Probate Matters: IN THE MATTER OF THE RICHARD GOLD AND MARCIA H GOLD TRUST

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Document Scanning Lead Sheet
May-10-2007 2:43 pm

Case Number: PTR-07-289654
Filing Date: May-10-2007 2:42

Juke Box: 001 Image: 01765634
PROBATE EX PARTE APPLICATION FOR ORDER

IN THE MATTER OF THE RICHARD GOLD AND MARCIA H GOLD TRUST

001P01765634

Instructions:
Please place this sheet on top of the document to be scanned.DE-350/GC-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stote Bar number, end address): FOR COURT USE ONLY

Bradford J. DeMeo, SBN 141189

Carmen D. Sinigiani, SBN 238895

DeMeo DeMeo & West

56S West College Avenue

Santa Rosa, California 95401

reepHoneno.: (707) 545-3232 FAXNO. (Optionay, (707) S45-17:

San Francisco Gounty Superlor Court

SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco

streetaporess:; 400 McAllister Street, Room 103 MAY 10 2007

mauncaporess: San Francisco, California 94102

CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name): Estate of Richard Gold and Marcia H.
Gold, Living Trust

[x] cecevenr [_] conservaree [__] mor

PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—PROBATE CASE NUMBER:
CX] EX PARTE PTR-07-289654

NOTE: This form is for use In proceedings under the Probate Code, except for compromise of an action to which a minor or incompetent person
is a party. A person seeking the appointment of a guardian ad litem in a civil proceeding should use form 982(a)(27). A person seeking the
eppointment of a guardian ad litem in a family law proceeding should use form FL-935. An individual may not act as @ guardian ad item unless
the individual Is an attomey or Is represented by an attomey. A guardian ad litem is NOT the same as @ guardian of the person or the estate.

1. Petitioner (name): Mark Gold is:
a. (_] personat representative of the estate of:
b. C_] guardian of
¢. (_] conservator of:
d. (_]) trustee of:
e. Lx] other interested person (specify capacity): Father and natural guardian of Emelia Gold, a
minor
2. This petition seeks the appointment of the following person as guardian ad litem (state name, address, end telephone number):
Laurie Procsal, 208 Hampton Court, Santa Rosa, California 95409 (707) 849-5665

. 3. The guardian ad fitem Is to represent the interests of the following person (state name, address, and telephone number):
Mora Gold, 711 Stevenson Lane, Baltimore, Maryland 21286 (410) 583-6771

4. The person to be represented Is:
- Lx] aminor (date of bith): January 3, 2000
an incapacitated person.
[) an unbom person.
[7] an unascartainedt person.
L_J a person whose Identity or address Is unknown.
[-) a designated ciass of persons who are not ascertained or are not in being.
5. Appointment of a guardian ad litem arises out of Issues regarding
a. (_) the execution of a disclaimer under Probate Code section 277 (specify details in Attachment Sa).
b. [J the representation of the interests of a spouse alleged to lack legal capacity (Probate Code, §§ 3112 and 3140) (specify
details in Attachment 5b).
c. [_] the consent to modification or termination of trust (Probate Code, § 15405) (specify details in Attachment 5c).
d. [_) the approval and settlement of claims against a deceased settlor (Probate Code, § 19029) (specify details in Attachment 5d).
e. [ic] the representation of a minor, incapacitated person, or other person Identified in Probate Code section 1003(a) in a
proceeding under the Probate Code (Probate Code, § 1003(a)) (specify details in Attachment 5e).
t. (1) other (specify. Continue in Attachment 5f if necessary):

re aoge

Page tot?

ronaas Come of cauterna PETITION FOR APPOINTMENT OF Probate Code, § 1003
OE-350/G0-100 [Rev. January 1, 2004) GUARDIAN AD LITEM—PROBATEESTATE OF (Name):Estate of Richard Gold and Marcia H. Gold,
Living Trust

(CASE NUMBER:
PTR-07-289654

Ge] vecepent
6. The appointment of a guardian ad litem is
a. [ac] proper because the minor has no guardian of his or her estate.
b. (] necessary for the following reasons (specify reasons, Continue in Atlachment 6b if necessary): Petition for
appointment of Guardian Ad Litem is being made under court instructions,
ordered by the court during the hearing on April 30, 2007.

CONSERVATEE

7. The proposed guardian ad litem's relationship to the person he or she is representing Is
a. Lic) related (state relationship): Aunt

b. [J not retated (specify capacity):
8. The proposed guardian ad litem Is fully competent and qualified to understand and protect the rights of the person he or she is
representing as explained in Attachment 8 and has no interest adverse to the interests of that person.

9. Notice of this proceeding
a. [x] willbe given to the parties named In Attachment 9a.
b. [] should be dispensed with for the following reasons (specify reasons for ex parte request. Continue in Atachment 9b if
necessary):

10. Number of pages attached: 3
Date: May § 1 2007

(TYPE OR PRINT NAME) {SIGNATURE OF ATTOF

\ dectare under penalty of perjury under the taws of the State of Califomia that the foregoing Is true and correct.

