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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
October 5, 2020 Department: 611
IN RE:
IN RE: MARILYN SILVERMAN- Case Number: PTR-17-301171
BALLONOFF REVOCABLE TRUST Related Case: PCN-12-295409
COURT TRIAL
Day - 4
Present:
Judge: CURTIS KARNOW Clerk: DANIAL LEMIRE
Reporter: Not reported
Appearing:
Sheila Robello, Esq. Selene Ballonoff
Vincent K. Yu, Esq. 2230 Dwight Way, Apt. 308
SOLAN PARK & ROBELLO, LLP Berkeley, CA 94704
354 Pine Street, 7th Floor T. 510-549-3709
San Francisco, CA 94104 E. selenebnl@gmail.com
T: 415-777-3300 Petitioner/Objector, Pro Se
E: law@solanpark.com
for Petitioner Thomas A. Lucas
Trial in the above-entitled matter continues from October 2, 2020. The Court, courtroom staff,
counsel and parties are present as noted above. There is no court reporter present.
9:14am Judge Karnow takes the bench.
Court has received declaration of Sheila Robello regarding and objection to Ms.
Ballonoff’s Notice for Appearance at Trial, as well as a declaration from Ms.
Ballonoff.
9:17am Ms. Ballonoff, objector in pro per, resumes testimony on her own behalf.
The following exhibits are now marked and identified in open court:
Exhibit K(email communications between Mr. Lucas and Ms. Ballonoff, dated
March 10, 2018) is now ADMITTED into evidence over objection.
Exhibit L(email communications between Mr. Lucas and Ms. Ballonoff, dated March
12, 2018) is now ADMITTED into evidence.
Exhibit M(hospitalization chart note dated March 13, 2018, bates-stamped 214)
Exhibit 18(first amended objection to Thomas Lucas third report and account) is now
ADMITTED into evidence.
Page 1
Case No. PTR-17-301171 Date :Oct 05, 2020
Case Title :In Re: IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST
Form: P001000
Exhibit N(email communications between Mr. Lucas, Mr. Wall and Selene Ballonoff,
“Change in Marilyn’s Condition?” date June 26, 2016, 2 pages)
Exhibit 11(previously identified)
Exhibit O(chain of emails between Ms. Ballonoff and Mr. Lucas, dated April 14-15,
2013) is now admitted over objection.
Ms. Ballonoff reads from the hospitalization progress notes concerning her mother
dated from March 16, 2018.
Ms. Ballonoff shows the Court 12 photos of her mother from March-August, 2016.
Ms. Ballonoff reads from a transcript of an August 13, 2020 hearing.
10:27am Court is in recess for a short break.
10:43am Trial resumes with all parties present as previously stated.
Ms. Ballonoff, objector in pro per, resumes testimony on her own behalf.
The following exhibits are requested to be admitted into evidence:
Exhibit H(previously identified) is admitted into evidence.
Exhibit A(previously identified) is NOT admitted due to objection on foundation.
Exhibit B(previously identified) is NOT admitted due to objection on foundation.
Exhibit G(previously identified) is admitted into evidence.
Exhibit I(previously identified) is NOT admitted due to objection on foundation.
Exhibit F(previously identified) is admitted for the limited purpose to show notice.
Exhibit C(previously identified) is NOT admitted due to objection on foundation.
Exhibit D (previously identified) is NOT admitted due to objection on foundation.
Exhibit 17(Ms. Ballonoff’s objections to Mr. Lucas’ third report) is admitted into
evidence.
Exhibit 19(Addendum to First Amended Objection to Third Account) is admitted into
evidence.
Exhibit 20(Second Addendum to First Amended Objection, July 16th, 2018) is
admitted into evidence.
Exhibit 21(Petition to Limit Authority of Conservator Petition for Surcharge; Petition
for Instructions) is admitted into evidence.
Exhibit 22(Third Addendum to First Amended Objections to Thomas Lucas’ Third
Report and Account of Conservator) is admitted into evidence.
Exhibit 24(Objection to First Report and Account of Trustee, Petition for Allowance
of Fees to Trustee…, filed February 14, 2019) is admitted into evidence.
Exhibit 25(Supplement to Objection to First Report and Account of Trustee, for
Allowance of Attorneys Fees and Costs,…) is admitted into evidence.
