Removal of a Guardian or Conservator

Useful Rulings on Conservatorship Removal Petition

Recent Rulings on Conservatorship Removal Petition

MATTER OF ARTHUR J WALKER JR AND HELEN A WALKER TRUST

Nature of Proceedings: (1) Motion to Compel Production of Records and Sanctions (2) Petition for Removal of Trustee (3) Status Hearing 1. Status hearing on contested matters, ppearance required. 2. Petition to remove - contested matter, appearance required. 3. Motion to Compel - see tentative ruling below. --------------- In re the Arthur J. Walker, Jr., and Helen A.

  • Hearing

CHARLENE LEMASTERS VS. ESKATON PROPERTIES INCORPORATED

Defendant also argues the motion should be denied because there is a pending petition to remove Plaintiff's guardian ad litem. The Court notes that preference under Code of Civ. Proc. § 36(a) is mandatory and absolute. (Koch-Ash v. Superior Court (1986) 180 Cal.App.3d 689, 692.) The Court therefore lacks the administrative authority to deny the motion on grounds a pending petition for removal may impact its ruling.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

CONSERVATORSHIP OF MARK T ENGEN

Nature of Proceedings: (1) Petition to Remove Co-Conservator Due to Death (2) Review of Court Investigator's Report Absent objection, the Report of Court Investigator and the Petition for Removal of Co-Conservators will be approved.

  • Hearing

IN THE MATTER OF JOSE ANTONIO RUBALCABA

Petition for Removal of Co-Conservator and Issuance of Amended Letters of Conservatorship ***************** The notice of hearing filed on 7/2/20 fails to state the date of mailing. Subject to confirmation that statutory notice was given, discuss whether Rita Lopez agrees to her removal given her personal situation.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF MYLES AUBUCHON

Hearing: 1) Petition for Appointment of Temporary Conservator of the Person; and 2) Petition for Appointment of Successor Conservator *********************** The ex parte petition for removal of conservator and appointment of successor conservator was heard as an ex parte petition on 06/14/19. The court denied the removal of the conservator and appointment of a successor conservator requested by petitioner at that time and continued the petition for appointment of temporary conservator to 07/12/19.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF MYLES AUBUCHON

The ex parte petition for removal of conservator and appointment of successor conservator was heard as an ex parte petition on 06/14/19. The court denied the removal of the conservator and appointment of a successor conservator requested by petitioner at that time and continued the petition for appointment of temporary conservator to 07/12/19. The court ordered reasonable visitation to Patricia Aubuchon at the discretion of Myles, with the visitation taking place outside the conservatee's residence.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF WINIFRED CASTILLANES

Discuss petition for removal with the conservator, counsel for conservatee and petitioner. This was heard on 05/21/19. The court ordered petitioner to provide DOD Taylor with a copy of all her filed documents before she left the courtroom on 05/21/19. The court continued the hearing to 06/11/18 and set a hearing re Modification of Civil Harassment Restraining Order filed on 02/05/18 as well. Nothing has been filed after the 05/21/19 hearing.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

CONSERVATORSHIP OF DOROTHY B WALTHER

Nature of Proceedings: (1) Petition for Removal of Conservator (2) Petition to Appoint Successor Conservator - Person & Estate

  • Hearing

CONSERVATORSHIP OF DOROTHY B WALTHER

Nature of Proceedings: (1) Petition for Removal of Conservator (2) Petition to Appoint Successor Conservator - Person & Estate The court has received and reviewed the status reports requested at the last hearing. The court anticipates appearance by counsel to discuss the content.

  • Hearing

CONSERVATORSHIP OF BRIAN MOURAD

PETITION FOR REMOVAL OF CONSERVATOR OF THE PERSON TENTATIVE RULING: The Public Defender represents the conservatee. The Public Defender needs to receive notice of the hearing to properly represent the conservatee, i.e. to indicate whether removing a co-conservator at this time is in the best interests of the conservatee. The matter is continued to June 11, 2019, at 8:30 a.m. in Dept. A to allow petitioner to provide notice to the Public Defender and to file an amended proof of service with the Court.

  • Hearing

CONSERVATORSHIP OF NISSIM LANDYADOO

Code, § 2650.) The conservator shall appear at the hearing and oppose or file an opposition if he wants to contest his removal. If the conservator is removed, the Court will still require the removed conservator to account within a definite period of time, but only after a successor conservator has been appointed. The Court suspends the conservator’s powers pending the removal hearing and orders the conservator to surrender the conservatee’s estate to the Public Guardian as custodian. (Id., § 2654.)

  • Hearing

CONSERVATORSHIP OF BRIAN MOURAD

PETITION FOR REMOVAL OF CONSERVATOR OF THE PERSON TENTATIVE RULING: The matter is continued to May 15, 2019, at 8:30 a.m. in Dept. A to allow petitioner to provide notice to the Public Defender and to file an amended proof of service with the Court.

