Civil Bench Warrant - Failure to Comply

Useful Rulings on Civil Bench Warrant - Failure to Comply

Recent Rulings on Civil Bench Warrant - Failure to Comply

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RE: ORDER TO SHOW CAUSE AND PRELIMINARY INJUNCTION SET BY VANDY

MAXEY PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances to report status Notes: 1. Deborah Maxey’s Response filed 2-21-20. 2. Per 2-25-20 minute order, the TRO was dissolved and no bond was required; the 3- 19-2020 hearing was to be a status hearing for trial setting. PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Appearances 2.

  • Hearing

    Sep 24, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

RE: RENEWED EXPA APP TO SUSPEND TRSTEE; APPT TEMP TRSTEE

FILED ON 03/12/20 BY MARILYN FERRIL PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: FIRST AND FINAL REPORT ON WVR OF ACCT, FOR FEES, COSTS, FINAL DIST FILED ON 05/11/20 BY TIM F BAILEY

The Trustee has a fiduciary duty to protect their interests, and cannot use her fiduciary position to relieve herself of the obligation to provide an accounting in this proceeding. Trustee and personal representative are the same person. 2. Proof of mailing to trust beneficiaries or waivers of notice. PrC § 1202 3. Accounting that complies with PrC § 1060 et seq. or waivers by beneficiaries of trust 4.

  • Hearing

    Sep 24, 2020

  • Judge

    Fenstermacher

  • County

    Contra Costa County, CA

RE: PET'N FOR REMOVAL OF CUSTODIAN, ACCTNG, SURCHG & BREACH OF DUTY

FILED ON 07/01/19 BY MARGARET POSCHER PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE -See also Lines 10.A – 10.J- Need appearances Note: Opposition filed by Marilyn Ferril 6/26/2020 CLARICE RUTH COON DOUGLAS VERNER KONSTANTINE A DEMIRIS MARILYN FERRIL MATTHEW B TALBOT

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

ESTATE OF GEORGE E WHITFIELD

RE: SPOUSAL PROPERTY PETITION FILED ON 05/04/20 BY PHYLLIS WHITFIELD PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petition Approved Proposed Order Submitted No Appearance Required GEORGE E WHITFIELD PHYLLIS WHITFIELD JOHN VINCENT DI ANA PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Jill Mary Scheidel, mother, still needs to do the following: 1. Appear at the hearing JILL MARY SCHEIDEL LENA MAE FLORA SCHEIDEL

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

MATTER OF LEARNER FAMILY 1998 TRUST

RE: FIRST AMENDED PET’N FOR ORDERS FILED ON 01/22/20 BY LINDA LEARNER SCHNEIDER PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

THE STANLEY M COON & CLARICE RUTH COON TRUST

RE: MTN TO QUASH SUBPEONA FILED ON 01/18/19 BY MARILYN FERRIL PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR APPROVAL OF FIRST ACCT AND REPORT OF TRUSTEE

FILED ON 10/25/18 BY DOUGLAS VERNER, CHERYL McCARTHY PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

LUCILLE A BIONDI VS NICHOLAS A BIONDI

RE: PET’N FOR ORDER TO AUTHORIZE PARTICULAR TRANSACTIONS (PROB C 3100 FILED ON 01/24/20 BY LUCILLE A BIONDI PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Proposed Order LUCILLE A BIONDI JULIE FIEDLER NICHOLAS A BIONDI OLIVER ALEXANDER GREENWOOD PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Evidence of written demand for accounting as required by PrC §17200(b)(7). 2.

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

THE STANLEY M COON & CLARICE RUTH COON TRUST

RE: AMENDMENT TO PET’N TO INVALIDATE TRUST AMENDMGNETS, FOR REMOVAL OF CO-TRUSTEES FILED ON 07/20/18 BY MARILYN FERRIL PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances FILED ON 06/06/18 BY DOUGLAS VERNER, CHERYL McCARTHY PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

PETITION OF JOHN GRAHAM LEGGETT

RE: OSC RE: NAME CHANGE FILED BY JOHN GRAHAM LEGGETT PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petitioner John Graham Leggett needs to appear at the hearing with photo identification JOHN GRAHAM LEGGETT PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Decree Changing Name VELMA MAE BEST GREGORY STONE LEWIS, STEVEN KAY, ALBERT H. NEWTON PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances Notes: A.

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

MATTER OF LEARNER FAMILY 1998 TRUST

RE: FIRST AMENDED PET’N FOR ORDERS FILED ON 01/22/20 BY LINDA LEARNER SCHNEIDER PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR LETTERS OF ADMINISTRATION

FILED ON 04/30/20 BY DAVID LOOFBOURROW III, ELIZABETH CHRISMAN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petition Approved Proposed Order Submitted No Appearance Required DAVID LOOFBOURROW III JAMES J PHILLIPS DAVID THOMAS LOOFBOURROW JR ELIZABETH CHRISMAN JAMES J PHILLIPS PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need: 1. Bond in the amount of $20,000 or waivers of bond by all heirs (non-California resident) LR 7.154.

  • Hearing

    Sep 24, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

JANE R D DOE VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Second, Plaintiff raises objections to statements in the Declaration of Maria Underwood. These statements relate to LAUSD’s investigation of Salinas and his background prior to hiring him. The objections are overruled. While Defendant has different nomenclature as to job titles, Underwood is a custodian of records and her declarations are sufficient to authenticate records kept by LAUSD during its normal course and scope of business.

