Motion to Set Hearing in IN THE MATTER OF THE NESTEL REVOCABLE TRUST, ESTABLISHED FEBRUARY 21, 1997 AND REVOKED ON JULY 1, 2019 TRUST| Trellis.Law

On July 23, 2019 a Hearing was filed involving a dispute between Alvaradosmith, Apc, Lewellen, Nancy, Nestel, Harryette B., Nestel, Jane Terry, Nestel, Matthew L., Nestel, William C., and Fisher, Neil B., for TRUST (petition seeking court order determining the validity of modification/amendments to trust provision) in the District Court of San Francisco County.

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1 THEODORE E. BACON (CA Bar No. 115395) DEPARTMENT: 204
tbacon@AlvaradoSmith.com Hearing: 02/09/2021 9:00 am
2 CATHERINE S. MEULEMANS (CA Bar No. 146276)
cmeulemans@AlvaradoSmith.com ELECTRONICALLY
3 ALVARADOSMITH F I L E D
A Professional Corporation Superior Court of California,
4 235 Pine Street, Suite 1150 County of San Francisco

San Francisco, CA 94104 10/16/2020
5 Tel: (415) 624-8665 Clerk of the Court
Fax: (415) 391-1751 BY: ALISON AGBAY
Deputy Clerk
6
LOREN M. LOPIN (CA Bar No. 164945)
7 loren@estateplansf.com
235 Pine Street, Suite 1150
8 San Francisco, CA 94104
Tel: (415) 200-4592
9 Fax: (415) 391-1751
10 Counsel for former counsel of Harryette Nestel
ALVARADOSMITH, APC
11

12
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN FRANCISCO
14

15
In re the NESTEL REVOCABLE TRUST, CASE NO.: PTR 19-303036
16 Established February 21, 1997, and
Revoked on July 1, 2019. {Related Case: In the Matter of the
17 Conservatorship of the Person and Estate of
Harryette B. Nestel, SFSC PCN 19-303291}
18

19 PETITION FOR COURT ORDER
INSTRUCTING TRUSTEE(S) TO PAY
20 ALVARADOSMITH, APC FROM TRUST
ESTATE FOR LEGAL SERVICES
21 RENDERED AS ATTORNEY FOR
HARRYETTE B. NESTEL
22
DATE:
23 TIME: 9:00 a.m.
DEPT: Probate – Dept. 204
24
[Prob. §16243, and §17200(b)(6),
25 Evid. §§452-453]
26

1
PETITION FOR COURT ORDER INSTRUCTING TRUSTEE(S) TO PAY ALVARADOSMITH, APC FROM TRUST ESTATE
FOR LEGAL SERVICES RENDERED AS ATTORNEY FOR HARRYETTE B. NESTEL
4953168.1 -- SFLML5.1
1 Petitioner, THEODORE E. BACON, respectfully alleges:
2 I. INTRODUCTION AND SUMMARY OF RELIEF REQUESTED
3 1. Petitioner, Theodore E. Bacon, is a Shareholder in the law firm of AlvaradoSmith, a
4 Professional Corporation, having represented Harryette B. Nestel in the instant Action. Petitioner
5 has been duly admitted to practice law in the State of California. If called as a witness in this
6 Action, is competent to testify of his own personal knowledge, to the best of his recollection, as to
7 the matters set forth herein.
8 2. Petitioner seeks an Order of the Court, under Prob. §17200(b)(6), instructing the
9 Trustee of the Nestel Revocable Trust (“Trust”) to pay the firm of AlvaradoSmith, APC the sum of
10 $97,949.04 for unpaid attorney’s fees for legal services rendered to and on behalf of Harryette B.
11 Nestel (“Nestel”) for the period of June 6, 2019 through May 31, 2020.
12 3. Harryette B. Nestel passed away on or about March 30, 2020. Petitioner’s law firm
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provided legal services to and on behalf of Ms. Nestel from June 6, 2019 to May 31, 2020. Attached
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14 hereto as Exhibit 1 is a true and correct copy of the redacted itemized invoices reflecting legal fees
15 and costs billed in this matter. A copy of the unredacted invoices will be provided to the court, upon
16 request, for in camera review.
17 A. Petitioner’s Specialized Experience and Qualifications
18 4. Petitioner has been practicing law continuously since 1984. Currently, he is a
19 shareholder at AlvaradoSmith, APC. In his practice he has represented and gave consult to clients
20 on probate and trust administration matters; employment and labor issues.
21 B. Estimated Value of Harryette B. Nestel’s Estate
22 5. Petitioner believes that the Trust had an estimated value of $5,000,000. Thus, there
23 exists adequate amount of funds to honor Petitioner’s request of legal fees and costs expended to and
24 on behalf of Ms. Nestel.
25 II. BACKGROUND FACTS RELATING TO PETITIONER’S RETENTION
26 A. Petitioner Was Hired by Harryette B. Nestel
27 6. Petitioner was originally referred to AlvaradoSmith, APC by Lorin M. Lopin, Esq.
28 who was her counsel assisting Ms. Nestel in her estate plan. Mr. Lopin is a solo practitioner

