Showing posts with label CONTEMPT OF THE COURT. Show all posts
Showing posts with label CONTEMPT OF THE COURT. Show all posts

08 August 2015

Estate of Edwina Fuller; Where are the Bank Statements, Supplement to Accounting


[Department    LA    5     Court Convened at:    1:30 PM    8/12/2015]

Dear PA Matthew Osborne,

This email is to notify you as the Probate Attorney that I have not received copies of the Supplement to Accounting filed with the Court on 06/09/2015 nor the bank statements in regards to the Estate of Edwina Fuller which were requested of Atty. Randall and Steven Fuller almost a year ago.

Please see attached.

The lack of transparency by Atty. Randall and Mr. Fuller in regards to this estate is very unsettling, very disturbing, criminal. 

Warmest regards,
-------

(Teddie J. Randall & Steven Fuller)
Know that I will seek further action against both of you with the proper authorities for your failure to provide the information requested in regards to the Estate of Edwina Fuller.
-------

I have explained this to you before and the court has informed you.  You are not an attorney,  nor do you represent any one in this action.  I will not be providing you with any documents.  You have a right to request any documentation from the administrator,  Mr. Steven Fuller.

Attorney T. Randall
-------

You are correct - I am not a shyster, a liar, and or a thief.

I can't say the same about you counselor.

I would not have needed to attempt to look out for my mother's best interest via a limited power of attorney [find attached] if you were above board, open, and honest.

My mother wants a copy, I'm sure she's entitled to it.

She has alleged that you will not respond to her, don't answer her calls nor return them. 

That is your pattern as far as she is concerned.

I already know that you took advantage of her and my Aunt Carol.

So, what are you hiding?

That said, mail her a copy....
-------------------------------------------------------

Probate Notes
Department    LA    5     Court Convened at:    1:30 PM    8/12/2015

Honorable Maria E. Stratton
D. Gonzalez , Deputy County Clerk     L. Ruiz , Deputy Sheriff 
C. Peters, CSR 5667 , Reporter

BP135381       5003     FULLER, EDWINA - DECEDENT    
Letters of Administr  
FNL ACT/FEES/EXTRA FEES & DIST
Petitioner(s): Fuller, Steven  
Attorney(s): Randall, Teddie J., Esq.  
Continuance Number: 2     Continuance From: Monday, July 20, 2015
Last Date Changed: Tuesday, July 28, 2015 5:13:17 PM
Last Note Changed By: MOSBORNE

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.

Petition filed 3/3/15

PRIOR ORDERS: Cont to 8/12/15 @ 1:30 p.m.

SUMMARY:
Petnr is decd's son/admr Ltrs 3/6/13 D/D 6/2/12
1st & Final Acct 6/2/12 to 2/28/15
[Assets on hand $21,82087 - cash only]

Supp filed 6/9/15

OTHER CASES: Thelsey L. Fuller Trust dtd 7/23/2008 at BP122665 (Said trust was other owner of 50% interest in R/P located at 1916 Belhaven Avenue, Los Angeles, CA that was sold herein) - next hrg set for 7/8/15; Decd's cshp previously in BP099211; Estate of decd trustor Thelsey L. Fuller at BP118616 (terminated per 5/17/12 minute order)

MATTERS TO CLEAR: N/A

*****************************
Objs filed 4/17/15; Amendment to objs filed 5/1/15
Objr is Sandra Arnold through her agent Michael L. Long (self represented)

SUMMARY:
Objr is atty in fact for decd's daughter Sandra Arnold
Objs served

MATTERS TO BE CLEARED: N/A

ARGUMENT: Objr alleges he was granted a limited pwr of atty in 11/13 by Sandra Arnold, a beneficiary of the Thelsey L. Fuller Trust and this estate.

Objr alleges the accounting is fatally flawed in that the Thelsey L. Fuller Trust, [BP 122665], via atty Tala R. Davis as succr tee of the Thelsey L. Fuller Trust, paid $107,692.30 to the this estate with a certified cashier's check from Comerica Bank dated 09/29/2014 to Steven Fuller as conservator of the estate and person of Edwina Fuller and said monies have not been accounted for.

Objr alleges that those funds were misappropriated and converted by petnr Steven Fuller with the help of atty Teddie J. Randall and that by failing to properly give an accurate and honest accounting to the court constitutes fraud, theft, conversion and financial elder abuse against the beneficiaries of this estate.