  • Hearing

    Sep 24, 2020

JOSE AGUILERA VS 5 STAR DELIVERY INC

Plaintiff has not provided the court with an explanation regarding why this was done or provided the court with any information regarding Zaragoza’s ability to read and/or speak English. The first loan agreement to Zaragoza is undated. Plaintiff is requested to attach and authenticate the checks attached to the complaint to any future declaration, with any handwritten notes in Spanish translated.

  • Hearing

    Sep 24, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

PETITION OF KIRBY MONTANA HAYES

RE: OSC RE: NAME CHANGE FILED BY KIRBY MONTANA HAYES PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petitioner Kirby Montana Hayes needs to appear and provide photo identification KIRBY MONTANA HAYES PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petitioner Minda Louise Davenport needs to appear and provide photo identification MINDA LOUISE DAVENPORT

  • Hearing

    Sep 23, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR INSTRUCTIONS RE REQ COMP FOR FEES & COSTS

FILED ON 07/06/20 BY JOSEPHINE DOWEY PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances ELIZABETH ROSE HARLEY JOSEPH M. MORRILL GERARD SMITS MATTHEW B TALBOT JOSEPHINE DOWEY JONATHAN T. THOMPSON LOUIS SMITS TRACY S REGLI PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances to report status Notes: 1. Per m.o. dated 6/4/2020, any objections were to be filed by 7/2/2020. None have been filed as of 7/6/2020. 2.

  • Hearing

    Sep 23, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

PETITION OF SHIRLEY BROWNFOX

RE: OSC RE: NAME CHANGE FILED BY SHIRLEY BROWNFOX PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Petition Approved. Proposed Order Submitted. No Appearance Required. Note: Decree will be available for pick up at the hearing or after the hearing in Dept. 30. SHIRLEY ANN BROWNFOX PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances AMENDED & RESTATED PEREZ LIVIN FERNANDO PEREZ, JR KONSTANTINE A DEMIRIS JASMINA I. SMITH MARK R.

  • Hearing

    Sep 23, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

RE: PET’N FOR APPOINTMENT OF C'TOR, PERSON AND ESTATE

MULLIN TRACEY LINELL STILES MICHAEL PIERSON PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances DEANDRE MARQUIES ALEWINE LAQUESHA COLEMAN PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Fatima Fokas, mother, still must do the following: Have a Judicial Council Form Notice of Hearing and copy of petition mailed to all persons entitled to receive notice and file a Proof of Service with court.

  • Hearing

    Sep 23, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

WEST COVINA CAR STOP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS ROUND TABLE REMARKETING D.R.S., INC., A CALIFORNIA CORPORATION, ET AL.

After the checks had been sent to Round Table, Plaintiff learned that the vehicle price was to be paid directly to the selling dealer, and that only the broker fee was to be paid directly to Round Table. Round Table cashed the checks and refuse to return the monies to Plaintiff.

  • Hearing

    Sep 23, 2020

  • Type

    Contract

  • Sub Type

    Breach

JULIUS CLARK VS UNICAL AVIATION, INC.

.: 19STCV46721 Hearing Date: September 23, 2020 Defendant’s motion to stay the instant proceedings is GRANTED. On December 30, 2019, Julius Clark (Plaintiff), as an aggrieved employee and private attorney general, filed a PAGA claim against Unical Aviation (Defendant). Defendant now moves to stay this action. Legal Standards “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v.

  • Hearing

    Sep 23, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

DORIS CONSIER-FAULKNER V. 40 PRADO HOMELESS SERVICES CENTER, ET AL.

The parties should come to the hearing prepared to discuss a trial date.

  • Hearing

    Sep 23, 2020

ALVARO GALLEGOS, ET AL. VS LUCIANO GOMEZ, JR.

Defendants now demur to the first, third, fifth, seventh, eighth, ninth, tenth, twelfth and thirteenth causes of action for failure to state a claim. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v.

  • Hearing

    Sep 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

JOSE M IBARRA VS BAKER COMMODITIES, INC., A DELAWARE CORPORATION

The proposed $450,000.00 GSA represents over 85.7% of Plaintiff’s reasonably forecasted total recovery while avoiding the risks of proceeding to trial. (Haines Decl. ¶ 25.) Additionally, the distribution of the NSA complies with Labor Code section 2699(i), which requires 75 percent of the amount to be paid to the LWDA and 25 percent of the amount to be paid to the aggrieved employees.

  • Hearing

    Sep 23, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

CIT FINANCE LLC VS NORTH OAK REGIONAL HOSPITAL, INC

On February 25, 2020, default was entered as to North Oak Regional Hospital, Inc. (hereinafter “Defendant”). On July 1, 2020, Does 1 through 25 were dismissed without prejudice. Plaintiff seeks judgment against Defendant in the total amount of $35,584.67 consisting of $33,747.25 in damages, $1,402.42 in attorney fees, and $435.00 in costs. Plaintiff’s prove-up papers are deficient. Plaintiff has failed to submit evidence sufficient to support the judgment sought.

  • Hearing

    Sep 23, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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