2
PETITION FOR COURT ORDER INSTRUCTING TRUSTEE(S) TO PAY ALVARADOSMITH, APC FROM TRUST ESTATE
FOR LEGAL SERVICES RENDERED AS ATTORNEY FOR HARRYETTE B. NESTEL
4953168.1 -- SFLML5.1
1 specializing in trust and estate administration matters. He was hired by Ms. Nestel to amend her
2 trust and estate plan.
3 7. In early June 2019, Ms. Nestel hired Petitioner’s firm to represent her with respect to
4 matters involving the trust administration, access to her own funds which were frozen due to actions
5 of a previous trustee and potential conflicts within her family which led to litigation and an eventual
6 conservatorship action. Petitioner’s current rate at the time was $560 an hour, but the hourly rate for
7 attorneys within Petitioner’s firm was discounted to $425 an hour. In addition, the hourly rate for
8 paralegal time was $205 an hour, and this rate was also discounted to $175 an hour.
9 8. On or about June 5, 2019, Petitioner retained the services of a licensed neuro-
10 psychologist, Jonathan Canick, Ph.D., to undertake a comprehensive competency assessment of Ms.
11 Nestel. Ms. Nestel underwent a full 3-hour neuropsychological exam by Dr. Canick. Dr. Canick
12 determined that Ms. Nestel had full mental and testamentary capacity and confirmed that she was
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competent to make her own decisions and handle her own affairs. Dr. Canick concluded that Ms.
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14 Nestel was competent at the time he was retained by Petitioner.
15 B. Harryette Nestel’s Estate and Her Suspicions of Family’s Mismanagement.
16 9. In late April of 2019, Ms. Nestel amended her Trust to name Neil Fisher, her cousin,
17 as trustee. She did this because she thought she could trust Neil and wanted some assistance in
18 managing her affairs On or about April 29, 2019, she also executed a document entitled, Springing
19 Durable Power of Attorney for Asset Management in Event of Incapacity of Harryette B. Nestel. In
20 this document, she allowed Neil Fisher to have a durable power of attorney to help manage her
21 finances. Neil Fisher was specifically advised that many of the assets were managed by Ms. Nestel’s
22 long-time broker and family friend, John McMahon at Merrill Lynch, and that she did not want Neil
23 to move any money but only to take over checking in with John McMahon periodically as she had
24 been done over the years.
25 10. However, without Ms. Nestel’s knowledge or consent, Neil Fisher immediately
26 moved all of the assets out of the Merrill Lynch account being managed by John McMahon and put
27 the assets in an account at Ameritrade where Neil Fisher was allegedly personally managing the
28

