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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.
"A Rock Hill (SC) caregiver is accused of exploiting an elderly woman she
helped take care of by stealing around $11,000 over a four-month scam
while making grocery runs, according to police.
Amy Beth Comer, 43, is charged with exploitation
of a vulnerable adult, and financial card fraud, said Lt. Michael Chavis
of the Rock Hill Police Department."
Read more here: https://www.heraldonline.com/latest-news/article228873644.html#storylink=cpy
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¤
It appears that Steven A. Fuller moved against his step-father, Mr. Thelsey L. Fuller, in the various court cases to secure half of all of Thelsey's assets.... In June 2006, Steven filed a petition for conservatorship of Edwina and her estate.
Edwina had lived with him since 1999, and before that time, she lived at the Belhaven
property. The court appointed him conservator of her and her estate in February 2007. In
May 2008, Steven filed a petition to determine title to real property in the conservatorship action. The petition alleged that in 1968, while still married to Edwina, Thelsey took
community property funds and purchased the 12th Avenue property with Odessa. Odessa
quit claimed her interest in the 12th Avenue property to Thelsey before her death in 2003. Steven was seeking a determination that a one-half interest in title to the 12th Avenue
property was vested in him.... He also wanted the court to
determine that he held a one-half interest in title to the Belhaven property.... http://www.courts.ca.gov/opinions/nonpub/B241450.PDF
It must be noted that Daniel Kristof Lak - #216983 the former attorney for Mr. Thelsey L. Fuller has been disbarred for various violations of California Rules of Court.
Daniel Kristof Lak made several fatal errors in his representation of Mr. Thelsey L. Fuller and in the several documents he prepared on behalf of his clients.
Fraud, Perjury, Theft, Misappropriation, Embezzlement BP135381 08/12/2015 at 01:30 pm in Department 5, Maria E. Stratton, Presiding FNL ACT/FEES/EXTRA FEES & DIST JTD 1 APPROVED [Fraudulent accounting, embezzlement, theft, misappropriation, perjury] JTD 2 APPROVED [Steven Bain aka Steven Fuller & Randall $3,065.00] JTD 3 DENIED [No more MONEY! for Randall] JTD 4 DENIED [No more MONEY! for Steven] JTD 5 OVER RULED [Probate Court run amok; It's okay to lie & steal] JTD 6 SUSTAINED [Atty Sandra Anderson gets her MONEY!] Petition granted 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
Elder financial abuse spans a broad spectrum of conduct, including:
Taking money or property
Forging an older person's signature
Getting an older person to sign a deed, will, or power of attorney through deception, coercion, or undue influence
Using the older person's property or possessions without permission
Promising lifelong care in exchange for money or property and not following through on the promise
Confidence crimes ("cons") are the use of deception to gain victims' confidence
Scams are fraudulent or deceptive acts
Fraud is the use of deception, trickery, false pretence, or dishonest acts or statements for financial gain
Telemarketing scams. Perpetrators call victims and use deception, scare tactics, or exaggerated claims to get them to send money. They may also make charges against victims' credit cards without authorization
Who are the perpetrators?
Family members, including sons, daughters, grandchildren, or spouses. They may:
Have substance abuse, gambling, or financial problems
Stand to inherit and feel justified in taking what they believe is "almost" or "rightfully" theirs
Fear that their older family member will get sick and use up their savings, depriving the abuser of an inheritance
Have had a negative relationship with the older person and feel a sense of "entitlement"
Have negative feelings toward siblings or other family members whom they want to prevent from acquiring or inheriting the older person's assets
Predatory individuals who seek out vulnerable seniors with the intent of exploiting them. They may:
Profess to love the older person ("sweetheart scams")
Seek employment as personal care attendants, counselors, etc. to gain access
Identify vulnerable persons by driving through neighborhoods (to find persons who are alone and isolated) or contact recently widowed persons they find through newspaper death announcements
Move from community to community to avoid being apprehended (transient criminals)
Unscrupulous professionals or businesspersons, or persons posing as such. They may:
Overcharge for services or products
Use deceptive or unfair business practices
Use their positions of trust or respect to gain compliance
Breach of fiduciary duty commonly falls under the following three categories:
1. Breach of reasonable care (negligence) [CACI 4101];
2. Breach of duty of loyalty [CACI 4102] ; and/or
3. Breach of confidentiality [CACI 4103].
Of course, intentional wrongs such as fraud (fiduciary fraud) as well as negligent misrepresentation also constitute a breach of fiduciary duty.
The elements of a cause of action for breach of fiduciary duty are:
(1) Duty: Existence of a fiduciary duty;
(2) Breach: The breach of that duty; and
(3) Causation of Damages: Damage proximately caused by that breach.
Mosier v. Southern California Physicians Insurance Exchange (1998) 63 Cal.App.4th 1022, 1044.
Note: In certain cases, punitive damages may be available in specifically defined egregious cases (Hobbs v. Bateman Eichler, Hill Richards, Incorporated (1985) 164 Cal.App.3d 174).
But attorney’s fees are not generally recoverable in breach of fiduciary causes of action (Allstate Insurance Co. v. Superior Court (2007) 151 Cal. App. 4th 1512, 1528). The measure and types of damage relief available in breach of fiduciary claims depend on the nature of the breach.
Because breach of fiduciary duty is a hybrid of a contract and tort action, courts sometimes modify, and/or vary in their interpretations of issues such as, for example, damages and the statute of limitations.
California law allows persons to recover damages for intentional fraud as well as negligent misrepresentations if certain elements are sufficiently plead and proved.
WHAT IS FRAUD?
Fraud is using deceit or dishonest means for the purpose of depriving another of money, property or a legal right.
This article discusses types of fraud, pleading and proving the elements thereof.
TYPES OF CIVIL TORT FRAUD AND MISREPRESENTATION:
Intentional fraud and deceit occur when the perpetrator uses deceit (false important facts) to convince the victim to rely on the false facts. Then the victim reasonably relied on and was harmed by the deceit.
Promissory fraud occurs when the perpetrator makes a promise that is important to the transaction that he or she never intends to (and never does) perform, in order to induce the victim to rely victim rely on the promise. Then the victim must reasonably rely on and be harmed by the false promise.
Compare breach of contract where a party makes a genuine promise but later breaks the promise.
Concealment fraud occurs when there is a fiduciary or other relationship between the parties where there is a duty of full disclosure. The concealing person, with an intention to deceive, does not disclose important facts that the concealing person knows but the victim does not and could not know. Further, the victim reasonably relied on and was harmed by the concealment.
Embezzlement: “Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted [entrusted]” (Criminal CA Penal Code Section 503). From the civil relief standpoint, embezzlement may create various causes of action such as, for example, conversion (wrongful taking of property), fraud, and breach of fiduciary duty.
Constructive fraud (negligent misrepresentation) occurs when the perpetrator misrepresents to the victim that an important false fact is true. But the perpetrator may have honestly believed that the false representation is true. Yet, the perpetrator had no reasonable grounds for believing the representation was true when he or she made it; and he or she intends that victim rely on the representation. The victim must reasonably rely on and be harmed by the false representation.
Civil fraud, deceit and misrepresentation are defined in Civil Code Sections 1709, 1710, 1572 and 1573.
Fraud, Deceit & Misrepresentation Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. $107,692.30 <----- click here See; link is below:
Case Number: BP099211 FULLER, EDWINA – CONSERVATORSHIP Case Taken Under Submission August 11, 2015 Case Number: BP135381 FULLER, EDWINA - DECEDENT Case Taken Under Submission August 12, 2015 http://www.lacourt.org/casesummary/ui/
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.