Exhibit 26(Declaration of Court-Appointed Attorney Regarding Conservator’s
Petition Re Conservatee’s Advance Healthcare Directive) is admitted into evidence.
Exhibit 27(Advance Health Care Directive Form 3-1) is NOT admitted.
Exhibit 11(previously identified) is admitted into evidence.
Exhibit 29(Physician Orders for Life-Sustaining Treatment, dated 4/30/18) is NOT
admitted.
Exhibit 18(previously admitted)
Exhibit P(Supplement to Confidential Supplemental Information) is NOT admitted,
objection for relevance is granted.
Page 2
Case No. PTR-17-301171 Date :Oct 05, 2020
Case Title :In Re: IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST
Form: P001000
11:59am Court is in recess for lunch.
1:33pm Trial resumes
Selene Ballonoff, objector, is cross-examined by Ms. Robello on behalf of the
petitioner.
The following exhibits, previously marked, are now identified in open court:
Exhibit 21(previously admitted)
2:25pm Ms. Ballonoff is excused from the stand.
The Court grants the petitioner’s previously submitted request for judicial notice.
Ms. Ballonoff requests that certain portions of the request for judicial notice be sealed.
Court orders redactions to the request for judicial notice on page 4 line 19, and page 5
line 2.
Court confers with parties as to whether there should be oral or written closing
arguments or a combination of both. Parties are invited to submit a word editable
version of their proposed findings for the judgment order.
A closing submission of no more than 15 pages is due by October 13, 2020.
2:40pm Court is in recess for a short break.
2:58pm Trial resumes with all parties present as previously stated.
Court orders the Request for judicial notice of case file in San Francisco Superior Court
PCT-12-295409 with particular notice of certain pleadings, pursuant to CA Evidence
Code, filed on September 25, 2020 is now ordered unfiled. Petitioners are ordered to
refile with previously ordered redactions.
3:02pm Ms. Ballonoff makes a closing argument on her own behalf as objector in pro per.
3:42pm Ms. Robello makes a closing argument on behalf of the petitioner.
4:03pm Submissions on request for findings are due in a word editable format no later than
October 13, 2020 and the matter shall be deemed submitted at that time.
Court is adjourned.
Page 3
Case No. PTR-17-301171 Date :Oct 05, 2020
Case Title :In Re: IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST
Form: P001000
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Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MINUTES October 5, 2020 Department: 611 IN RE: IN RE: MARILYN SILVERMAN- Case Number: PTR-17-301171 BALLONOFF REVOCABLE TRUST Related Case: PCN-12-295409 COURT TRIAL Day - 4 Present: Judge: CURTIS KARNOW Clerk: DANIAL LEMIRE Reporter: Not reported Appearing: Sheila Robello, Esq. Selene Ballonoff Vincent K. Yu, Esq. 2230 Dwight Way, Apt. 308 SOLAN PARK & ROBELLO, LLP Berkeley, CA 94704 354 Pine Street, 7th Floor T. 510-549-3709 San Francisco, CA 94104 E. selenebnl@gmail.com T: 415-777-3300 Petitioner/Objector, Pro Se E: law@solanpark.com for Petitioner Thomas A. Lucas Trial in the above-entitled matter continues from October 2, 2020. The Court, courtroom staff, counsel and parties are present as noted above. There is no court reporter present. 9:14am Judge Karnow takes the bench. Court has received declaration of Sheila Robello regarding and objection to Ms. Ballonoff’s Notice for Appearance at Trial, as well as a declaration from Ms. Ballonoff. 9:17am Ms. Ballonoff, objector in pro per, resumes testimony on her own behalf. The following exhibits are now marked and identified in open court: Exhibit K(email communications between Mr. Lucas and Ms. Ballonoff, dated March 10, 2018) is now ADMITTED into evidence over objection. Exhibit L(email communications between Mr. Lucas and Ms. Ballonoff, dated March 12, 2018) is now ADMITTED into evidence. Exhibit M(hospitalization chart note dated March 13, 2018, bates-stamped 214) Exhibit 18(first amended objection to Thomas Lucas third report and account) is now ADMITTED into evidence. Page 1 Case No. PTR-17-301171 Date :Oct 05, 2020 Case Title :In Re: IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST Form: P001000 Exhibit N(email communications between Mr. Lucas, Mr. Wall and Selene Ballonoff, “Change in Marilyn’s Condition?” date June 26, 2016, 2 pages) Exhibit 11(previously identified) Exhibit O(chain of emails between Ms. Ballonoff and Mr. Lucas, dated April 14-15, 2013) is now admitted over objection. Ms. Ballonoff reads from the hospitalization progress notes concerning her mother dated from March 16, 2018. Ms. Ballonoff shows the Court 12 photos of her mother from March-August, 2016. Ms. Ballonoff reads from a transcript of an August 13, 2020 hearing. 