*****************************
*****************************
Objs filed 6/10/15
Objr is Sandra Jones Anderson (self-represented)

SUMMARY:
Objr is former atty for Steven Fuller as consr of the pers & est in BP099211
Objs verified & served

MATTERS TO BE CLEARED: N/A

ARGUMENT: Objr, as the former atty for consr Steven Fuller, filed a petn for fees after becoming aware that her former client Steven Fuller had, without notice, consulted another attorney to prepare and file the Second Account and Final Account and Report of the cshp. Said 2nd & Final Acct for the cshp omitted any reference to objr's srvcs or to the costs advanced by the objr on behalf of the cshp estate. The acct did indicate that the cshp had an ending balance of $192,837.50 of which $145.29 was cash, $85,000 in real property and $107,692.30 in a judgment in favor of the cshp.

Per 11/18/14 order approving Steven Fuller's final acct as consr, Fuller was authorized and directed to pay objr the sum of $14,951 for atty fees and $161 for costs advanced. Despite this order, objr has not been paid.

Objr has confirmed that Steven Fuller as consr of th eestate received payment of the judgment in the amt of $107,692.30 on or about 9/30/14.

*****************************

RELIEF:
1. JTD account, report
2. JTD statutory commissions & attorneys fees $3,065
3. JTD extraordinary attorney's fees $12,845 (30.10 hrs)
4. JTD extraordinary commissions $1,000

5. JTD objections by Sandra Arnold:

a) that the court order Steven Fuller and atty Teddie J. Randall to account for the $107,692.30 paid to the Estate of Edwina Fuller by the Estate of Thelsey L. Fuller and to deposit same into a blkd account along with any other monies belonging to the Estate of Edwina
Fuller;

b) that the court order that any monies not accounted for and or produced by Steven Fuller and atty Teddie J. Randall be held against them; that they be jointly and severally liable for all missing monies and that those missing monies be recovered from any fees claimed by them against the Estate of Edwina Fuller;

c) that the court reject and deny the 1st and Final Rept and Acct, as well as any and all acts and proceedings of the admr;

d) that the court deny any payments to Steven Fuller, Teddie J. Randall and Randall & Associates or any other creditor until such time as a proper and accurate accounting is conducted and then reviewed by the court and all parties involved;

e) that the court deny the proposed distribution;

f) that the court find that Steven Fuller and atty Teddie J. Randall attempted to mislead the court, are in contempt of court and committed perjury in regards to the accounting;

g) that the court find that atty Randall, after being notified of the objections to the sale of the Belhaven Ave. property below fair market value, failed to oppose the safe of the Belhaven Ave. property causing a financial loss to his clients, Shirley Ritchey and Sandra Arnold in regards to the Thelsey L. Fuller Trust in the amount of $20,875;

h) that the court find that atty Randall has a conflict of interest in the various court cases, BP09921 et. al;

i) that the court consider the complaint filed against atty Randall with the State Bar, inquiry #14 18164 [pending] for his failure to provide adequate legal representation to his client(s) Sandra Arnold and Shirley Ritchey but, instead provided legal services geared mainly to benefit the designs of Steven Fuller thus causing a financial loss to all less Steven Fuller;

j) that the court consider Exhibits 1 12 attached to the objs as background info as to the objs and the allegations contained in the objs when making its determination as to the distribution

k) that the Court force Steven Fuller, admr, to give an accounting for the alleged life insurance policy of Edwina Fuller

5. JTD Sandra Arnold's amendment to objs filed 5/1/15: That the court revisit, rescind and or revise the award of $124,700 to claimant/petitioner, Steven Fuller, also known as Steven A. Fuller

6. JTD objections of petnr's former attorney Sandra Jones Anderson: a) an Order directing Steven Fuller as the former consr of the estate of Edwina Fuller, and now the admr of the estate of Edwina Fuller to pay to Sandra Jones Anderson, former attorney for the cshp of
Edwina Fuller, the sum of $14,951 for attorney fees and $161.00 for costs advanced by objr for her services to the cshp of Edwina Fuller in Los Angeles Superior Court Case No. BP 099211, pursuant to the 11/18/14 Order of the Court

o/w reimb petnr's costs $770; dist ok

PA COMMENTS: Has petnr provided objr with a copy of request bank statement?

mosborne@lacourt.org MO(6/2/15)MO(7/27)
RECOMMENDED DISPOSITION:
RELATED ITEMS:
Order to be Prepared By     Clerk:     Attorney: 



31 March 2015

ESTATE FRAUDS ! ! !