  • Hearing

IN THE MATTER OF DOROTHY L FRONTERA

DeSoto should either resign, a petition for removal be filed, or mediation set. The Court is inclined to suspend Ms. Desoto. One alternative is to appoint son John as the sole trustee, with bond. The Court is concerned about son John's qualifications to act as trustee.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF DOROTHY L FRONTERA

DeSoto should either resign, a petition for removal be filed, or mediation set. The Court is inclined to suspend Ms. Desoto. One alternative is to appoint son John as the sole trustee, with bond. The Court is concerned about son John's qualifications to act as trustee.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF CAROLINE G. TAFT

A Petition for Removal of Conservator is a noticed petition. It should not be raised as an objection to an accounting. (Pr. C. §2651) If conservatee seeks to remove the conservator, she will need to file a petition with the statutorily required notice.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF CAROLINE G. TAFT

A Petition for Removal of Conservator is a noticed petition. It should not be raised as an objection to an accounting. (Pr. C. §2651) If conservatee seeks to remove the conservator, she will need to file a petition with the statutorily required notice.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

CONSERVATORSHIP OF RICHARD DOUGLAS ROYER

(1) REVIEW HEARING (2) PETITION FOR REMOVAL OF THE CONSERVATOR OF THE PERSON AND ESTATE AND APPOINTMENT OF THE PUBLIC GUARDIAN APPEARANCE REQUIRED

  • Hearing

CONSERVATORSHIP OF RICHARD DOUGLAS ROYER

(1) REVIEW HEARING (2) PETITION FOR REMOVAL OF THE CONSERVATOR OF THE PERSON AND ESTATE AND APPOINTMENT OF THE PUBLIC GUARDIAN TENTATIVE RULING: Based on the status report from the Public Guardian, the matter is continued to May 17, 2019, at 8:30 a.m. in Dept. A for an accounting and review hearing.

  • Hearing

GUARDIANSHIP OF MARKIE DELGADO ET AL.

Nature of Proceedings: Petition: Appoint Temporary Guardian Appearance required. The petition will be treated as a petition to appoint a temporary guardian and a petition for removal of the present guardians. (See Prob. Code, § 2650 et seq.) The following must be submitted: (1) Proof of timely personal service of the notice of hearing and a copy of the petition (Prob.

  • Hearing

CONSERVATORSHIP OF RICHARD DOUGLAS ROYER

(1) REVIEW HEARING (2) PETITION FOR REMOVAL OF THE CONSERVATOR OF THE PERSON AND ESTATE AND APPOINTMENT OF THE PUBLIC GUARDIAN APPEARANCE REQUIRED

  • Hearing

RE: FIRST REPORT OF CONSERVATOR AND PETITION FOR SETTLEMENT

Petition for Removal of Conservator filed by Alicia Harris 5-9-18 is set for continued hearing 9-17-18. B. Per 6-27-18 minute order, court ordered parties to mediation. ALICIA HARRIS SUMMER SELLECK ANDREA LEUNG AVID ELI ALAVI LAKISHA WILSON -- See also Line # 8 -- Need: 1. Summary of Account that complies with PrC § 1061(b). Accounting must begin with values as reported in Inventory & Appraisal. It appears beginning balance is $13,867.31, not $13,494.69. The Court is waiting for these items: 1.

  • Hearing

PETITION OF KATRINA NIKO AND KARY AMONS

Petition for Removal of Conservator filed by Alicia Harris 5-9-18 is set for continued hearing 9-17-18. B. Per 6-27-18 minute order, court ordered parties to mediation. ALICIA HARRIS SUMMER SELLECK ANDREA LEUNG AVID ELI ALAVI LAKISHA WILSON PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE -- See also Line # 8 -- Need: 1. Summary of Account that complies with PrC § 1061(b). Accounting must begin with values as reported in Inventory & Appraisal.

  • Hearing

RE: PET’N FOR REMOVAL OF CONSERVATOR AND APPT

For this matter to proceed, will need resignations of current administrators or Petition for Removal filed D. Original Will is attached to Proof of Holographic Instrument. Court will remove original document for lodging. Petitioner will need to supply a copy to replace the original. PrC § 8222 CATHERINE ALVAREZ GEORGE ALVAREZ JR --Drop, apparently superseded by 5.A— If were to proceed, Catherine Alvarez still must do the following: 1. Appear at the hearing 2. File Proof of Publication.

  • Hearing

GUARDIANSHIP OF XAVIER SWAY GARRETT

Nature of Proceedings: Petition for Removal of Guardian and Appointment of Successor Guardian The following must be submitted: 1) Proof of Service of Notice of the Hearing (Form DE-120) on Guardian, Summer Ann Garcia. On May 7, 2018, the Court ordered that service on Ms. Garcia must be made before any relief be granted.

  • Hearing

  • Judge Jed Beebe
  • County

    Santa Barbara County, CA

EARL J DIECKMAN II ET AL VS RONALD STAEBLER ET AL

DISCUSSION: Demurrer Request for Judicial Notice Pauline Facciano requests judicial notice of: (A) the court docket in case LASC No. 16STPB03812; (B) the underlying petition for removal of successor trustee; (C) the death certificate of Decedent; and (D) notice of settlement of case no. 16STB03812. The request is granted as to Exhibits A, B, and D pursuant to Evidence Code, §452(d). The request is also granted as to Exhibit C pursuant to Evidence Code, §452(h).

  • Hearing

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