Probate Notes
Department LA 11 Court Convened at: 08:30 AM 01/23/2014
Honorable Michael I. Levanas
S.L. Williams , Deputy County Clerk , Deputy Sheriff
C. Peters, CSR 5667 , Reporter
BP099211 1014 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
FINAL REPORT, FEES & DISTRIBUTION
Petitioner(s): Fuller, Steven A.
Attorney(s): Randall, Teddie J., Esq.
Continuance Number: 1 Continuance From: Monday, December 2, 2013
Last Date Changed: Wednesday, January 15, 2014 03:49 PM
Last Note Changed By: MGUAYANT
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 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
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.
MATTERS TO CLEAR:
C. No allegation re names and addresses of persons requesting spec ntc - supp required
G. Fee request must comply with CRC 7.752, 7.756, 7.702; provide itemized stmt - supp required
NEW AFTER REVIEW OF SUPP:
J. Explain "Direct Deposit Advance" entries in the receipts schedule - supp required
K. Need name of payee and purpose of deposits on pg 13 of receipts schedule - supp required
L. No purpose stated for several withdrawals - supp required
M. There are several disbursements w/out any payee or purpose stated - supp required
N. Explain the partial rent payments made to petnr, payment for advance funds, finance charges - supp required
O. Petnr's reimb request includes 5,000 pd to atty Anderson, 5,000 pd to atty Burrell, 5,000 pd to atty Barrington. If petnr is requesting reimb for these expenses, need fee decs from each atty, addressing factors in CRC 7.702 and see CRC 7.752
P. Ntc bond company deemed requirede
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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.
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RELIEF:
1. JTD consr fees, 10,000 (836.5 hrs at 12/hr)
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)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1015-1017
Order to be Prepared By Clerk: Attorney:
Department LA 11 Court Convened at: 08:30 AM 01/23/2014
Honorable Michael I. Levanas
S.L. Williams , Deputy County Clerk , Deputy Sheriff
C. Peters, CSR 5667 , Reporter
BP099211 1015 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: Monday, December 2, 2013
Last Date Changed: Wednesday, January 15, 2014 03:50 PM
Last Note Changed By: MGUAYANT
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 7/15/13
PRIOR ORDERS: Cont to 1/23/14 (Counsel informs the court that there is an appeal pending; the outcome will affect all legal fees).
SUMMARY:
Petnr is consr P&E
post-death acct - acct period 6/2/12 (d/d) - 7/1/13
ntc rels ok
beginning balance: 85,145.29
ending balance: 85,145.29 (145.29 cash)
OTHER CASE: BP135381 (consee's probate; petnr Steven is pers rep)
FACTS: There is no activity during this acct period.
MATTERS TO CLEAR:
A. No ntc
B. No allegation re names and addresses of persons requesting spec ntc - supp required
C. Ntc bond company deemed required
D. Petnr alleged in his acct filed 1/2/13 the consee died on 8/29/11. Petnr alleges 6/2/12 as d/d in the w/in acct. When did the consee die? - supp required
E. Why isn't the outstanding judgment (117,000) included in the property on hand schedule? - supp required
F. Need atty fee dec addressing factors in CRC Rule 7.702
RELIEF:
1. JTD add'l atty fees, 8,000
2. JTD acct
3. JTD exoneration of bond
o/w atty fees 2,500.00 (allowed), dist of balance to pers rep ok
PA COMMENTS: defer pending clearing of notes
mguayante@lasuperiorcourt.org
MG(11/21/13)(1/15/14)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1014, 1016-1017
Order to be Prepared By Clerk: Attorney:
Department LA 11 Court Convened at: 08:30 AM 01/23/2014
Honorable Michael I. Levanas
S.L. Williams , Deputy County Clerk , Deputy Sheriff
C. Peters, CSR 5667 , Reporter
BP099211 1016 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
ALLOWANCE OF FEES
Petitioner(s): Fuller, Steven A.
Attorney(s): Burrell, Sybil Yvonne, Esq.