10:27am Court is in recess for a short break. 10:43am Trial resumes with all parties present as previously stated. Ms. Ballonoff, objector in pro per, resumes testimony on her own behalf. The following exhibits are requested to be admitted into evidence: Exhibit H(previously identified) is admitted into evidence. Exhibit A(previously identified) is NOT admitted due to objection on foundation. Exhibit B(previously identified) is NOT admitted due to objection on foundation. Exhibit G(previously identified) is admitted into evidence. Exhibit I(previously identified) is NOT admitted due to objection on foundation. Exhibit F(previously identified) is admitted for the limited purpose to show notice. Exhibit C(previously identified) is NOT admitted due to objection on foundation. Exhibit D (previously identified) is NOT admitted due to objection on foundation. Exhibit 17(Ms. Ballonoff’s objections to Mr. Lucas’ third report) is admitted into evidence. Exhibit 19(Addendum to First Amended Objection to Third Account) is admitted into evidence. Exhibit 20(Second Addendum to First Amended Objection, July 16th, 2018) is admitted into evidence. Exhibit 21(Petition to Limit Authority of Conservator Petition for Surcharge; Petition for Instructions) is admitted into evidence. Exhibit 22(Third Addendum to First Amended Objections to Thomas Lucas’ Third Report and Account of Conservator) is admitted into evidence. Exhibit 24(Objection to First Report and Account of Trustee, Petition for Allowance of Fees to Trustee…, filed February 14, 2019) is admitted into evidence. Exhibit 25(Supplement to Objection to First Report and Account of Trustee, for Allowance of Attorneys Fees and Costs,…) is admitted into evidence. Exhibit 26(Declaration of Court-Appointed Attorney Regarding Conservator’s Petition Re Conservatee’s Advance Healthcare Directive) is admitted into evidence. Exhibit 27(Advance Health Care Directive Form 3-1) is NOT admitted. Exhibit 11(previously identified) is admitted into evidence. Exhibit 29(Physician Orders for Life-Sustaining Treatment, dated 4/30/18) is NOT admitted. Exhibit 18(previously admitted) Exhibit P(Supplement to Confidential Supplemental Information) is NOT admitted, objection for relevance is granted. Page 2 Case No. PTR-17-301171 Date :Oct 05, 2020 Case Title :In Re: IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST Form: P001000 11:59am Court is in recess for lunch. 1:33pm Trial resumes Selene Ballonoff, objector, is cross-examined by Ms. Robello on behalf of the petitioner. The following exhibits, previously marked, are now identified in open court: Exhibit 21(previously admitted) 2:25pm Ms. Ballonoff is excused from the stand. The Court grants the petitioner’s previously submitted request for judicial notice. Ms. Ballonoff requests that certain portions of the request for judicial notice be sealed. Court orders redactions to the request for judicial notice on page 4 line 19, and page 5 line 2. Court confers with parties as to whether there should be oral or written closing arguments or a combination of both. Parties are invited to submit a word editable version of their proposed findings for the judgment order. A closing submission of no more than 15 pages is due by October 13, 2020. 2:40pm Court is in recess for a short break. 2:58pm Trial resumes with all parties present as previously stated. Court orders the Request for judicial notice of case file in San Francisco Superior Court PCT-12-295409 with particular notice of certain pleadings, pursuant to CA Evidence Code, filed on September 25, 2020 is now ordered unfiled. Petitioners are ordered to refile with previously ordered redactions. 3:02pm Ms. Ballonoff makes a closing argument on her own behalf as objector in pro per. 3:42pm Ms. Robello makes a closing argument on behalf of the petitioner. 4:03pm Submissions on request for findings are due in a word editable format no later than October 13, 2020 and the matter shall be deemed submitted at that time. Court is adjourned. Page 3 Case No. PTR-17-301171 Date :Oct 05, 2020 Case Title :In Re: IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST Form: P001000