IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN
MATEO
Probate
Department 1
Courtroom 2H
Hon. Leland Davis, III
May 22, 2023 - 9:00 AM
If an appearance by Zoom is allowed, parties must appear
through Zoom Video.
Zoom Audio is only to be used if Zoom Video is unavailable.
Please check in with the clerk by 8:45 AM.
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If a tentative ruling contains “APPEARANCE ORDERED (Zoom
allowed/not allowed)”, failure to appear may cause the Petition to be denied
or Opposition stricken. If Zoom is not allowed, an in-person appearance is
required.
If a tentative
ruling contains “APPEARANCE OPTIONAL”, failure to appear is a waiver of oral
argument and the Court may issue orders differing from the tentative ruling.
Zoom is allowed for all optional appearances.
If a tentative
ruling contains “NO APPEARANCE”, an appearance is not required, as the matter
has been pre-approved, continued, or dropped, as described.
You must notify the
probate clerk at dept1@sanmateocourt.org if you wish to be heard
in response to the tentative ruling. Any interested party who wishes to be
heard in opposition to a petition must notify all other parties of the intent
to appear. Both notifications must be completed no later than 4:30 p.m. on
the court day immediately preceding the day of the hearing. Unless
notification has been given as provided above, the tentative ruling shall
become the rulings of the Court.
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PRO117285
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CONSERVATORSHIP OF DAVID M. REIS
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Line 1
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Conservatee: REIS, DAVID M.
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Proposed Conservator: Reis, Melanie P.
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Conservator: REIS, BRIAN J. ( KUBOTA, NOELL K.)
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Conservator: REIS, MELANIE P. ( KUBOTA, NOELL K.)
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Father: REIS, BRIAN J. ( KUBOTA, NOELL K.)
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Mother: REIS, MELANIE P. ( KUBOTA, NOELL K.)
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Payor: Payor
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Conservatorship
Review - Biennial
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TENTATIVE RULING:
APPEARANCE
OPTIONAL
The
Conservatorship shall continue and be reviewed in two (2) years; The
account of the conservatorship estate is waived; The assessment
amount of $850 for the cost of the Court's investigation is ordered
and deferred until the Court determines sufficient funds exist; The
Court waives the requirement of an in-person interview by the court
investigator for the present review.
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16-PRO-00299
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THE FRANK ROGER BACON, JR. TESTAMENTARY TRUST
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Line 2
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Petitioner: BACON, THEA B. ( RADDIE, TERESE M.)
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Petitioner: BRODKA, MARK ( WOLF, JONATHAN D)
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Petitioner: DOLCH, DEBRA J. ( DESMARAIS, MICHAEL G.
BRACCINI, STEVEN P.
KROG, WENDY C
CARDOZO, RAYMOND A.)
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Petitioner: MARSHALL, RUSS ( WOLF, JONATHAN D)
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Petitioner: MUFG UNION BANK, N.A. ( WOLF, JONATHAN D)
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Petitioner: Valentine, Kimberley ( WOLF, JONATHAN D)
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Decedent: BACON, FRANK ROGER, JR
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Interested Party: SYKES, JAMES ( THIRKELL, EDWARD D.
BONINO, MARK G.
ELLINGSON, STEPHEN P.)
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Respondent: Dolch, Debra ( CUNNINGHAM, RYAN D.)
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Other: Sykes, James ( BINDER, HEINZ)
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Petition Hearing
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TENTATIVE RULING:
APPEARANCE
OPTIONAL
The Petition for
Instructions is DENIED. As this Court previously ruled, Petitioner
has not shown that the cotrustees have abused their discretion under
the HEMS standard in refusing to pay attorney’s fees from the trust.
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17-PRO-01265
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Conservatorship of SIMEON N. OREJUDOS
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PETITION FOR
SUBSTITUTED JUDGMENT RE SALE OF CONSERVATEE'S REAL PROPERTY; PETITION TO
SELL PROPERTY; FOR AUTHORITY TO ENTER INTO A CONTRACT GRANTING EXCLUSIVE
RIGHT TO SELL REAL PROPERTY; AND FOR SHORTENED NOTICE OF SALE PERIOD; OR
IN THE ALTERNATIVE
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Line 3
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Proposed Conservatee: OREJUDOS, SIMEON N. ( PACKARD,
DAVID R.)