Date: May 1 2007

> See Faxed Signature Next Page
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)

CONSENT TO ACT AS GUARDIAN AD LITEM
{ consent to the appointment as guardian ad litem and I declare under penalty of pesjury under the laws of the State of Califomia that
the foregoing petition Is true and correct.

Date: May § , 2007 PO .
Bf AliLan Den ann

La a
CTYPE OR PRINT NALE) (SIGNATURE OF PROPOSED GUARDIAN)

(I CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional)

1, (name): » am {specify age}: years of age and hereby nominate
(name): to be my guardian ad litem to represent my interests for the
reasons set forth In items 5 and 6 of this petition,

Date:

>

(TYPE OR PRINT NAME) {SIGNATURE OF MINOR 12 YEARS OF AGE OR CLDER)
—
DS-SSOGC-100 Rev, frac 1, 2006) PETITION FOR APPOINTMENT OF Paoezot

GUARDIAN AD LITEM—PROBATE_TMAY, 8. 2007812: 11 FMA ° PHARMACEUTICALS Fat NO. c NO. 244 P, 0/5 0

ESTATE OF (Nom): Estate of Richard Gold ond Marcia H. Gold, | casemusre
Living Truet “ PIR=07-289654
mL oeceounr _ 7") conseavarec_ [7] Mavor

4, Tho appointment of a guardian ad litem fe
n. Lcd proper hecause tho minor has no guardian of bis of her estate.
pv. Cx J necessary for tha following reasons (specity ressons, Continus in Altachmont 6b Fnecossary); Petition for
appointment of Guardian Ad Litem is being made under court instructions,
ordered by the court during the hearing on April 30, 2007.

7 The oop guardian ad ikem’s refationship to fo person he or she Is representing Is
a. [x] ratated (state refationship): Aunt
b, [2] noteolated (specify copacily}:

8. ‘Tho proposed guardian ad Mom Iz fully competent and qualified to understand and protect the rights of the person he or she fs
roprosonting ns exptuined in Adachment 8 and hes no Interest adverse to the interest of thal porton.

9. Notica Of this proceading
e. [3c] wil be gtven to the partion namod In Attachment 92.
b, [C.J choutd ba dispensed with for the following reasons (spocify reasons for ex porte request. Continue in Atfachmont 90 if

necessary):

10. Numbar of pages allachod: 3,

Dato: May + 2007

Carmen D,. Sinias yp
{TYP OF PUNT NAMA) (GIGNATURG OF aTTO?

I declare under ponalty of perjury under the laws ef the State of Califomia that the forego’

Date: May g, 2007
Mark Gold...

CTYTR OR PRINT AAMT)

Teonsenl to The appeinimont as guardian ad [ile and I decioro under penalty of perury undor tho laws of the State of Califomis that
tho foroguinn petitton Is true and correct.

Doles May =»: 2007

Lauria precaal bi

IIVPE OR PRINT RANE) (SHSATURS OF PROPOSES CUAREAN)

{] CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional)

1, frame): 8m (spocify ene): ~—-yaats of 9ge and hereby nominate
(nome): to bo my guardian ad [em to represent my Interests for the
teesone cet forih in ttema 5 and 6 of this pation,
Pato:

(TYPE On FRNT NAME PISNATUNE OF MOK $2 YEARS OF AGG OR OLGA)
SESROBHiea Rew, Smary La0e PETITION FOR APPOINTMENT OF Papal

GUARDIAN AD LITEM—-PROBATEc C

Estate of Richard Gold and Marcia H. Gold, Living Trust
Case No. PTR 07-289654

Attachment Se. Petition for Appointment of Guardian Ad Litem - Probate
Mora Gold has petitioned the court through her natural guardian, Mark Gold, for removal of

trustee of the Richard Gold and Marcia H. Gold Living Trust, for surcharge and other related
matters, in Petition filed on April 9, 2007, Case Number PTR-07-289654.

Attachment Se. Petition for Appointment of Guardian Ad Litem — Probatec C

Estate of Richard Gold and Marcia H. Gold, Living Trust
Case No. PTR 07-289654

Attachment 8. Petition for Appointment of Guardian Ad Litem — Probate

The proposed guardian ad litem is fully competent and qualified to understand and protect the
rights of Mora Gold because as her aunt, she has only her interests in mind. In particular, the
subject petition dated April 9, 2007, Case No. PTR-07-289654, was made to enforce Mora
Gold’s rights under the Richard Gold and Marcia H. Gold Living Trust. At no time has Laurie
Procsal’s interest been in conflict with Mora Gold’s interest.

Attachment 8. Petition for Appointment of Guardian Ad Litem — Probatec €

Estate of Richard Gold and Marcia H. Gold, Living Trust
Case No. PTR 07-289654

Attachment 9. Petition for Appointment of Guardian Ad Litem — Probate

lame Address
Peter Levy, Counsel for Mark Epstein 465 California Street, Suite 200
San Francisco, California 94104
Ellen Gold, Mother of Mora Gold 711 Stevenson Lane
Baltimore, Maryland 21286

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Attachment 9, Petition for Appointment of Guardian Ad Litem — Probate