert with, or for him, from distributing any assets of the Trust without further order of the Court.
2. JTD for issuance of a Temporary Restraining Order and an OSC re: Issuance of
3. JTD OBJECTIONS - deny petn
PROB ATTY COMMENTS: would DWOP this petn - objector has a petn to have proposed action taken (sale of real property) set for 4/3/14 on the sale of the Belhaven property; as to the other real property, appears that property is only listed at this time
Rwada@lasuperiorcourt.org RW (2/11)
Order to be Prepared By Clerk: Attorney:
8625 S. 12th Ave, comp sold for $365.000 - 8905 S. 12th ave