After Lying and Embezzling from Her Mother’s Estate, Daughter is Jailed

Be Alert for Warning Signs

If You Suspect Fraud

If you are the beneficiary of an estate and think the executor is being dishonest, there are several steps you can take.
Consider getting an independent opinion from a probate lawyer who’s not involved in the estate. The attorney can review the last will and testament, probate court filings and any correspondence you’ve had with the executor in an effort to determine whether something is amiss.
Your lawyer can also take your concerns and available evidence to the probate court that’s overseeing the estate or local law enforcement authorities. After they review the evidence, they may decide to take legal action. This could include issuing a court order that requires or forbids the executor from performing certain actions, removing the executor and appointing a replacement, or filing criminal charges.
Regardless of the probate court or law enforcement’s actions, you may also have grounds for a civil lawsuit against the executor. Your probate lawyer can review your situation and tell you if this is a viable option.

Fraud

Sometimes fraud concerning a will or estate isn't discovered until after probate has closed. While the case could be reopened in probate court and a plaintiff could then sue for fraud or undue influence, another remedy, the tortious interference with an expectancy of an inheritance or a gift, has some advantages over a will contest:
Not only is the statute of limitations generally longer for tort actions, but the running of the statute doesn't begin until the discovery of the tort or when it should have been discovered, whereas the statute of limitations for will contests starts when the testator dies.
The tort challenge will not fall under no-contest clauses, since a tort challenge is an in personam action against the tortfeasor but a will contest is an in rem action against the probate estate; hence, a tort action is not considered a will contest, so that if the challenger were a beneficiary under the will that had a no-contest clause, then he would still receive the property even if he loses the tort suit. (If the challenger is not a beneficiary under the will, then he has nothing to lose from a no-contest clause.)
The tort action may be the only remedy available to someone who is neither an intestate heir or beneficiary under the will, since only plaintiffs with a financial stake under the will or intestacy will have legal standing in a will contest.
Because the tort action is in personam, the tortfeasor is personally liable for damages, so the plaintiff can still recover even if the probate property is not available. Furthermore, the successful plaintiff in a tort action can recover pre-judgment interest, attorney's fees, and punitive damages—none of which are recoverable in a will contest.
A lower standard of proof is required. Because the testator is dead, will contests require clear and convincing evidence while a tort action only requires a preponderance of the evidence.
HOW TO HELP SPOT A FRAUDULENT WILL
(AND OTHER FORMS OF ESTATE THEFT)

First, the only direct witness is usually dead by the time the theft is discovered. Young and healthy people are rarely targeted for estate theft. Unfortunately, the terminally ill and elderly are typical targets. They are the most vulnerable and the expected payoff is not far off. Stealing from a person who is physically and mentally weak is far easier than a person with all their faculties and health.

Second, estate theft is often undetected. As stated above, the only direct victim is usually dead by the time the theft is discovered. A case for estate theft is often made out entirely by circumstantial evidence. The family of the deceased victim often accepts an inexplicable/illogical estate plan as “Mom’s wishes”. The family does not know what to look for or how to properly investigate potential theft.

Third, estate theft is almost never prosecuted. The legal burden of “beyond a reasonable doubt” for a criminal conviction is nearly impossible to prove in estate theft cases. Prosecutors often have no choice but to rely on the civil justice system to remedy the theft. Without the threat prosecution, thieves have little deterrent. The Brooke Astor case is a very high profile, but rare, example of criminal charges being filed in a case of alleged estate theft.

http://www.dcandmdprobatelawyer.com/fraud.htm


Misappropriation [Embezzlement] of Estate Assets - $107,692.30


SUPERIOR COURT OF THE STATE CALIFORNIA FOR THE COUNTY OF LOS ANGELES

In Re the Estate of EDWINA FULLER CASE NO. BP 135381

http://benamarine.blogspot.com/2015/03/misappropriation-embezzlement-of-estate.html


PENAL CODE 
SECTION 368-368.5


CALIFORNIA

Good luck with that!





