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Case #BP122665 - LASC
APPEAL MATTERS HAVE BEEN SETTLED BY A HIGHER COURT
Case #B241450 - 2nd Court of Appeals
Probate Notes
Honorable Clifford L. Klein Connie Hudson , Deputy County Clerk , Deputy Sheriff Paula Renteria CSR 9374 , Reporter BP122665 1041 THELSEY L. FULLER TRUST DATED JULY 23, 2008 Trust Proceedings Compel Accounting Petitioner(s): Fuller, Robert Fuller, Doris Attorney(s): Oldman, Marshal A., Esq. Continuance Number: 2 Continuance From: Tuesday, July 22, 2014 Last Date Changed: Friday, October 3, 2014 03:59 PM Last Note Changed By: DHORTON 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 1/24/14 PRIOR ORDERS: cont to 10/14/14; cont to 7/22/14 -tee to file acct by 6/23/14 and pay bond premium SUMMARY: petnrs (2) are tr benes (2 of the settlor's 5 adult children) tee is Patrick John Barnitt (appted per crt order dated 3/7/12) 30 day ntc ok Atty decl filed 5/2/14 FACTS: Thelsey L. Fuller Tr estab 7/23/08. Thelsey died 8/26/09. The tr benes are the settlors 5 children (Petnr Robert, Petnr Doris, and Steven, Sandra and Shirley). The tee, pursuant to court order dated 3/7/12, is Patrick John Barnitt. Tee is bonded in amt of 350,000 The tee has never provided an acct, although he was appted 2 years ago. Petnrs made a written demand for an acct on 9/12/14 and the tee has not responsded. Petnrs seek an order compelling the tee to file an acct for the period of 3/7/12 through the date of the order for the acct. The appeal also concerns the validity of an amendment. Petnrs seek an order that the tee be restrained from dist the tr assets before the appeal is decided. Petnrs alleg there is a reasonable probability that the petnrs will prevail in their appear. MATTERS TO CLEAR: N/A **************************************************************** OBJECTIONS filed 2/3/14 OBJECTOR is Patrick John Barnitt Atty is Jeanne M. Fitzgerald SUMMARY: Objector is tee (RESIGNATION filed 4/3/14) NTC OF NON PAYMENT OF BOND PREMIUM (5,895) filed 4/2/14 FACTS: objector was waiting for the final acct from prior tees (petnrs) before preparing his own acct. Alleg he has no trust funds or any documents relating thereto. Objector believes the tr owns interests in 2 parcels of r/p, plus money owed by petnrs. The trust's 50% interewst in r/p will be sold pursuant to court confirmation (hring was 4/3/14). petnrs and their relatives reside rent free in the trust's Inglewood residence. objector filed resignation on 4/3/14 MATTERS TO CLEAR: A. Has tee filed petn to approve resignation and appt succr? supp reqd. ******************************************************************* RELIEF: 1. JTD compel tee Patrick John Barnitt to file an acct for the period of 3/7/12 - date of court order compelling acct; 2. JTD that the tee be restrained from dist the assets of the tr until petnrs' appeal is decided; 3. JTD atty fees/costs 4. JTD OBJECTIONS P/A COMMENT: see prior orders and acct on calendar this same date. dhorton@lacourt.org dgh 4/30/14 7/18/14 10/3/14 RECOMMENDED DISPOSITION:RELATED ITEMS: 1042,1043 Order to be Prepared By Clerk: Attorney: Department LA 11 Court Convened at: 08:30 AM 10/14/2014 Honorable Clifford L. Klein Connie Hudson , Deputy County Clerk , Deputy Sheriff Paula Renteria CSR 9374 , Reporter BP122665 1042 THELSEY L. FULLER TRUST DATED JULY 23, 2008 Trust Proceedings FINAL REPORT & FEES Petitioner(s): Barnitt, Patrick Attorney(s): Fitzgerald, Jeanne