Continuance Number: 1 Continuance From: Monday, December 2, 2013
Last Date Changed: Wednesday, January 15, 2014 03:51 PM
Last Note Changed By: MGUAYANT
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 11/1/13
PRIOR ORDERS: Cont to 1/23/14
SUMMARY:
Petnr is former atty for consr
ntc/copy rels, attys ok
SUPP filed 11/26/13
OTHER CASE: BP122665 (spouse, Thelsey Fuller's, probate); BP135381 (consee's probate)
FACTS: Petnr alleges on or about 10/22/10, petnr retained to prosecute consee's claims of interest in her deceased husband's estate. PER SUPP, consrship received 107,692.30 jgmt in its favor.
MATTERS TO CLEAR:
NEW AFTER REVIEW OF SUPP:
D. Supp alleges 147.25 hrs, including payment for paralegal services. Need paralegal dec, addressing factors in CRC 7.703(e). Provide number of atty hrs and number of paralegal hrs as well as paralegal rate
RELIEF:
1. JTD atty fees, 48,950 (per supp) for 147.25 atty & paralegal hrs.
PA COMMENTS: defer pending clearing of notes
mguayante@lasuperiorcourt.org
MG(11/21/13)(1/15/14)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1014-1015, 1017
Order to be Prepared By Clerk: Attorney:
Department LA 11 Court Convened at: 08:30 AM 01/23/2014
Honorable Michael I. Levanas
S.L. Williams , Deputy County Clerk , Deputy Sheriff
C. Peters, CSR 5667 , Reporter
BP099211 1017 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
ALLOWANCE OF FEES
Petitioner(s):
Attorney(s): Anderson, Sandra Jones, Attorney a IN PRO PER
Continuance Number: 3 Continuance From: Monday, December 2, 2013
Last Date Changed: Wednesday, January 15, 2014 03:51 PM
Last Note Changed By: MGUAYANT
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 to 12/2/13. Cont to 7/16/13
SUMMARY:
Petnr is former atty for consr
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 required
B. Provide itemized statement - supp required
**************************************************
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 notes
mguayante@lasuperiorcourt.org
MG(6/21/13)(7/10)(11/21)(1/15/14)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1014-1016
Order to be Prepared By Clerk: Attorney:
Many thanks to the abusers and their attorney for fucking off everything that Thelsey & Edwina worked all of their lives to accomplish and acquire.
The first count against him is that basically he is incompetent. And he actually has the nerve to blame the ex-wife of his client for his incompetence. That should go over well. Hopefully the judge will see through his bluster.
Included in that first count is the allegation that Lak failed to prepare and file necessary documents. The gleep has a history of that. It has been documented on this blog the errors made in the documents pertaining to Mr. Thelsey Fuller and the failure to file documents in a timely manner. And then there is the matter of the improperly filed paperwork in a matter with Town & Country Bank. And the new lawyer for Robert and Doris Fuller stated that Lak didn’t respond to his requests for information.
He is also accused of not properly supplying a client with an accounting of fees and costs paid. Lak blames this on the legal referral network ARAG who referred the client to Lak. He says their accounting procedures are confusing. It is hard to tell if ARAG is a scam or on the level. One reviewer calls it a legal document service, not a legal service. Another reviewer, an estate planning attorney, said she would never participate in such a plan because ARAG expected her to prepare wills for free (or for a nominal fee) and then she had to try to make money on bigger matters. Whatever the case, Lak says he is no longer associated with ARAG because of their confusing billing practices.
But Lak does not seem to be very good with finances in general; he defaulted on his home loan in 2006, he’s had numerous state and federal tax liens filed against him, he’s been suspended three times for failing to pay child support, and for a period of time he was bouncing checks all over town. It’s not inconceivable that he could have fouled up his client’s accounting. And as far as no longer being associated with ARAG, their qualifications for attorneys include being in good standing with relevant regulatory authorities and maintaining a physical office. A phone answering service and mail drop is stretching it bit when it comes to an office, and if ARAG was aware of his standing they would probably drop him like a hot potato.
He is also accused of claiming to be entitled to practice law while he was actually on suspension. It was documented on this blog that that was the case when a phone call was made to his answering service.
He is also accused of paying his personal expenses out of his client trust account for the period between 12/5/2012 and 3/12/2013. This one is really incredible because on 1/11/2013 he was suspended for doing the very same thing. It is hard to tell if this gleep is just dumb, or if he believes the rules just don’t apply to him, or if he just enjoys bending and stretching the rules to see how much he can get away with.
Of course, Lak is defending himself in court today. What’s the saying about a man who defends himself?
Good luck, gleep."