25 March 2014

Elder Abuse Victim's daughter charged with murder


Linda Raye, 58, faces murder and elder abuse charges in the 2012 death of her mother. Raye was the paid in-home caregiver for her mother.

A 58-year-old woman has been charged with murder and elder abuse
in the 2012 death of her 85-year-old mother.

Riverside Police arrested Linda Raye Thursday after an extensive
investigation into her mother’s death. Raye was the paid in-home 
caregiver for her mother, who died as a result of severely infected 
open wounds.



Let's review: Stage III - Stage IV Pressure Ulcer  [Mr. Thelsey L. Fuller had four]


Robert L. Fuller & Doris A. Fuller aka Doris Fuller Stewart have not been charged, nor have they been held accountable.

No attorney or Trust Administrator has filed an Order to Show Cause in order to hold the abusers accountable for violating the Court's Orders - repay in excess of $235,000.00 turn over Trust assets i.e. 8625 S. 12th Ave.

Fair market rent for said real estate is $1,800.00 dollars per month, the Court's decision was rendered in January 2012. The actions of the abusers have caused the Trust to lose in excess of  $46,800.00 because they decided that Ijnanya could live in the home rent free instead of obeying the orders of the Honorable Judge Marvin M. Lager.

*One of the Trust assets is currently pending approval of sale by the Court for below fair market value in order to satisfy attorney demands for payment of fees. 1916 N. Belhaven Ave.


Case Number:  BP122665
FULLER, THELSEY L. - TRUST
Future Hearings

04/03/2014 at 08:30 am in department 11 at 111 North Hill Street, Los Angeles, CA 90012

TRUST - OTHER (PETN TO HAVE PROPOSED ACTION TAKEN AS PROPOSED (SALE OF REAL PROPERTY))


http://www.lasuperiorcourt.org/civilcasesummarynet/ui/casesummary.aspx?


27 January 2013

Honorable Leroy D. Baca, Sheriff. L. A. County


CERTIFIED MAIL RETURN RECEIPT
70083230000172782811

14 February 2011

Honorable Leroy D. Baca, Sheriff
Los Angeles County Sheriff’s Department
4700 Ramona Blvd.
Monterey Park, CA 91754-2156

Re: ELDER ABUSE, FINANCIAL ELDER ABUSE

Honorable Sheriff Baca,

I am writing to you in hopes that someone will explain to the family of Mr. and Mrs. Thelsey L. Fuller as to why the L. A. County Sherriff’s Department refuses to investigate a blatant case of elder abuse, financial elder abuse.

I initially contacted the Sheriff’s Department [Compton] on 08 August 2009, in regards to the condition and location of Mr. Thelsey L. Fuller, my 92-year-old maternal grandfather.  I spoke with Deputy Anderson at approximately 9:20 PM (EST), Incident #170, File #14014.

I spoke with a detective [LAPD] last week for well over an hour. Any criminal investigation would have to be done by the L. A. Sheriff's Department as Daddy was living in Compton at the time of these crimes.

Please find a portion of the documents, which I believe support the elder abuse, financial elder abuse of Mr. Thelsey L. Fuller and Mrs. Edwina J. Fuller.  Keep in mind that his abusers had the motive, opportunity and the means necessary to carry out their various crimes.

Thanking you in advance,

Copy – President Barack Obama & Others

Mr. Thelsey L. Fuller's Pressure Ulcers










http://www.medicaledu.com/images/pressur4.jpg

ABUSERS OBJECTIONS


"Take me to the bank!"
"Oh, Daddy... you don't need to go to the bank."

26 January 2013

Job 24:14, plus Week-End Movie




"The murderer rising with the light killeth the poor and needy, and in the night is as a thief."

Robert Lewis Fuller and Doris Aleda Fuller a.k.a. how many different names she is known to use... 

Introducing their new attorney:

Paul Kujawsky [2nd Appellate District CA case B241450/2]
Law Offices of Paul Kujawsky
5252 Corteen Place No. 35
Studio City, CA 91607

818.389.5854

Pres. Obama, Gov. Brown & Others... Robert Fuller, Doris Fuller & Others are still at large.

ELDER ABUSE IS A CRIME! 

No it ain't!

Now our week-end movie...