3
PETITION FOR COURT ORDER INSTRUCTING TRUSTEE(S) TO PAY ALVARADOSMITH, APC FROM TRUST ESTATE
FOR LEGAL SERVICES RENDERED AS ATTORNEY FOR HARRYETTE B. NESTEL
4953168.1 -- SFLML5.1
1 money. When Ms. Nestel learned about this, she became was very upset as she had John McMahon
2 managing her money for many years and was not consulted about the change.
3 11. Around this same time, on or about April 27, 2019, Ms. Nestel’s son, William Nestel
4 visited her. He resides in China but comes to San Francisco from time to time to visit his mother.
5 This time he decided to stay with his mother for an extended period of time as he was concerned that
6 his cousin and former trustee, Neil Fisher, was not properly handling his mother’s affairs.
7 12. On or about May 22, 2019, Ms. Nestel’s grandson, Matthew Nestel, unexpectedly
8 advised her he was driving up from Los Angeles to San Francisco to see her but would not say why
9 he was coming. Thereafter, Ms. Nestel went with her health care worker to see her doctor, Lisa
10 Vail, M.D., for what was assumed to be a routine check-up. However, when she arrived, she was
11 surprised to see that Matthew Nestel, and “Beth”, a social worker, were also present. Dr. Vail, whose
12 specialty is internal medicine, saw Ms. Nestel for a very short time, took some notes and left. It was
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later learned that Dr. Vail had signed a letter claiming Ms. Nestel lacked the capacity to make
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14 informed medical, financial or legal decisions.
15 13. Matthew Nestel is a beneficiary of the trust. He and his father, William Nestel are
16 estranged. Ms. Nestel believed that Matthew wanted to have her deemed incapacitated so that his
17 friend and relative, Neil Fisher, would remain as trustee of the Trust. Ms. Nestel believed that
18 Matthew feared his father, William Nestel, would be able to convince Ms. Nestel to change the trust
19 and/or trustee and then eliminate any bequest to Matthew as a beneficiary of the Trust.
20 14. After Neil Fisher obtained the purported incapacity letter from Dr. Vail, he then fired
21 Ms. Nestel’s long-time home health care workers. We were informed by Ms. Nestel that Neil Fisher
22 also entered the home of Ms. Nestel without her consent, on May 29, 2019, yelling at Ms. Nestel and
23 waiving the letter from Dr. Vail and stating “It’s over, your affairs are now in my hands. From now
24 on I control your affairs. Don’t try buying anything or writing any checks, it will bounce”.
25 15. Because of Neil Fisher’s conduct, Ms. Nestel decided to hire a lawyer. At Ms.
26 Nestel’s direction, on or about June 4, 2019, certain parts of the Trust were revoked by means of a
27 document entitled, Durable Power of Attorney Revocation of Third 2017 Confirming Amendment to
28 the 1997 Nestel Revocable Trust, and Revocation of Springing Granted to Neil B. Fisher and to

4
PETITION FOR COURT ORDER INSTRUCTING TRUSTEE(S) TO PAY ALVARADOSMITH, APC FROM TRUST ESTATE
FOR LEGAL SERVICES RENDERED AS ATTORNEY FOR HARRYETTE B. NESTEL
4953168.1 -- SFLML5.1
1 Successor, Attorney in Fact, Matthew L. Nestel. One effect of these trust amendments was to
2 remove Neil Fisher as trustee and appoint Ms. Nestel as trustee. As part of the June 2019
3 amendment to the Trust, a co-trustee was named, an attorney named Nancy Lewellen.
4 16. Due to Neil Fisher’s conduct on May 29, 2019, Ms. Nestel also met with another law
5 firm specializing in restraining orders and obtained a restraining order against Neil Fisher.
6 17. On June 5, 2019, Ms. Nestel underwent a full 3-hour neuropsychological exam by Dr.
7 Jonathan Canick, Ph.D. Dr. Canick determined that she had full mental and testamentary capacity
8 and confirmed that she was competent to make her own decisions and handle her own affairs.
9 18. Due to Neil Fisher’s conduct in blocking Ms. Nestel’s access to her own monetary
10 accounts, Ms. Nestel was without access to any of her accounts beginning in late May 2019.
11 D. Services Rendered as Counsel from June 2019 through March 2020
12 19. As set forth above, Petitioner provided critical legal services as attorney for Harryette
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B. Nestel from June 6, 2019 through May 31, 2020. Some of Petitioner’s legal services rendered
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14 were paid via the initial retainer, but the sum of $97,949.04 remains unpaid for services rendered
15 from June 2019 through the present (inclusive of the present Petition).
16 Breakdown of Services Rendered
17 20. During the eleven-month period from June 6, 2019 through May 31, 2020, as
18 Harryette B. Nestel’s counsel, Petitioner billed the total sum of $99,949.04 for 405 hours of work,
19 calculated at the rate of $425 and $175 per hour for attorney and paralegal fees, respectively.
20 Petitioner was compensated the sum of $2,000 for services rendered through May 31, 2020. A
21 balance of $97,949.04 remains outstanding for services rendered from June 6, 2019 through May 31,
22 2020. For this period of time, Petitioner rendered the following legal services:
23 Litigation Support and Case Management:
24 (i) Obtaining facts, documents and information to assist Ms. Nestel in obtaining access
to her own monetary accounts and to deem herself competent to handle her own
25 affairs due to efforts by family to deem her incompetent in order to take control of her
money. Defending numerous motions by her grandson Matthew Nestel. Drafting and
26
reviewing numerous court pleadings and documents; interviewing professionals and
27 other witnesses; preparing for and attending numerous meetings with Ms. Nestel;
legal research; conferences with attorneys for Matthew Nestel and court appointed
28 trustee; and attorney-client communications.