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Petitioner: SAN MATEO COUNTY PUBLIC GUARDIAN ( NIBBELIN,
JOHN D.)
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Proposed Conservator: SAN MATEO COUNTY PUBLIC GUARDIAN (
NIBBELIN, JOHN D.)
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Conservatee: OREJUDOS, SIMEON N. ( PACKARD, DAVID R.)
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Conservator: SAN MATEO COUNTY PUBLIC GUARDIAN (
NIBBELIN, JOHN D.)
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Child: LEGASPI, AUDREY
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Child: OREJUDOS, ARTHUR P.
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Court Investigator: Weidner, Julianna
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Spouse: OREJUDOS, LYDIA
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Petition Hearing
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TENTATIVE RULING:
APPEARANCE
OPTIONAL
In accordance
with the requests of Independent Counsel, the Court GRANTS authority
to the Public Guardian to enter into a 90 day Exclusive Real Estate
Listing Contract for the sale of Conservatee' one-half(˝) interest in
20 Heath Court, Daly City, CA, subject to court confirmation of the
sale. The court GRANTS Public Guardian request to advance the hearing
date of the petition/report to confirm sale of real property, if
necessary, to avoid a trustee sale. Independent Counsel’s request for
fees is GRANTED.
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19-PRO-00643
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Estate of DANIEL
STRANGE
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Motion to Consolidate
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Line 4, 5
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Petitioner: NOBLE, LISA JO ( PROCHNOW, KENNETH H.)
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Decedent: STRANGE, DANIEL
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Respondent: Abdeljawad, Eyad ( ABDELJAWAD, EYAD YASER)
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Interested Party: SAN MATEO COUNTY PUBLIC GUARDIAN (
NIBBELIN, JOHN D.)
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Administrator: NOBLE, LISA JO ( PROCHNOW, KENNETH H.)
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Respondent: Alejandro, Marrero
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Respondent: Arce, Joyce
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Respondent: Dotson-Strange, Gay Lynne
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Respondent: National Recovery Solutions
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Proposed Personal Representative: NOBLE, LISA JO
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Motion to Consolidate
Motion to Consolidate
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TENTATIVE RULING:
NO APPEARANCE
Motion GRANTED,
absent cogent objection.
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20-PRO-01507
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Conservatorship of Mary E. Cook
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Petition for Payment
of Attorney Fees, Reimbursement to Petitioner for Advances Made for
Attorney Fees; Reimbursement to Petitioner for Living Expenses of
Conservatee; and Reimbursement to Petitioner for Payments Made on Behalf
of Conservatee
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Line 6
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Proposed Conservatee: Cook, Mary E. ( EISENBERG, MARTA
C.)
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Petitioner: Chervenak, Timothy C. ( STERN, PETER S.)
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Proposed Conservator: Garcia, Deborah ( FOX, DEBORAH L)
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Proposed Conservator: TEHRANI, DOMINIQUE ( STERN, PETER
S.)
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Conservatee: Cook, Mary E. ( EISENBERG, MARTA C.)
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Conservator: TEHRANI, DOMINIQUE ( STERN, PETER S.)
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Temporary Conservatee: COOK, MARY E.
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Temporary Conservator: GARCIA, DEBORAH ( FOX, DEBORAH L)
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Temporary Conservator: TEHRANI, DOMINIQUE ( STERN, PETER
S.)
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Conservator: Tehrani, Dominique ( SIRACUSA, LAWRENCE)
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Child: COOK, CHRISTOPHER
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Petition Hearing
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TENTATIVE RULING:
NO APPEARANCE
Petition GRANTED,
absent cogent objection.
