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ELDER ABUSE IS A CRIME?
Res ipsa loquitur
"Of all the illegal and illicit enterprises in the world, elder exploitation is among the safest and most profitable."
“All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke
Reach one, teach one.
"They made us many promises, more than I can remember. But they kept but one--They promised to take our land...and they took it." - Mahpíya Lúta (Red Cloud)
"Si vis Pacem, Para Bellum - If you want Peace, prepare for War."
"Fall Down Seven Times, Stand Up Eight."
"Don't stop until your good is better and your better is best... your best is the best there is!"
Journalism is a method of inquiry and literary style that aims to provide a service to the public by the dissemination and analysis of news and other information. Journalistic integrity is based on the principles of truth, disclosure, and editorial independence. Journalistic mediums can vary diversely, from print publishing to electronic broadcasting, and from newspaper to television channels, as well as to the web, and to digital technology.
In modern society, the news media is the chief purveyor of information and opinion about public affairs. Journalism, however, is not always confined to the news media or to news itself, as journalistic communication may find its way into broader forms of expression, including literature and cinema. In some nations, the news media is still controlled by government intervention, and is not fully an independent body.
In a democratic society, however, access to free information plays a central role in creating a system of checks and balance, and in distributing power equally amongst governments, businesses, individuals, and other social entities. Access to verifiable information gathered by independent media sources, which adhere to journalistic standards, can also be of service to ordinary citizens, by empowering them with the tools they need in order to participate in the political process.
Plaintiff alleges as a result of Defendants' wrongful actions, Plaintiff lost his home, car, driver's license, and State Bar license, thereby "preventing him from earning a living" and "result[ing] in Plaintiff becoming homeless, living in the streets, suffering from severe depression, anxiety, and [Post-Traumatic Stress Disorder] PTSD." Id. ¶¶ 10-11, 13-15, 78, 87, 125-26, 139, 153, 175. https://www.leagle.com/decision/infdco20171106604 Karma is a bitch! Daniel got his. I can't wait for you to get yours. BAM! ¤º°`°º‹(•¿•)›º°`°º¤
This was what an elderly woman recovering from heart surgery told her AARP representative. Shaking in fear, she said she had received a telephone call from the Internal Revenue Service warning her that she was behind on her taxes and would be put in jail if she did not pay immediately.
It wasn't the IRS. It was an impostor looking to gain access to her financial information.
I am not an attorney, I am not a liar and I am not a thief....
The agreement set Teddie Randall's fees at $350.00 per hour. He is charging $450.00 per hour.
Randall provided no services that benefited my mother but, instead his services strictly benefited Steven Bain [Steven Fuller aka Steven A. Fuller] which Randall would have performed had my mother not been involved in the litigation.
My mother was used because of her low income status in order that Steven Bain and his attorney could further his litigation by using her in order to file documents with the Court via fee waivers which she is now on the hook for....
Financially abused and taken advantage of....
MY MOTHER IS A VICTIM!
More to come.
Probate Notes
Department LA 67 Court Convened at: 8:30 AM 7/8/2015
Honorable David Cunningham
S.L. Williams , Deputy County Clerk R. Hoffman , Deputy Sheriff
S. Baker, CSR 9249 , Reporter
BP122665 1034 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: 6 Continuance From: Wednesday, May 27, 2015
Last Date Changed: Monday, June 22, 2015 9:39:03 AM
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.
petn filed 1/24/14
PRIOR ORDERS: Cont to 7/8/15 for TSC cont to 5/27/15 - Petn to approve settlement to be filed NLT 4/2/15 Objections to be filed NLT 5/1/15. cont to 3/23/15; cont to 1/8/15 - petnr is to file a supplement of fees & costs; 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
atty decl filed 1/5/15 (in support of fees)
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; ( acct ordered at 5/6/14 hearing and on calendar this same date)
2. JTD that the tee be restrained from dist the assets of the tr until petnrs' appeal is decided;
3. JTD atty fees/costs - 3,300 in fees plus 465 in costs (per decl filed 1/5/15)
4. JTD OBJECTIONS
P/A COMMENT: see petn to approve settlement on calendar this same date
Department LA 67 Court Convened at: 8:30 AM 7/8/2015
Honorable David Cunningham
S.L. Williams , Deputy County Clerk R. Hoffman , Deputy Sheriff
S. Baker, CSR 9249 , Reporter
BP122665 1035 THELSEY L. FULLER TRUST DATED JULY 23, 2008
Trust Proceedings
FINAL ACCOUNT & FEES
Petitioner(s): Davis, Tala R., Esq
Attorney(s):
Continuance Number: 2 Continuance From: Wednesday, May 27, 2015
Last Date Changed: Monday, June 22, 2015 9:39:19 AM
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.LACourt.org.