5
PETITION FOR COURT ORDER INSTRUCTING TRUSTEE(S) TO PAY ALVARADOSMITH, APC FROM TRUST ESTATE
FOR LEGAL SERVICES RENDERED AS ATTORNEY FOR HARRYETTE B. NESTEL
4953168.1 -- SFLML5.1
1 Court Hearings:
2 (ii) Drafting declarations, providing documentary evidence, consulting with counsel,
preparing for and attending numerous court hearings.
3
IV. VALUE OF PETITIONER’S SERVICES TO HARRYETTE NESTEL
4
A. Dollar Value of Legal Services Provided
5
21. At Petitioner’s discounted rate of $425 per hour, the total value of the 405 hours of
6
legal services were provided to Harryette Nestel over an 11-month period from June 6, 2019 through
7
May 31, 2020 and Petitioner provided $99,949.04 in legal services. Ms. Nestel paid Petitioner the
8
sum of $2,000. Accordingly, Petitioner is still owed the sum of $97,949.04 for the legal services
9
provided to her at her request. Petitioner has maintained itemized time records (See Exhibit 1).
10
B. Reasonableness and Necessity of Legal Services Provided
11
22. The legal services provided to Harryette Nestel as her retained attorney were
12
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reasonable, necessary, valuable and rendered in good faith for the benefit of Ms. Nestel and her
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estate. At the time of Petitioner’s retention, Ms. Nestel was facing the prospect of having no access
14
to her own money due to the conduct of her former trustee. She needed assistance in confirming the
15
changes to her Trust and obtaining access to her own accounts again. It was a long and harrowing
16
process as Ms. Nestel’s relatives fought vigorously against providing her access to her own money
17
and argued she should be deemed incompetent.
18
C. Harryette Nestel’s Estate has Sufficient Funds to Pay Petitioner
19
23. According to information available to Petitioner, Ms. Nestel’s Trust has the ability to
20
compensate Petitioner for Petitioner’s fees and costs. The Trust consists of real property located at
21
288 29th Avenue, San Francisco, California 94121 valued at over $2,000,000, as well as significant
22
stock and bank accounts as follows:
23
1. Wells Fargo Bank Checking Account No. ***-7032;
24
2. TD Ameritrade Account No. ***-0841;
25
3. First Republic Checking Account No. ***-0780.
26

6
PETITION FOR COURT ORDER INSTRUCTING TRUSTEE(S) TO PAY ALVARADOSMITH, APC FROM TRUST ESTATE
FOR LEGAL SERVICES RENDERED AS ATTORNEY FOR HARRYETTE B. NESTEL
4953168.1 -- SFLML5.1
1 VII. NOTICE
2 24. Attached hereto as Attachment “A” are the names and addresses of all persons
3 entitled to notice of this Petition, pursuant to Prob. §17203 (Trustee and all beneficiaries). There
4 have been no requests for special notice filed in this case, to the best of Petitioner’s knowledge.
5 VIII. RELIEF REQUESTED
6 WHEREFORE, Petitioner prays for an order:
7 1. Instructing the Trustee of the Harryette B. Nestel Trust, to pay Petitioner’s firm
8 AlvaradoSmith, APC, the sum of $97,949.04, for as of yet unpaid legal services rendered for the
9 period ending May 31, 2020; and
10 2. For such other relief as the court deems proper.
11

12 DATED: October 15, 2020 ALVARADO SMITH
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A Professional Corporation
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14
By:______________________________
15
THEODORE E. BACON
CATHERINE S. MEULEMANS
16
Attorneys for Petitioner
17

7
PETITION FOR COURT ORDER INSTRUCTING TRUSTEE(S) TO PAY ALVARADOSMITH, APC FROM TRUST ESTATE
FOR LEGAL SERVICES RENDERED AS ATTORNEY FOR HARRYETTE B. NESTEL
4953168.1 -- SFLML5.1
1 VERIFICATION
2