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22-PRO-00075
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Estate of Ann Hood
Price Kimbel
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FIRST AND FINAL
REPORT OF EXECUTOR ON WAIVER OF ACCOUNT AND PETITION FOR ALLOWANCE OF
STATUTORY COMPENSATION TO EXECUTOR AND ATTORNEY AND FOR FINAL
DISTRIBUTION
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Line 7
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Petitioner: Price, Gary Richard, JR ( SHAFAE, MATTHEW
M.)
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Decedent: Kimbel, Ann Hood Price
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Personal Representative: Price, Gary Richard, JR
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Proposed Personal Representative: Price, Gary Richard,
JR
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Petition for Final
Distribution
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TENTATIVE RULING:
NO APPEARANCE
Petition GRANTED,
absent cogent objection.
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22-PRO-00494
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Estate of Jeffrey G.
Quan
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PETITION FOR AN ORDER
TO TERMINATE FURTHER ESTATE PROCEEDINGS FOR LACK OF ASSETS AND
AUTHORIZATION FOR DISCHARGE;
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Line 8
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Petitioner: Kan, Michael ( DAVIDSON, ERIC E)
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Decedent: Quan, Jeffrey G.
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Personal Representative: Kan, Michael
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Petition Hearing
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TENTATIVE RULING:
APPEARANCE
OPTIONAL
CONTINUED to
September 8, 2023 for the filing of a Proof of Service.
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22-PRO-01115
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IN THE MATTER OF: GEORGE J. CRIMMINS AND DOROTHY CRIMMINS
TRUST, DATED DECEMBER 12, 1974 AS AMENDED.
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Petition to Appoint
Successor Trustee and Petition re: Non-Court Supervised Bond [Probate
Code17200(c)(10)
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Line 9
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Petitioner: Lassahn, Tirzah Anne ( ALAVI, AVID ELI)
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Decedent: CRIMMINS, DOROTHY
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Decedent: CRIMMINS, GEORGE
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Petition Hearing
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TENTATIVE RULING:
APPEARANCE
OPTIONAL
Petition GRANTED;
bond of $225,000 is required.
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22-PRO-01335
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IN THE MATTER OF THE YOUNG CHINA DAILY PUBLISHING CO. STOCK
TRANSFER/ TRUST AGREEMENT DATE OCTOBER 25, 1985.
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Attorney Fee's
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Line 10
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Petitioner: MARY A.L. CHUNG BY AND THROUGH MICHAEL ANDEW
CHUNG, HER ATTORNEY-IN-FA ( CIOCHON, CARL D.)
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Petition Hearing
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TENTATIVE RULING:
APPEARANCE
OPTIONAL
The request for
attorney’s fees is DENIED without prejudice. The billings records
include multiple conferences with members of the same firm that are
charged to the client, rates of over $600/hour, and duplicate work
between the director, associate and paralegals on the same components
of the Petition. Further, there appears to be an exorbitant amount of
time spent drafting a simple Petition to appoint a neutral trustee to
fill a vacancy in the office and sell trust property according to the
trust instrument. Any amended Petition must remove any such items and
provide a reasonable fee at reasonable rates.
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23-PRO-00051
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The Manilla Trust, dated July 3, 1995
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PETITION TO MODIFY
THE ADMINISTRATIVE AND DISPOSITIVE TERMS OF THE TRUST
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Line 11
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Petitioner: Manilla, Edgar Paul ( STEELE, ANNE E.)
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Decedent: MANILLA, EARL JOSEPH
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Decedent: MANILLA, ERLINDO
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Petition Hearing
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TENTATIVE RULING:
APPEARANCE
OPTIONAL
CONTINUED to
September 11, 2023 for Petitioner to supplement his Petition to
identify what specific section of the trust he seeks to modify and
how he plans to do so. Further, given the doctor’s note attached
states that Gloria retains capacity, her consent is required, as she
is currently trustee, with standing to petition the Court.
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23-PRO-00052
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Estate of Dorothy
Jeanne Schultz
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Line 12
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Petitioner: Pabellan, Yohanne ( YOUNG, MARILYN A.)