"Baker’s story may sound unbelievable. You may tell yourself it could never happen to you or anyone in your family. But don’t be so sure. Financial elder abuse—broadly defined as the illegal or improper use of the funds, property, or assets of people 60 and older by family, friends, neighbors, and strangers—is rising fast."
Steven Fuller aka Steven Bain various Court Sases in regards to his alleged dad, Thelsey Fuller.
Los Angeles County Superior Court
BP099211, BP122665, BP118616, BP135381
If we would have known then what we know now, Steven would have not be able to savage the family and destroy everything that our parents worked their entire lives to accomplish.
He definitely would not have been able to take advantage of his victims in all of this, namely: Thelsey L. Fuller; Edwina J. Fuller; Shirley C. Ritchey; and Sandra J. Arnold.
It must be noted that Steven had designs on selling real estate that did not belong to him but, instead that which belonged to his victims, Thelsey L. Fuller & Edwina J. Fuller.
Simply put, Steven voiced his desires to sell all of the real estate assets while Dad was still living alone in Inglewood.
We didn't realize at the time how he would be able to pull it off but, he did it. Selling one of the homes well below fair market value for a $40,000.00 loss.
But, that my friends is not how the fuckry began or ended this thing has had a lot of twist and turn yet at the end of the day the snake has been exposed.
Know that it is the author's personal opinion that Steven A. is a self-righteous prick, a liar and a thief.
We await the Courts decision as Steven A. with the help of Atty. Teddie J. Randall took over $131,000.00 from the Estate of Edwina Fuller and sold real estate below fair market value.... a violation of his fiduciary duties to the estate and its beneficiaries.
Oh, he also shafted his first attorney, Sandra J. Anderson ESQ, he still owes her in excess of $14,000.00.
BP099211
08/11/2014 at 08:30 am in Department 11, Lesley C. Green, Presiding
FINAL REPORT, FEES & DISTRIBUTION - Case Taken Under Submission
BP135381
08/12/2015 at 01:30 pm in Department 5, Maria E. Stratton, Presiding
FNL ACT/FEES/EXTRA FEES & DIST - Case Taken Under Submission
More to come, we await the Court's decision within the next 60 days.
Update - Re: Steven A. Fuller; Case Number BP135381 Fuller, Edwina - Decedent 08/12/2015 at 01:30 pm in Department 5, Maria E. Stratton, Presiding FINAL ACCOUNTT/FEES/EXTRA FEES & DIST - Case Taken Under Submission We believe that the Court will rule that Steven A. Fuller with the help of Atty. Teddie J. Randall violated their fiduciary duties in regards to the Estate of Edwina Fuller in that they improperly took $107,692.30 from said estate. Once that ruling is made we will need an attorney that can file a claim against the bond and or a civil action to recover monies from Steven A. Fuller and Atty. Teddie J. Randall. If you are an attorney or know an attorney that can handle this type of litigation please get in contact with us. benamarine@gmail.com
With 10,000 baby boomers turning 65 every day in the United States, Baker says the problem is only going to get worse.
"We have what can really only be described as a 'silver tsunami' coming in this state with so many people retiring," Baker said. "They're vibrant and wonderful contributing members of our community, but they're also the No. 1 target for predators in fraud and financial crimes." Among those were Jean Phyllis Jones, of Pleasanton, who was suffering from dementia when former Pinole police commander Matthew Messier walked into her life. Within weeks of befriending Jones, Messier, according to authorities, tricked her into signing over her $1.5 million, century-old Victorian estate. "To be cheated was devastating, and it made her decline even more," said Heidi Bailey, one of two neighbors who reported the case to authorities. Messier eventually pleaded no contest to one felony count of lying on his bankruptcy filings and received five years probation. He served about two months in County Jail and was required to reimburse Jones for the legal fees but never admitted to defrauding her. Jones died in January at 84. Former Alameda County Superior Court judge Paul Seeman was charged in 2013 in connection with stealing more than $200,000 from his elderly neighbor Anne Nutting, who died in 2010. Seeman, prosecutors said, befriended Nutting, obtained power of attorney and pilfered from her accounts. Seeman pleaded no contest to felony counts of financial elder abuse and perjury, but as part of a deal with prosecutors, he was given time served. He was disbarred and removed from the bench, forced to pay restitution to Nutting's estate and received five years probation. Last year, Alameda County prosecuted about 415 cases of elder abuse, most of them embezzlement, fraud and identity theft, according to District Attorney Nancy O'Malley. In many cases, O'Malley said, a younger stranger will befriend the elderly person, gain their trust, and then steal behind their backs.