3 I have read the foregoing PETITION FOR COURT ORDER INSTRUCTING
TRUSTEE(S) TO PAY ALVARADOSMITH, APC FROM TRUST ESTATE FOR LEGAL
4 SERVICES RENDERED AS ATTORNEY FOR HARRYETTE B. NESTEL and know its
contents.
5
 I am the Petitioner and one of the attorneys for the now deceased Harryette B. Nestel in this
6 action. The matters stated in the foregoing document are true of my own knowledge except
as to those matters which are stated on information and belief, and to those matters I believe
7
them to be true.
8
 I am  an officer  a partner  ____________ of ______________, a party to this action,
9 and am authorized to make this verification for and on its behalf, and I make this verification
for that reason.
10

11
 I am informed and believe and, on that ground, allege that the matters stated in the
foregoing document are true.
12
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 The matters stated in the foregoing document are true of my own knowledge except
as to those matters which are stated on information and belief, and as to those matters
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I believe them to be true.
14

15  I am one of the attorneys for __________________, a party to this action. Such party is
absent from the county of aforesaid where such attorneys have their offices, and I make this
16 verification for and on behalf of that party for that reason. I am informed and believe and, on
that ground, allege that the matters stated in the foregoing document are true.
17
Executed on October 15, 2020 at San Francisco, California.
18

19 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
20

22 THEODORE E. BACON
Type or Print Name Signature
23

4953168.1 -- SFLML5.1
1 ATTACHMENT A
2 William C. Nestel, Adult Son
Section A, Building 8
3 249 Anfu Lu
Xuhui District
4
Shanghai, China 200031
5
Dick Block, Adult Brother
6 2910 Neilson Way, #503
Santa Monica, CA 90405-5368
7

8
Rachel Nestel Peck, Adult Granddaughter
28738 Pisces Street
9 Agoura Hills, CA 91301

10 Matthew Nestel, Adult Grandson
2408 Carnegie Lane, Unit 1
11
Redondo Beach, CA 90278
12
Michael Friedman, Attorney for William C. Nestel
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580 California Street, Suite 1200,
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San Francisco, CA 94104
14
Trisha Friedeberg, Attorney for Matthew Nestel
15
235 Montgomery Street, Suite 1220
16 San Francisco, CA 94104

1
ATTACHMENT A
4953168.1 -- SFLML5.1
EXHIBIT 1
1 MACARTHUR PLACE
SUITE 200
SANTA ANA CA 92707
(714) 852-6800
EIN: 33-0545440