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Decedent: Schultz, Dorothy Jeanne
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Proposed Personal Representative: Pabellan, Yohanne
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Probate of Will and
Letters Testamentary Hearing w/ ATA
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TENTATIVE RULING:
APPEARANCE
OPTIONAL
Petition DENIED
for failure to file proof of service, failure to file proof of
holographic will, and failure to list alternate executor and all
beneficiaries listed in the will as required by local rules 4.18.3(6)
and 4.18.3(2).
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23-PRO-00054
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Guardianship of DILAN VICTOR DANIEL MARROQUIN MARROQUIN
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Line 13, 14
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Petitioner: MARROQUIN MARROQUIN, DILAN VICTOR DANIEL (
PUENTE-ARNAO, XIMENA)
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Ward: MARROQUIN MARROQUIN, DILAN VICTOR DANIEL
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Proposed Guardian: ROSALES CHOY, MILTON ADOLFO
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Appointment of
Guardian for Person of the Minor
Petition for Special Immigrant Juvenile Findings
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TENTATIVE RULING:
APPEARANCE ORDERED (Zoom not
allowed)
The court intends
to GRANT both petitions and make findings of abandonment.
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23-PRO-00143
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ROBERT BALIC vs. MIRSAD MASIC
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Line 15
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Petitioner: BALIC, ROBERT ( Pro Se)
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Respondent: MASIC, MIRSAD
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Request for Orders to
Stop Elder or Dependent Adult Abuse
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TENTATIVE RULING:
APPEARANCE
ORDERED (Zoom not allowed)
No Proof of
Service regarding the Request to Modify on file.
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23-PRO-00202
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Conservatorship of RYAN MICHAEL CHEW
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LIMITED
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Line 16
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Proposed Conservatee: CHEW, RYAN MICHAEL ( WILKINS, PAUL
A.)
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Petitioner: CHEW, MAY ( Pro Se)
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Proposed Conservator: CHEW, GLENN MARTIN
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Proposed Conservator: CHEW, MAY
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Appointment of
Conservator for Person
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TENTATIVE RULING:
APPEARANCE
ORDERED (Zoom allowed)
The court intends
to GRANT the petition, and make the following rulings:
May Chew and
Glenn Martin Chew are appointed limited co-conservators of the person
of Ryan Michael Chew and a limited conservatorship is the least
restrictive alternative to protect the conservatee.
In lieu of the
in-person interview required by Probate Code Section 1851(a)(1), the
Court accepts the Court Investigator’s zoom interview the conservatee
and the court waives the requirement for an in-person interview by
the court investigator.
Medical Authority
under Probate Code Section 2355 is DENIED in favor of medical
authority under Probate Code Section 2351.5.
The following
limited powers under Probate Code Section 2351.5 are granted to the
conservator and the conservatee’s rights are limited in the same
areas:
The power to fix
the residence or specific dwelling of the limited conservatee;
The power to
access confidential records and papers of the limited conservatee;
To control the
right of the limited conservatee to contract;
The power to give
or withhold medical consent for the limited conservatee;
The power to make
decisions regarding the education of the conservatee;
The power to
control the social and sexual contacts and relationships of the
limited conservatee;
To consent or
withhold consent to the marriage of, or the entrance into the
registered domestic partnership by, the limited conservatee;
Pursuant to Probate
Code §1830, the conservator(s) file a proof of mailing for Notice of
Conservatee Rights (GC-341) within thirty (30) days of appointment;
A nonappearance
hearing on the conservator’s filing of the following documents be set
for September 6, 2023:
a. Level of Care Confidential General
Plan (PR-22)
b. Determination of Conservatee’s
Appropriate Level of Care (GC-355), to be filed within sixty (60)
days of appointment
The conservator
attend conservator education classes and a Proof of Completion be
filed with the Court within six (6) months of being appointed
conservator.
The assessment of
$850 is ordered and deferred until the Court determines sufficient
funds exist.
The
conservatorship be reviewed in one year’s time.
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Hearings Total: 16
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