The Long Ships




Sidney Poitier, Richard Widmark


15 December 2012

Defendant's Appeal, Re: Edwina Fuller v. Fuller et al.



12/14/2012 -- Appeal dismissed for failure to file opening brief.
Defendant and Appellant: Fuller, Robert
Attorney: Daniel K. Lak

Defendant and Appellant: Fuller, Doris
Attorney: Daniel K. Lak



In 2003, I realized that there was a problem brewing in the family
and I asked Mr. Thelsey L. Fuller - my maternal grandfather -- to
put something in place to protect he and his wife, Edwina, which he
failed to do.

In June of 2006, Mr. Steven A. Fuller filed Case No: BP099211,
Conservatorship of Mrs. Edwina J. Fuller, my maternal
grandmother, in the Superior Court of California, County of Los
Angeles.  Steven had been taking care of Edwina for over 15 years
before filing for conservatorship.

In November of 2007, Thelsey asked me if I were ever coming home
and I explained to him that since he had asked, “No, that it was
never my intention to return to California for any reason.”  He then
asked me to come home for Christmas, I agreed.  However, once
learning that I was coming home to spend Christmas with my
grandfather I received veiled threats from Robert L. Fuller and on
behalf of Doris A. Fuller.  I then canceled my trip, knowing that it is
easy to get in trouble and hard to get out.

In early 2008, I learned from my grandfather, Mr. Thelsey L. Fuller
that family members were beginning to manipulate him.  He
informed me that he was giving all of his adult children save Steven,
$1,000.00 per month.  He also told me that they would not come
to see him and when they did come by they expected to be paid.
Recalling the exchanges that I had with Robert L. Fuller in regards
to my grandparents and their assets I then advised Steven Fuller to
move to protect Edwina Fuller’s interest.

On May 12, 2008 Steven Fuller filed a petition to determine
ownership on a property located in Inglewood and belonging to my
grandfather as a “single man.”

Now, from what I understand Robert L. Fuller and Doris A. Fuller
aka Doris Fuller-Stewart aka Doris A. Stewart aka Ijnanya Fuller
hired ATTY. DANIEL KRISTOF LAK to represent Thelsey in
the PC 850.  No response was made to the PC 850 until after my
grandfather had signed several documents; Power of Attorney,
Trust, Trust Amendment, several real estate documents and turned
over his bank accounts to his abusers, Robert & Doris Fuller.
Their response to the PC 850 was filed five months later in October
of 2008.

"Their response to the PC 850 was filed five months later in October
of 2008."  Which would have been beyond the time limit for them to respond

It has come to my attention that DANIEL KRISTOF LAK used
the same notary, Fiona Cherrie, on at least five documents that
were allegedly signed by my grandfather, Mr. Thelsey L. Fuller.
I had also learned that DANIEL KRISTOF LAK was a defendant
in US Court, Clark County Nevada for slander of real estate title
and is currently facing disciplinary action with the California State
Bar Court.

I believe that DANIEL KRISTOF LAK has a conflict of interest
in deciding to represent Robert and Doris Fuller in the civil cases
moving through the Courts as my grandfather Mr. Thelsey L.
Fuller as his client never had the opportunity to be asked or
answer any questions in open court as to his desires for his wife,
Edwina Fuller, his other children – Shirley, Sandra and Steven or
his assets.  But, instead the wishes and desires of Lak's clients
Robert and Doris Fuller as it was when they hired DANIEL
KRISTOF LAK claiming that they hired him on behalf of Mr.
Thelsey L. Fuller.

It must be noted that DANIEL KRISTOF LAK’s clients, Robert
Lewis Fuller  and Doris Aleda Fuller were found by the Court to
have committed fraud, undue influence, financial elder abuse and
were ordered to repay the Estate of Mr. Thelsey L. Fuller in
excess of $235,000.00 and to turn over all Trust Assets (real
estate) which they have refused and failed to do to this day.

It must be noted that my very first reaction to learning about the
events that were visited upon my beloved grandparents, Mr. and
Mrs. Thelsey L. Fuller (Edwina) by Daniel K. Lak and his clients
was to report Attorney Daniel K. Lak to the California State Bar,
Office of the Chief Trial Counsel, Inquiry Number: 09-20908.



http://appellatecases.courtinfo.ca.gov/search/case/briefing.cfm?dist=2&doc_id=2015255&doc_no=B241452