HARRYETTE NESTEL
288 29TH AVENUE July 31, 2019
SAN FRANCISCO, CA 94131
INVOICE # 337274

CONFIDENTIAL/ATTORNEY-CLIENT PRIVILEGE
FOR PROFESSIONAL SERVICES RENDERED THROUGH 07/31/2019

MATTER # SFLML5.1
RE.: TRUST ADMINISTRATION ISSUES

PROFESSIONAL FEES

DATE ATT DESCRIPTION HOURS AMOUNT
6/5/2019 TEB REVIEW OF HOME CARE AGREEMENT AND 1.10 467.50
STRATEGIZE REGARDING ENFORCEABILITY OF NON
SOLICITATION CLAUSE
6/12/2019 TEB REVIEW OF ESTATE PLAN DOCUMENTS AND MEET AND 0.80 340.00
CONFER WITH LOREN LOPIN REGARDING STRATEGY
FOR TRUST ADMINISTRATION, AGREEMENT
REGARDING CAREGIVERS, MISCELLANEOUS TRUST
MATTERS
6/17/2019 TEB LEGAL RESEARCH ON PROCEDURE AND STANDARD 1.50 637.50
OF PROOF TO CONFIRM TRUSTOR'S CAPACITY TO
AMEND A TRUST.
6/19/2019 TEB BEGAN DRAFTING OF 17200 PETITION 2.20 935.00
6/20/2019 TEB CONFERENCES WITH LOREN LOPIN REGARDING TRUST 0.30 127.50
ADMIN ISSUES, 17200 PETITION
6/27/2019 TEB CONFERENCE WITH LOREN LOPIN REGARDING 0.30 127.50
STRATEGY IN LETTER TO FORMER TRUSTEE ON
AGREEMENT TO DISSOLVE TEMPORARY RESTRAINING
ORDER IN EXCHANGE FOR RESIGNATION AND
CONFIRMATION OF CAPACITY OF TRUSTOR, AND
REVIEW LETTER
7/2/2019 TEB REVIEW OF FILE AND MEMO REGARDING STRATEGY, 0.80 340.00
17200 PETITION
7/9/2019 TEB CONFERENCES WITH LOREN LOPIN REGARDING 0.60 255.00
STRATEGY, REVISE 17200 PETITION AND FINALIZE FOR
FILING
7/10/2019 MJS PREPARE NOTICE OF HEARING FOR PETITION SEEKING 0.30 52.50
COURT ORDER DETERMINING VALIDITY OF
MODIFICATION/AMENDMENTS TO TRUST PROVISIONS;
ALVARADOSMITH, APC Page: 2
SFLML5.1 July 31, 2019
TRUST ADMINISTRATION ISSUES INVOICE # 337274
AND FILE SAME WITH COURT.
7/10/2019 TEB MEETING WITH ATTORNEY LOPIN AND FINALIZE AND 0.30 127.50
FILE 17200 PETITION, DISCUSS NOTICE ISSUES
7/11/2019 CXM REVIEW PETITION AND DOCUMENTS; STRATEGIZE WITH 1.50 637.50
REGARD TO EX PARTE APPLICATION TO OBTAIN
FUNDS FOR CLIENT; RESEARCH PROBATE STATUTES TO
DETERMINE BASIS FOR APPLICATION.
7/11/2019 CXM PREPARE LIST OF INFORMATION NEEDED FROM CLIENT 0.50 212.50
TO FILE EX PARTE APPLICATION FOR DISBURSEMENT OF
FUNDS.
7/11/2019 MJS PREPARE PROOF OF SERVICE FOR NOTICE OF 0.30 52.50
HEARING AND PETITION; SERVE ON BENEFICIARIES
AND FILE WITH COURT.
7/11/2019 TEB REVIEW OF EMAILS FROM LOREN LOPIN AND OUTLINE 0.50 212.50
WHAT NEEDS TO BE ALLEGED AND PREPARED ON EX
PARTE APPLICATION TO RELEASE FUNDS TO PAY
TRUSTOR'S BILLS
7/12/2019 CXM WORK ON EX PARTE APPLICATION TO OBTAIN INTERIM 2.70 1,147.50
ORDER DISBURSING FUNDS TO CLIENT.
7/15/2019 CXM PREPARE AND REVIEW DOCUMENTS REGARDING 1.00 425.00
GIVING NOTICE OF EX PARTE APPLICATION; MAKE
PHONE CALLS TO MATTHEW, WILLIAM AND RACHEL
TO GIVE NOTICE OF EX PARTE HEARING.
7/15/2019 CXM REVIEW ACCOUNTING SPREADSHEET FOR JANUARY 1.50 637.50
THROUGH MAY 2019 AND VARIOUS CAREGIVER
INVOICES AND OTHER BILLS AND STATEMENTS AND
SEEK TO DETERMINE CLIENT'S PAST AND FUTURE
MONETARY NEEDS.
7/15/2019 CXM CONFERENCE WITH RACHEL NESTEL AND HER 0.30 127.50
HUSBAND WITH REGARD TO EX PARTE HEARING.
7/15/2019 CXM CONFERENCE WITH MATTHEW NESTEL WITH REGARD 0.20 85.00
TO EX PARTE HEARING.
7/15/2019 CXM WORK ON EX PARTE APPLICATION AND STRATEGIZE 2.80 1,190.00
ON WHETHER TO CLAIM WILLIAMS'S CAREGIVING