FILED 11/12/14
RELATED MATTERS ON CALENDAR
ESTATE OF DECD TRUSTOR AT BP118616 WAS TERMINATED PER 5/17/12 M.O.
PRIOR ORDERS 5/27/15 cont for TSC.3/23/15 cont., final acct of prior trustee Patrick Barnes approved 10/14/14
SUMMARY
petnr temporary interim trustee per prior order 5/24/14 order
acct period 6/25/14 to 9/30/14
alleges poh $230,384 and per supp judgement against Robert and Doris Fuller
2nd supp filed
supp filed 3/19/15 with inventory of Belhaven r/p $84000
FACTS N/A
MATTERS TO CLEAR
A No order settling acct of prior trustee Patrick Barnes per 10/14/14 m.o. in file-see supp
B What is status re collection of $235,152 judgment against Robert Fuller and Doris Fuller? see supps
G Has there been a determination in decd trustors intestate probate estate BP118616 as to who are decd trustor's issue? no per supp, Determination of who are issue is required
addl supplement required
******
OBJECTIONS FILED BY ROBERT FULLER AND DORIS FULLER
FILED 1/5/15
ATTY FOR OBJECTORS MARSHALL OLDMAN
svd 1/2/15
object to hourly rate of trustee fees requested
******
OBJECTIONS OF ATTY TEDDIE J RANDALL FILED
FILED 2/11/15
not svd?
alleges trustee should be required to collect judgments from Robert Fuller and Doris Fuller that objector has a atty's lien for services to his clients Steven Fuler Sandra Arnold and Shirley Ritchie, and dist pursuant to lien should be made first
*******
OBJECTIONS FILED BY STEVEN FULLER
FILED 3/5/15
ATTY FOR OBJECTO JOHN SETTLICH
svd 3/4/15
objects to fees and requests affirmative relief as to Doris and Robert Fulled and objects to attys lien requests by atty Randall
********
RESPONSE TO OBJECTIONS OF STEVEN FULLED FILED BY INTERIM TRUSTEE DAVIS and response to notice of errata filed 3/16/15
FILED 3/6/15
requests overruling objections
**********
RESPONSE TO OBJECTIONS TO STEVEN FULLER'S OBJECTIONS TO REQUEST FOR LIEN FILED BY TEDDIE RANDALL
FILED 3/16/15
requests overruling objections
**********
RESPONSE OF PETNR TO OBJECTIONS OF TEDDIE RANDALL FILED 3/2/15
requests overruling objections
**********
RELIEF
1JTD acct
2JTD trustee fees $21,735
3JTD distribution of balance of assets
4JTD OBJECTIONS OF ROBERT FULLER AND DORIS FULLER
5JTD OBJECTIONS OF ATTY TEDDIE RANDALL
6JTD OBJECTIONS BY STEVEN FULLER
7 JTD RESPONSE TO OBJECTIONS OF STEVEN FULLER BY PETNR
8JTR RESPONSE TO OBJECTIONS OF STEVEN FULLER BY OBJECTOR TEDDIE RANDALL
9JTD RESPONSE TO OBJECTIONS OF TEDDIE RANDALL
o/w payment of waived fees of Sandra Arnold, and Shirley Carol Ritchey to be ordered paid from their distributive share per supp ok
PA COMMENTS ;addl supplement required-related matters on calendar must be resolved first and appears some relief requested by objectors requires separate pleadings
SSaito@lacourt.org
SS 3/20 5/22 6/22 RECOMMENDED DISPOSITION:
RELATED ITEMS: 1034, 1036-1038
Order to be Prepared By Clerk: Attorney:
Department LA 67 Court Convened at: 8:30 AM 7/8/2015
Honorable David Cunningham
S.L. Williams , Deputy County Clerk R. Hoffman , Deputy Sheriff
S. Baker, CSR 9249 , Reporter
BP122665 1036 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: 5 Continuance From: Wednesday, May 27, 2015
Last Date Changed: Monday, June 22, 2015 9:39:30 AM
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 ORDERS: 5/27/15 cont for TSC MSC J Lager 6/24/15
3/23/15 cont. objections filed by Steven Fuller on 3/5/15 deemed objections to this petn also
,10/14/14 cont.7/24/14 cont
TALA DAVIS APPTD INTERIM TRUSTEE PER 6/25/14 order-her final acct on calendar*
FEE WAIVER OBTAINED
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 APPROVED 10/14/14
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
2nd supp filed 2/11/15
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 judgment
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? supps allege they are not issue of decd trustor? How are they related to decd trustor?