M. Continuance Number: Continuance From: Last Date Changed: Monday, October 6, 2014 11:08 AM 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.LACourt.org. PRIOR ORDERS: Petn filed 6/19/14 SUMMARY: Petnr is former succ tee Ntc/copy ok First and final account covers 3/7/12 to 6/5/14 POH: 603,783 (no cash) FACTS: Court order dtd 9/17/14 approved petnr's resignation and appointed Tala Davis as succ tee. Tor d/d 8/26/09; he was survived by his children: Sandra Arnold, Shirley Ritchie, Doris Fuller, Robert Fuller and Steven Fuller. MATTERS TO CLEAR: n/a RELIEF: ARA; 1,796.33 petnr costs (allowed only due to no cash in estate) (not as prayed) PA COMMENTS: RFA (not as prayed) pshirreffs@lacourt.org PS 10/6/14 (#1042) RECOMMENDED DISPOSITION: RFA (NOT AS PRAYED) (PS)RELATED ITEMS: 1041, 1043 Order to be Prepared By Clerk: Attorney: Department LA 11 Court Convened at: 08:30 AM 10/14/2014 Honorable Clifford L. Klein Connie Hudson , Deputy County Clerk , Deputy Sheriff Paula Renteria CSR 9374 , Reporter BP122665 1043 THELSEY L. FULLER TRUST DATED JULY 23, 2008 Trust Proceedings ALLOWANCE OF FEES Petitioner(s): Arnold, Sandra Ritchey, Shirley Attorney(s): Randall, Teddie J., Esq. Continuance Number: 1 Continuance From: Thursday, July 24, 2014 Last Date Changed: Thursday, October 2, 2014 06:19 PM Last Note Changed By: SSAITO 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 4/9/14 PRIOR ORDER 7/24/14 cont TALA DAVIS APPTD INTERIM TRUSTEE PER 6/25/14 order FEE WAIVER OBTAINED APPEAL IS PENDING DECD TRUSTOR'S INTESTATE PROBATE ESTATE IS AT BP118616- DAVID LAVIN IS ADMIN THERE-TERMINATED RELATED CONSERVATORSHIP OF SPOUSE OF DECD TRUSTOR EDWINA FULLER AT BP099211 ORDERS ISSUED THERE ARE DIRECTED TO THIS TRUST FINAL ACCT OF PATRICK BARNETT FILED 6/19/14 ON CALENDAR SUMMARY Patrick Barnett is trustee- bond $350,000 ntc and copy trustee Patrick Barnett and his atty filed ntc and copy interim Trustee Tala Davis filed supp filed 8/14/14 Does not clear FACTS: petnrs are alleged trust benes petning for atty fees. alleges they are prevailing parties on action resulting is judgment against R Fuller and d Fuller for $235000 that has Not yet been collected and judgement is ON APPEAL. Atty fees of $42575 at $450.00 per houi requested. MATTERS TO CLEAR C Did this decd trustor have addl issue, namely Thelsey D Fuller, La Nelle Fuller and Tyrone T Fuller. Are they pretermitted? supp alleges not issue of decd trustor? how are they related to decd trustor? D All Waived court assessments to be ordered paid E Will outcome on judgment on appeal as well as collectabiltiy of judgment determine value of atty services alleged? supp alleges will determine-should determination of fees be deferred until outcome of pending appeal? F How are requested fees to be paid? acct filed reflects no cash-see supp alleges will requests fees be paid by Doris and robert Fuller G Has trustee complied with prior orders issued as to payments owed spouse's consorship? supp alleges no H Are there any other related matters pending? BP 099211 AND COURT OF APPEALS CASE NUMBERS B241450 and B241452 addl supp required RELIEF 1JTD atty fees $47575 2JTD addl orders -all fee waivers obtained by petnrs to be ordered paid PA COMMENTS; addl supplement required SSaito@LASuperiorCourt.org SS 7/21 10/2 RECOMMENDED DISPOSITION:RELATED ITEMS: 1041,1042 Order to be Prepared By Clerk: Attorney: |
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