COSTS IN APPLICATION.
7/15/2019 TEB REVIEW OF EMAILS AND ATTACHMENTS REGARDING 0.20 85.00
EX PART MOTION TO ORDER BANKS TO RELEASE
FUNDS AND CONFER WITH MR. LOPIN REGARDING
SAME
7/16/2019 CXM PREPARE CORRESPONDENCE TO DEBRA FOX, 0.20 85.00
COUNSEL FOR NEIL FISHER, WITH REGARD TO EX
PARTE HEARING.
7/16/2019 CXM PREPARE NOTICE OF EX PARTE APPLICATION, 5.60 2,380.00
MEMORANDUM OF POINTS AND AUTHORITIES,
DECLARATION OF HARRYETTE NESTEL, DECLARATION
OF CATHERINE MEULEMANS AND PROPOSED ORDER
FOR UPCOMING EX PARTE HEARING AND STRATEGIZE
REGARDING SAME.
7/16/2019 CXM REVIEW AND RESPOND TO CORRESPONDENCE FROM 0.20 85.00
DEBRA FOX WITH REGARD TO IDENTIFY OF NEW
TRUSTEE.
7/16/2019 CXM REVIEW AND RESPOND TO CORRESPONDENCE FROM 0.20 85.00
ALVARADOSMITH, APC Page: 3
SFLML5.1 July 31, 2019
TRUST ADMINISTRATION ISSUES INVOICE # 337274
DEBRA FOX WITH REGARD TO ATTENDANCE AT EX
PARTE HEARING AND COPY OF REVOCATION OF
TRUSTEE.
7/16/2019 TEB REVIEW EMAIL RE STRATEGY ON EX PARTE MOTION 0.20 85.00
AND REPLY TO SAME
7/17/2019 CXM FINALIZE ALL EX PARTE DOCUMENTS AND TRAVEL TO 5.80 2,465.00
AND FROM REDWOOD CITY FOR LENGTHY EX PARTE
HEARING.
7/17/2019 CXM STRATEGIZE REGARDING OUTCOME OF HEARING. 0.50 212.50
7/17/2019 CXM PREPARE PETITION AND EX PARTE APPLICATION FOR 1.90 807.50
FILING IN SAN FRANCISCO PROBATE COURT GIVEN
COURT'S RULING THAT CASE MUST BE FILED IN SAN
FRANCISCO; REDACT PORTIONS OF EX PARTE
APPLICATION SEEKING FUTURE EXPENSES AND
INDICATE AMOUNT OF ESTATE AND FURTHER EXIGENT
CIRCUMSTANCES FOR NECESSITY OF APPLICATION.
7/17/2019 TEB REVIEW OF REPORT ON EX PARTE HEARING AND 0.50 212.50
REVISED EX PARTE PETITION, EMAIL RE SAME
7/19/2019 CXM REVIEW EMAILS REGARDING NEIL FISHER'S COUNSEL 0.30 127.50
AND STRATEGIZE REGARDING SAME.
7/19/2019 CXM REVIEW AND RESPOND TO CORRESPONDENCE FROM 0.30 127.50
NEIL FISHER'S COUNSEL REGARDING MONIES TAKEN
FROM ACCOUNT, ACCOUNTING AND DOCUMENTS
RELATING TO FINANCES OF TRUST.
7/19/2019 CXM REVISE PETITION TO REFLECT NEW FACTS 0.30 127.50
CONCERNING TRUSTEE'S WITHDRAWAL OF TRUST
ASSETS AND NEED FOR ACCOUNTING AND
DOCUMENTS.
7/19/2019 CXM CONFERENCE WITH LOREN LOPIN WITH REGARD TO 0.20 85.00
REVISED PETITION.
7/22/2019 CXM REVIEW AND RESPOND TO CORRESPONDENCE FROM 0.20 85.00
DEBRA FOX RELATING TO TRUST DOCUMENTS AND
HER CHARACTERIZATION OF FACTS
7/22/2019 CXM REVISE EX PARTE APPLICATION TO INCLUDE RESULTS 1.90 807.50
OF HEARING IN SAN MATEO.
7/24/2019 CXM FINALIZE EX PARTE APPLICATION FOR FILING WITH SAN 0.30 127.50
FRANCISCO SUPERIOR COURT.
7/24/2019 MJS PREPARE REQUEST FOR JUDICIAL NOTICE TO FILE WITH 0.40 70.00
EX PARTE APPLICATION FOR REQUEST FOR INTERIM
ORDER DISBURSING FUNDS TO PETITIONER.
7/24/2019 TEB MEETING WITH LOREN LOPIN TO STRATEGIZE 0.30 127.50
REGARDING WHETHER TO CONTINUE TO PURSUE
TEMPORARY RESTRAINING ORDER AS TO FORMER
TRUSTEE
7/25/2019 CXM REVIEW AND RESPOND TO FISHER'S COUNSEL'S 0.20 85.00
CORRESPONDENCE WITH REGARD TO STATUS OF
RECEIVING TRUST FILES.
7/29/2019 CXM CONFERENCE WITH NEIL FISHER'S COUNSEL ABOUT 0.50 212.50
DOCUMENTS, CHECK AND CASE STATUS.
SUB-TOTAL FEES THROUGH 7/31/2019: 16,622.50
ALVARADOSMITH, APC Page: 4
SFLML5.1 July 31, 2019
TRUST ADMINISTRATION ISSUES INVOICE # 337274