E supp alleges will requests fees be paid by Doris and Robert Fuller-was notice of supp given?
addl supp required
RELIEF
1JTD atty fees $47,575 payable by Doris Fuller and Rober Fuller per supp
2JTD OBJECTIONS OF STEVEN FULLER
o/w payment of all waived filing fees per supp form distrbutive share of those who obtained waivers ok
PA COMMENTS; addl supplement required
SSaito@LASuperiorCourt.org
SS 7/21 10/2 12/22 3/6 5/11 6/22 RECOMMENDED DISPOSITION:
RELATED ITEMS: 1034,1035,1037,1038
Order to be Prepared By Clerk: Attorney:
Department LA 67 Court Convened at: 8:30 AM 7/8/2015
Honorable David Cunningham
S.L. Williams , Deputy County Clerk R. Hoffman , Deputy Sheriff
S. Baker, CSR 9249 , Reporter
BP122665 1037 THELSEY L. FULLER TRUST DATED JULY 23, 2008
Trust Proceedings
APPROVAL - SETTLEMENT AGREEMENT
Petitioner(s): Davis, Tala R., Esq
Attorney(s):
Continuance Number: 1 Continuance From: Wednesday, May 27, 2015
Last Date Changed: Monday, June 22, 2015 9:39:44 AM
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.LACourt.org.
FILED 4/2/15
PRIOR ORDERS 5/27/15 cont for TSC objections of Steven Fuller deemed waived (not timely)
SUMMARY
ntc filed
consent of Michael Long as alleged atty in fact for Sandra Long filed
consent of Shrley (Carol) Rictchey filed
NOTICE OF LIEN BY COURTCALL LLC ON PROCEEDS OF SANDRA ARNOLD FILED 5/29/15*
supp filed 5/18/15 consent of Sandra Arnold by Michael Long her alleged atty in fact filed
FACTS this is a petn requesting approval of alleged settlement agreement
MATTERS TO CLEAR
A No consent of son Steven Fuller, other issue? see objections filed on behalf of 3 other alleged beneficiaries
********
OBJECTIONS FILED BY ATTORNEY TEDDIE RANDALL FILED
FILED 4/30/15
not served?
alleges objector re presented 3 of five benes Steven Fuller, Sandra Arnold and Shirley Ritchey under a contingent fee agreement for 1/3rd of gross recovery amount, alleges Robert Fuller and Doris Fuller are not giving up anyhting because current trsutee can collect their share of the trsut be court order, alleges other benes object to settlement 9but see 2 consents filed) alleges debt of $235000 owed by Robert Fuller adn Doris Fuller would not be dischargeable in bankruptcy
*******
objections to requested fees of att randall filed 6/4/15 by Mitchell Long alleged atty in fact for Sandra Arnold FEE WAIVER OBTAINED-nto served
unless Mitchell Long is an atty at law in California, he cannot appeara in pro per*
********
RELIEF
1JTD approval of alleged settlement agreement
2JTD OBJECTIONS BT TEDDIE RANDALL
3JTD objections to atty fees filed by Mitchell Long*
PA COMMENTS; supp required, unless all other benes are determined and consent recomm DENY W/O PREJUDICE
SSaito@lacourt.org
SS 5/22 6/22
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1034-1036, 1038
Order to be Prepared By Clerk: Attorney:
Department LA 67 Court Convened at: 8:30 AM 7/8/2015
Honorable David Cunningham
S.L. Williams , Deputy County Clerk R. Hoffman , Deputy Sheriff
S. Baker, CSR 9249 , Reporter
BP122665 1038 THELSEY L. FULLER TRUST DATED JULY 23, 2008
Trust Proceedings
DETRM ENTITLEMENT TO ESTATE
Petitioner(s): Davis, Tala R., Esq
Attorney(s):
Continuance Number: 3 Continuance From: Wednesday, May 27, 2015
Last Date Changed: Monday, June 22, 2015 9:39:58 AM
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.LACourt.org.
