Probate Notes - LASC BP099211 for 11 August 2014

First off, had Mr. Thelsey L. Fuller been placed on the witness stand these cases would have been over a very long time ago and all of the attorneys involved would have collected a whole lot less in attorney fees.

There is no deposition or testimony by Thelsey L. Fuller.  He wasn't even allowed to be present during mediation. He was not deposed and he was not called to the witness stand.

Steven A. Fuller and Sandra Jones Anderson had 15 months to place the man whom they were suing on the witness stand which they failed to perform.

It is alleged that Atty. Anderson and Atty. Lak drug the case out in order to inflate their attorney fees.

Continuance, continuance, continuance, after continuance ruled the day.

Probate Notes

Department    LA    11     Court Convened at:    08:30 AM    08/11/2014
Honorable Lesley C. Green
Connie Hudson , Deputy County Clerk     , Deputy Sheriff
Paula Renteria CSR 9374 , Reporter

BP099211       1019     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: Thursday, June 12, 2014

Last Date Changed: Tuesday, August 5, 2014 09:36 AM

Last Note Changed By: VSHARPE

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 8/11/14 ; Cont to 6/12/14. Cont to 3/6/14 to clear notes. 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
supp filed 10/23/14
ntc to bond services ok

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.

There are several w/drawals for which not purpose is stated. Petnr alleges, per supp, consee was constantly underfunded & funds were contributed by the consr. "Not enough funds to cover all expenses thus necessary Conservator to shift funds to pay via bank card." ???

There are several disbursements w/out any payee or purpose stated. Supp alleges these were usually cash disbursements for necessary support, food, personal items.

MATTERS TO CLEAR:

*******************************
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.
*******************************

RELIEF:
1. JTD consr fees, 10,000 (836.5 hrs at 12/hr). COMMENT: Petnr has attached to the end of his supp detail re the services provided to the consee (consr's mother); appears reasonable.
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)(6/06) VS 8/5/14
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1020

Order to be Prepared By     Clerk:     Attorney:




Department    LA    11     Court Convened at:    08:30 AM    08/11/2014
Honorable Lesley C. Green
Connie Hudson , Deputy County Clerk     , Deputy Sheriff
Paula Renteria CSR 9374 , Reporter

BP099211       1020     FULLER, EDWINA - CONSERVATORSHIP    
CONSERVATORSHIP-PERS
ALLOWANCE OF FEES

Petitioner(s): ANDERSON, SANDRA J., ESQ.

Attorney(s): ANDERSON, SANDRA JONES, ATTORNEY A

Continuance Number: 6     Continuance From: Thursday, June 12, 2014

Last Date Changed: Tuesday, August 5, 2014 09:32 AM

Last Note Changed By: VSHARPE

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 8/11/14 < to resolve>; Cont to 6/12/14 (report on appeal). Cont to 3/6/14 to clear notes. Cont to 12/2/13. Cont to 7/16/13

SUMMARY:
Petnr is former atty for consr
supp filed 1/23/14

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 does not allege the amt of time expended on the 850 petn.

**************************************************
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 note

mguayante@lasuperiorcourt.org
MG(6/21/13)(7/10)(11/21)(1/15/14)(6/06) VS 8/5/14
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1019

Order to be Prepared By     Clerk:     Attorney:

http://www.lasuperiorcourt.org/ProbateNotes/

Deposition, Testimony of Mr. Thelsey L. Fuller

There is no deposition or testimony by Thelsey L. Fuller.  He wasn't even allowed to be present during mediation. He was not deposed and he was not called to the witness stand.

Steven A. Fuller and Sandra Jones Anderson had 15 months to place the man whom they were suing on the witness stand which they failed to perform.

It is alleged that Atty. Anderson and Atty. Lak drug the case out in order to inflate their attorney fees.

Continuance, continuance, continuance, after continuance ruled the day.

For over an entire year, Mr. Thelsey L. Fuller was never allowed to be asked or answer one question on the record regarding his wife - Mrs. Edwina J. Fuller, his desires, his children or his assets.

The fact that Thelsey L. Fuller and Odessa Gaines did not act as a married couple and instead maintained separate bedrooms over the entire course of their relationship is not part of any testimony.

But, instead the claims by Robert and Doris of a husband wife relationship between the pair.  I suggest that they were roommates and very close friends that looked out for one another.

Daddy came and went as he pleased, seeing other women including his wife.

Robert and Doris have not paid the bond as required in regards their appeal.

California Court of Appeal Second District - B241450

California Community Property Laws, Family Law section 760. “Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property” and again, Probate Code Section 100-103 clearly provides that assets acquired during the course of a marriage are presumed to be community unless proven to be separate by the one claiming separate property."

It is not like our parents were married briefly, they were married for 72 years. The Court had within its power to immediately restrain the assets and by doing so would have protected the Conservatee and the Respondent from financial elder abuse.

Thelsey L. Fuller and Edwina J. Fuller were never divorced or legally separated and no evidence has been presented otherwise.

The lack of a restraining order left both parents vulnerable to elder abuse, financial elder abuse, fiduciary abuse, conspiracy, theft and fraud; which is exactly what took place.

Attorney Daniel k. Lak had refused to give the Conservatee, Edwina Fuller, Thelsey L. Fuller’s 92 year old widow, a copy of her husband’s Trust when requested in writing until so ordered by the Court. These actions are in direct violation of Probate Code Section 16061.7 and may be in violation of elder abuse laws under Welfare and Institutions Code, Section 15610.30 as well.

The Supreme Court has ruled and has reaffirmed the principle that "justice must satisfy the appearance of justice", Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954); again Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985; (2) mitigate the damages caused by the Court by issuing a Court order to protect the remaining assets; (3) the Court has within its power to order funds that were removed before the Court could rule on them, be brought back and deposited with the Court along with any penalties; (4) issue an injunction that would prevent the further transfer of real property to another party until a ruling is made by the Court; and (5) launch an investigation into the improper actions of Attorney Daniel K. Lak, Robert L. Fuller, Doris A. Fuller Stewart.

http://benamarine.blogspot.com/2012/02/testimony-of-thelsey-l-fuller-bp099211_04.html

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