RATE SUMMARY
TEB TED E. BACON 9.60 Hours @ $425.00/hr 4,080.00
CXM CATHERINE S. MEULEMANS 29.10 Hours @ $425.00/hr 12,367.50
MJS MARA SCHWARK 1.00 Hours @ $175.00/hr 175.00
39.70 16622.50

EXPENSES
DATE DESCRIPTION UNITS AMOUNT
PHOTOCOPIES 1,159.00 289.75
7/1/2019 CATHERINE S. MEULEMANS - SAN MATEO COURT - FEE FOR 1.00 60.00
EX PARTE ON 7/17/2019
7/1/2019 CATHERINE S. MEULEMANS - SAN MATEO COURT - FEE FOR 1.00 26.00
CERTIFIED COPY ON 7/17/2019
7/1/2019 CATHERINE S. MEULEMANS - SAN MATEO COUNTY CENTER - 1.00 4.00
PARKING FEE FOR EX PARTE ON 7/17/219
7/15/2019 NATIONWIDE LEGAL, LLC.- FILE AND CONFORM PROOF OF 1.00 167.00
SERVICE AT SAN MATEO SUPERIOR COURTHOUSE IN
REDWOOD CITY ON 7/11/19
7/15/2019 NATIONWIDE LEGAL, LLC.- FILE AND CONFORM NOTICE OF 1.00 703.50
HEARING; PETITION AT SAN MATEO SUPERIOR COURTHOUSE
IN REDWOOD CITY ON 7/10/19
SUB-TOTAL EXPENSES THROUGH 7/31/2019 : 1,250.25

TRUST ACTIVITY
Entry # Previous Trust Balance: 0.00
7/2/2019 320564 SFLML5.1 - RETAINER 2,000.00
Ending Trust Balance: 2,000.00

SUMMARY
PREVIOUS BALANCE DUE 0.00
PAYMENTS RECEIVED 0.00
TOTAL CURRENT BILLING 17,872.75
TOTAL NOW DUE 17,872.75

PAYMENT ON ACCOUNT (TRANSFERRED FROM RETAINER (2,000.00)

TOTAL DUE 15,872.75
1 MACARTHUR PLACE
SUITE 200
SANTA ANA CA 92707
(714) 852-6800
EIN: 33-0545440

HARRYETTE NESTEL
288 29TH AVENUE

Case Info

Judge

Joseph M. Quinn Track Judge’s New Case

Case No.

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Document Filed Date

October 16, 2020

Case Filing Date

July 23, 2019

County

Parties

ALVARADOSMITH, APC Petitioner
AMERICAN CONTRACTORS INDEMNITY COMPANY 801 S. FIGUEROA ST., STE. Surety Company
BACON, THEODORE E Attorney
FISHER, NEIL B. Respondent
FOX, DEBORAH L. Attorney
FREEDMAN, MICHAEL ELLIS Attorney
FRIEDEBERG, TRISHA D Attorney
HARCO NATIONAL INSURANCE COMPANY Surety Company
LEWELLEN, NANCY Objector
LEWELLEN, NANCY Petitioner
LEWELLEN, NANCY Trustee
LOPIN, LOREN M Attorney
MAYER, JULIE HARRISON Other
NESTEL, HARRYETTE B. Petitioner
NESTEL, JANE TERRY Petitioner
NESTEL, MATTHEW L. Objector
NESTEL, MATTHEW L. Petitioner
NESTEL REVOCABLE TRUST, ESTABLISHED FEBRUARY 21, Trustor
NESTEL, WILLIAM C. Beneficiary
NESTEL, WILLIAM C. Objector
NESTEL, WILLIAM C. Petitioner
ROBELLO, SHEILA Attorney
SIMON, BARBARA R Objector
SMITH, CRAIG R. Attorney
Sandra Polin Attorneys for Plaintiffs
Felicia Meyers Attorney
Bruce Feder Attorney
Melanie Emmons Attorney
Catherine Meulemans Attorney
Bette Epstein Attorney
Joanne Chan Attorneys for Plaintiffs

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Hearing: IN THE MATTER OF THE NESTEL REVOCABLE TRUST, ESTABLISHED FEBRUARY 21, 1997 AND REVOKED ON JULY 1, 2019 TRUST

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