FILED 9/11/14
PRIOR ORDERS 5/27/15 cont for TSC 3/23/15 cont.1/8/15 cont
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 APPROVED 10/14/14
SUMMARY
petnr is interim trustee per prior order
Patrick Barnett was trustee- bond $350,000
3rd supp filed 5/18/15
2nd supp filed 3/18/15
supp filed 1/6/15
FACTS petnr alleges that Robert Fuller and Dolores Fuller were found to have unduly influence decd trustor, alleges
thay have lost appeal, Remitttitur filed 10/30/14
MATTERS TO CLEAR
A No ntc aff parties-ntc filed 10/21/14 served by petnr is invalid-Notice of continuance filed 4/2/15
new note:
B Appears determination of who are decd's issue should be made in probate estate at BP118616-but per supp that estate was terminated? alleges 5 children of decd trustor survived
********
OBJECTIONS FILED BY ROBERT FULLER AND DORIS FULLER
FILED 1/5/15
ATTY FOR OBJECTORS MARSHALL OLDMAN
svd 1/2/15
alleges all conditions required by PC259(a) for application of PC259(c) are not present; requests denial of petn
*********
RELIEF
1. JTD order pursuant to Probate Code 259(a) that Robert Fuller and Doris Fuller are deemed to have predeceased Decedent
2. JTD order pursuant to Probate Code 259(c) that Robert Fullerand Doris Fuller shall not receive any property, damages or costs to the extent of the judgment against them in the amount of $292,820.66 plus any further accrued interest;
3. JTD order Robert Fuller's and Doris Fuller's respective shares of the trust estate be applied to any property, damages or costs to the extent of the judgment against them in the amount of $292,820.66? plus any further accrued interest;
4. JTD attorney fees and costs
5JTD OBJECTIONS OF ROBERT FULLER AND DORIS FULLER
PA COMMENTS; proper service required
SSaito@lacourt,org
SS 1/7 3/20 5/21 6/22 RECOMMENDED DISPOSITION:
"law enforcement and prosecutors are seeing an increase in the number of incidents of exploitation and abuse against older people.
“People tend to think, ‘It’s never going to happen to me or to my loved one,’” said Rae Vermeal with Arizona Department of Economic Security’s Adult Protective Services.
But just in the past decade, reports of elder exploitation in Arizona are up nearly 50 percent, the agency says."
Let's take a couple of Trust assets free and clear from any mortgage payment requirement. One property estimated to be worth $375,000.00 and the other estimated to be worth $250,000.00. For the sake of argument let's make the combined estimated value of the Trust real estate - two homes -- $500,000.00. The estimated fair market rent on the first home is $1,800.00 per month and $1,500.00 per month on the second. Combined the two homes could potentially generate $3,300.00 per month or for the sake of argument $2,700.00 per month. In the first instance - $500.00 per month could be set aside in an escrow account to pay property taxes, property insurance and property management fees. The remaining revenue generated by the property, $1,300.00 per month could then be distributed to the Trust beneficiaries. The first property would generate $21,600.00 per year in the first scenario at $1,800.00 per month or for the sake of argument $18,000.00 per year. In the second instance - $300.00 per month could be set aside in the escrow account to pay property taxes, insurance and management fees. The remaining revenue generated by the Trust asset, $1,200.00 per month could then be distributed to the Trust beneficiaries. Again, for the sake of argument $1,500.00 per month generated by the first Trust asset; $1,200.00 per month generated by the second Trust asset. The second property would generate $18,000.00 per year at $1,500.00 per month or for the sake of argument $14,400.00 per year. Confused? Now, let's say that the Trust is in debt for $100,000.00 or one or more of the Trust real estate assets is in need of repair -- the Trustee or the Successor Trustee could borrow money i.e. take out a loan against one of the Trust assets and pay off the Trust debt and or make repairs to the Trust real estate assets and use a portion of the revenue generated by the Trust real estate assets to pay off the debt i.e. loan against the Trust real estate asset. The debt of the Trust would be paid off and the homes would have been improved. In the first scenario the Trust real estate assets generate $39,600.00 per year. In the second scenario the Trust real estate assets generate $32,400.00 per year. 'TIL THE COWS COME HOME! The figures noted above can be adjusted to fit the real world scenario.
Still not confused? Sell everything below fair market value!!! BAM!!!
