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

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San Francisco Superior Courts
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Document Scanning Lead Sheet
May-10-2007 2:38 pm

Case Number: PTR-07-289654
Filing Date: May-10-2007 2:37

Juke Box: 001 Image: 01765621
PROBATE EX PARTE APPLICATION FOR ORDER

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

001P01765621

Instructions:
Please place this sheet on top of the document to be scanned.DE-350/GC-100

ATTORNEY OR PARTY WITHOUT ATTORNEY (Neme, State Bar number, end adores):
Bradford J. DeMeo, SBN 141189
Carmen D. Sinigiani, SBN 238895
DeMeo DeMeo & West

$65 West College Avenue

Santa Rosa, California 95401
rerepHoneno:: (707) 545-3232

FAXNO. (Optoney (707) 545-1725

FILER.

MAY 4.0. 2007

GORDON PARK-LI, Clerk
BY: eeoreerty Clerk

SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
gtreetaporess: 400 McAllister Street, Room 103
maunGaporess: San Francisco, California 94102
CITY AND ZIP CODE:

‘BRANCH NAME: .

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

(Gc) vecevenr [_] conservaree [7] minor
PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM—-PROBATE CASE NUMBER:
Ge] EX PARTE PTR-07-289654

NOTE: This form Is for use in proceedings under the Probate Code, ‘except for compromise of en 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
@ppointment of a guardian ed litem in a family law proceeding should use form FL-938, An individual may not act as @ guardian ad litem unless
the individual Is an attomey or Is represented by an attorney. A guardian ad litem is NOT the same as 8 guardian of the person or the estate.

=

|. Petitioner (name): Laurie Procsal is:
a. (1 personal representative of the estate of:
vo CI] guardian of:
¢. [_] conservator of:
d. (_] trustes of:
e. Ox) other Interested person (specify capacity): Mother and natural guardian of JAMES PROSCAL,
minor
. This petition seeks the appointment of the following person as guardian ad litem (state name, address, and telephone number):
Lauria Procsal, 208 Hamptom Court, Santa Rosa, CA 95409; (707) 849-5665

Nv

s

‘The guardian ad litem Is to represent the Interests of the following person (state name, address, and telephone number):
James Proscal, 208 Hampton Court, Santa Rosa, CA 95409; (707) 849-5665

4. The person to be represented Is:
a. (XX) aminor (date of bith): July 2, 1989
b. [_] an incapacitated person.
c. [1] anunbom person.
AE) an naerentainad norecn
e. [__] a person whose Identity or address is unknown.
f. [_] adesignated class 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 5a).
t. [] 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. [1 the approval and settlement of claims against a deceased settior (Probate Code, § 19029) (specify details in Attachment 5d).
e. [3x] the representation of a minor, Incapacitated person, or other person identified in Probate Code section 1003(a) ina
proceeding under the Probate Code (Probate Code, § 1003{a)) (specify details in Attachment 5e).
t. [J other (specify. Continue in Attachment 5f if necessary):

Page totz

Form Adored os Mandatory Use PETITION FOR APPOINTMENT OF Probate Code. $1009
DE-350/GC-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

conservaree [—_] mINor

6. The appointment of a guardian ad litem Is
a. Lc] proper because the minor has no guardian of his or her estate.
b. Lx] necessary for the following reasons (specify reasons, Continue in Attachment 6b ifnecessary): 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 proposed guardian ad litem’s relationship to the person he or she is representing is
a. Lc] related (state relationship): Mother
b. (_) 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. Cx] will be 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 Attachment 9b if
necessary):

10, Number of pages attached: 3
Date: May 2 , 2007

(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY)

| dectare under penatty of perjury under the laws of the State of California that the foregoing Is true and correct.

Date: May & , 2007

Laurie Proceal >

CTYPE 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 perjury under the laws of the State of California that
the foregoing petition Is true and correct.

Date: May t, 2007 OO
& Attt* as Din aanll
WUWAAD VAAL,

Lauire Proseal 2007 r

(TYPE OR PRINT NAME) (SIGNATURE OF PROPOSED GUARDIAN)

[J CONSENT OF MINOR 12 YEARS OF AGE OR OLDER (Optional)

|, (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 OLDER)
ES016C-100 [Rev deren 12004) PETITION FOR APPOINTMENT OF Page ola

GUARDIAN AD LITEM—PROBATEEstate of Richard Gold and Marcia H. Gold, Living Trust
Case No. PTR 07-289654

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

James Proesal has petitioned the court through his natural guardian, Laurie Procsal, 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

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Attachment Se, Petition for Appointment of Guardian Ad Litem — ProbateEstate 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
tights of James Procsal because as his mother, she has only his interests in mind. In Particular,
the subject petition dated April 9, 2007, Case No. PTR-07-289654, was made to enforce James
Procsal’s rights under the Richard Gold and Marcia H. Gold Living Trust. At no time has Laurie
Procsal’s interest been in conflict with James Procsal’s interest.

Attachment 8, Petition for Appointment of Guardian Ad Litem — ProbateEstate of Richard Gold and Marcia H. Gold, Living Trust
Case No. PTR 07-289654

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

Name ddress
Peter Levy, Counsel for Mark Epstein 465 California Street, Suite 200

San Francisco, California 94104

Darren Procsal, Father of James Procsal 208 Hampton Court
Santa Rosa, California 95409

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