A hearing was held on 08/12/2015 in regards to the Estate of Edwina Fuller in Los Angeles Superior Court, Case # BP 135 381. We have learned that the court indicated to both Steven Fuller and his attorney Teddie J. Randall that Mr. Fuller incorrectly took the money from the conservatorship. Steven Fuller believed that he had a right to the money because he had a lien on the probate estate. The money was placed into the conservatorship not the probate estate and he just took it. The court took the matter under submission and will issue a written ruling. Steven violated his fiduciary duty by taking the money. More to come.
[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.
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.
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?
Please take note that you can not petition Gov. Co. for grievances, it's an illusion. Randall fees were set at $350.00 per hour and he never gave notice that his fees were increased to $450.00. My mother gave me a power of attorney to look out for her interest in the various court cases. Do you think anyone gives a fuck? From the probate notes BP122665 The Thelsey L. Fuller Trust: ******* 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* ******** Translation - Go sit in the corner and shut the fuck up! Yeah, that's what the Ones can say to me but, that's not what they can say to Steven Fuller's former attorney - Atty. Sandra Jones Anderson Esq.... She has a Court Order for her attorney fees which were ignored by Steven Fuller and by extension one of his current attorneys - Teddie J. Randall. Which reminds me, Steven A. Fuller [Thomas Bain's son] and Teddie J. Randall took $107,692.30 from the Estate of Edwina Fuller without a court order claiming that they did so because there was a judgement against the Conservatorship of Edwina Fuller. The conservatorship being judgement proof as there was no MONEY! in the conservatorship when Edwina Fuller died! This is important because the California Department of Health Care Services had a lien on the Estate of Edwina Fuller in the amount of $72,691.59 which was released by the state because Shirley Ritchey, Sandra Arnold and Robert Fuller signed waivers and filed them with the Dept. of HCS so that they could realize an inheritance from their mother’s estate being that all are disabled. In no way did the state give up its lien against the Estate of Edwina Fuller in order for Steven Fuller and Teddie J. Randall to enrich themselves nor do we believe that the legislative and executive branches of California intended for scoundrels to make haste with estate proceeds which rightfully should have gone to the disabled beneficiaries of a decedents estate when the lien was lifted by the California Department of health Care Services. Probate Notes BP135381
Department LA 5 Court Convened at: 8:30 AM 7/20/2015
Honorable Maria E. Stratton D. Gonzalez , Deputy County Clerk L. Ruiz , Deputy Sheriff C. Peters, CSR 5667 , Reporter
BP135381 1002 FULLER, EDWINA - DECEDENT Letters of Administr
FNL ACT/FEES/EXTRA FEES & DIST
Petitioner(s): Fuller, Steven A.
Attorney(s): Randall, Teddie J., Esq.
Continuance Number: 1 Continuance From: Tuesday, June 16, 2015
Last Date Changed: Thursday, July 02, 2015 3:41:04 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: Pretrial documents - pursuant to Local Rule 4/15 are to be filed and served no later than 7/10/15. Petnr to give notice. Trial 7/20/15 @ 9:00 a.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.
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
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 6/22RECOMMENDED 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 6/22RECOMMENDED 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 6/22RECOMMENDED DISPOSITION:
